Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement

FOR IMMEDIATE RELEASE
November 3, 2005

NOAA ISSUES CIVIL PENALTIES TOTALLING $140,000 TO FOUR VESSELS FOR ACTIVITIES INSIDE THE OCULINA BANK HAPC

The National Oceanic and Atmospheric Administration (NOAA) has issued multiple Notices of Violation and Assessment (NOVA) to four vessels for violating the South Atlantic shrimp fishery regulations. The vessels were using illegal fishing means including - using a bottom trawl and/or anchor. Bottom fishing gear is prohibited in the area since it can significantly damage the fragile coral habitat. These vessels were also, in possession of rock shrimp within the Oculina Bank Habitat Area of Particular Concern (HAPC) between Oct. 1 and Nov. 5, 2004.

The vessels: FV Debra Lee and FV Shootist both from Ala., FV Captain A.B. from Fla. and FV Mister B from Texas were assessed over $140,000 in civil penalties. Their operators and owner were each charged jointly and severally, meaning both parties are held liable.

In addition to monetary fines the vessel operator and their owners were each issued a 45 day permit sanction which forbids the vessel or any other vessel that the owner has from fishing for or dealing in federally regulated species of fish for which a federal permit is required.

In each case, NOAA’s satellite-based Vessel Monitoring System (VMS) alerted enforcement to the fishing vessel’s presence in the Oculina Bank HAPC. VMS allows the OLE to monitor and survey vessels over vast expanses of open-water while maintaining the confidentiality of fishing positions. VMS technologies also allow officers to monitor compliance, track violators and provide substantial evidence for prosecution.

The response to these incursions highlights the cooperative efforts of NOAA Fisheries Service – Office for Law Enforcement (OLE), the Florida Fish and Wildlife Conservation Commission, and the U.S. Coast Guard to patrol and protect the vital Oculina habitat.

The FV Debra Lee was boarded dockside by an OLE special agent. After an inspection and subsequent investigation, Clinton Zirlott & Crystal Gale, Inc. (operator / owner) received a $35,000 NOVA.

The FV Mister B was boarded dockside by an OLE special agent. After an inspection and subsequent investigation Wally Bozeman & Baron's Seafood, Inc. (operator / owner) received a $30,000 NOVA.

The FV Captain A.B. was intercepted at sea by the Florida Fish and Wildlife Conservation Commission’s (FWCC) patrol vessel C.T. Randall and boarded by an OLE agent and a FWC officer. After an inspection and subsequent investigation James Lupton & Abco Shrimp, Inc. (operator / owner) received a $25,000 NOVA.

The FV The Shootist was intercepted and escorted out of the Oculina Bank closed area by a Coast Guard boat from Station Fort Pierce, Fla. The subsequent dockside inspection and investigation by a NOAA agent and FWCC officer resulted in a two-count NOVA against Jason Dorman & Cieutat Trawlers, Inc. (operator / owner). The Oculina Bank violations netted a $50,000 penalty while failing to have the required permit onboard resulted in a $1,500 penalty and a permanent license revocation for the operator, as well as the 45 day permit sanction for the owner.

“The Oculina Bank, located offshore between Cape Canaveral and Ft. Pierce, Florida, has been designated a Habitat Area of Particular Concern (HAPC) by the South Atlantic Fishery Management Council,” stated Special Agent Richard Chesler, OLE – Southeast Division. “Restrictions are in place in order to protect these fragile Oculina Coral growths found in the area. Within the HAPC is an Experimental Closed Area with further restrictions to protect snapper and grouper species.”

Oculina coral (Oculina varicosa), or ivory tree coral, is distributed along the South Atlantic shelf with concentrations occurring off the central-east coast of Florida. The coral provides essential habitat to a complex of fish species.

The vessel owners and operators have 60 days from the date they are notified of these penalties to pay the penalty and accept the permit sanction, seek to have the assessment modified, or request a hearing before an administrative law judge to deny or contest all or any part of the charges and the penalties assessed.

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

NOAA’s National Marine Fisheries Service (NOAA Fisheries Service) is dedicated to protecting and preserving our nation’s living marine resources and their habitat through scientific research, management and enforcement. NOAA Fisheries 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. To learn more about NOAA Fisheries, please visit: www.nmfs.noaa.gov.

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.