Department of Commerce
- NOAA Fisheries Service

FOR IMMEDIATE RELEASE
JULY 28, 2005

NOAA ISSUES $45,000 NOVA AGAINST TEXAS FISHERMEN

The National Oceanic and Atmospheric Administration (NOAA) has charged the owner and the operator of the Fishing Vessel (FV) Dolphin, based out of Seabrook, TX, with a Notice of Violation and Assessment (NOVA) totaling $45,000 and a 45-day Notice of Permit Sanction (NOPS) for violating the Magnuson-Stevens Fishery Conservation and Management Act.

NOAA Fisheries Service - Office for Law Enforcement’s Harlingen (TX) field office concluded a five-month investigation into the illegal fishing practices of Dolphin owner Suu Le and operator Nung Pham. The investigation revealed numerous violations including: failing to use VMS on numerous fishing trips, making false statements and using live wells onboard a fishing vessel.

The investigation revealed that on several fishing trips Le and Pham would turn-off the VMS while they fished for live bait, and then turn the VMS back on as they moved to a new location to long line fish for yellowfin tuna. Prior to the investigation, OLE special agents instructed Le and Pham to use VMS for the duration of each fishing trip.

"Both teamwork and knowledge from NOAA computer technicians and investigators played a role in the success of this case,” said Special Agent Rodolfo Rivera, NOAA Fisheries Service Office for Law Enforcement – Southeast Division. “In today’s age, technology is not only being used to link individuals to crimes but it is now a common tool to achieve sustainability for both the fishing industry and resources."

Penalties under the Magnuson-Stevens Fisheries Conservation and Management Act can range up to $120,000 per offense and include permit sanctions or revocations.

To report illegal fishing activities contact the NOAA Fisheries Service’s Enforcement Hot Line at 800-853-1964.

NOAA Fisheries’ primary mission is to protect and conserve our nation’s living marine resources - this includes most species of marine mammals (whales, dolphins, porpoises, seals and sea lions). Additional information about NOAA Fisheries Service’s marine mammal viewing guidelines and regulations can be found at: www.nmfs.noaa.gov/pr/education/viewing.htm

The National Oceanic and Atmospheric Administration, an agency of the
U.S. Commerce Department, is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and providing environmental stewardship of our nation’s coastal and marine resources.

Through the emerging Global Earth Observation System of Systems (GEOSS),
NOAA is working with our federal partners and nearly 60 countries to develop a global Earth observation network that is as integrated as the planet it observes, predicts and protects.