Department of Commerce
NOAA Fisheries Service
Office for Law Enforcement
- Southeast Division

FOR IMMEDIATE RELEASE
July 31, 2006

NOAA PENALIZES TEXAS FISHING VESSEL FOR ILLEGAL RED SNAPPER 

The owner and operator of a federally permitted commercial fishing vessel Kaitlyn Mai has received a $95,000 civil monetary penalty and 180-day permit sanction from the NOAA Office of General Counsel for Enforcement and Litigation for multiple federal fishing violations.

On November 1, 2005 , NOAA Fisheries Service Office for Law Enforcement special agents Charles Tyer and Richard Cook, with assistance from Texas Parks and Wildlife Department, approached the Kaitlyn Mai off the coast of Galveston , Texas to board the vessel and inspect the catch. The Kaitlyn Mai attempted to elude the agents and rammed the patrol vessel to avoid a boarding. During this pursuit, the Kaitlyn Mai crew threw approximately 1,000 pounds of fish overboard. State criminal charges are pending for these violations.

When the special agents finally boarded the fishing vessel, they discovered 4,762 pounds of reef fish, including 3,659 pounds of red snapper taken from federal waters prior to the opening of the commercial red snapper season. In addition to fishing in violation of the seasonal closure, the vessel possessed nearly 3,500 pounds in excess of its red snapper commercial trip limit cap of 200 pounds.

Much of the red snapper portion of the catch was discovered in a hidden compartment on the vessel. The agents seized the entire catch and sold it on auction for nearly $12,000, the proceeds of which are subject to forfeiture. The hidden compartment is part of a trend discovered over the past several years of vessels purposefully fishing outside of red snapper season and concealing the illegal catch.

The Notice of Violation and Assessment (NOVA) and Notice of Permit Sanction (NOPS) charged My Quoc Nguyen, owner, and Xi Nguyen, operator of the Kaitlyn Mai with fishing during a closed season, possession of more than 200 undersized red snapper, making false statements to an authorized officer and impeding the investigation by concealing fish in a hidden compartment on the vessel. The owner and operator of the fishing vessel have 30 days from the time of receiving the NOVA and NOPS to request a hearing in front of an Administrative Law Judge to contest the charges.

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

NOAA Fisheries Service is dedicated to protecting and preserving our nation's living marine resources and their habitats through scientific research, management and enforcement. NOAA Fisheries Service provides effective stewardship of these resources for the benefit of the nation, supporting coastal communities that depend upon them, and helping to provide safe and healthy seafood to consumers and recreational opportunities for the American public.

NOAA, an agency of the U.S. Department of Commerce, 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 the nation's coastal and marine resources. Through the emerging Global Earth Observation System of Systems (GEOSS), NOAA is working with its federal partners, over 60 countries and the European Commission to develop a global network that is as integrated as the planet it observes, predicts and protects.

On the Web :
NOAA Fisheries Service Office for Law Enforcement : www.nmfs.noaa.gov/ole
NOAA Fisheries Service: www.nmfs.noaa.gov
NOAA: www.noaa.gov