Department of Commerce
National Oceanic and Atmospheric Administration
NOAA Fisheries Service
- Office for Law Enforcement
FOR IMMEDIATE RELEASE
November 3, 2005
CONTACT: |
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Contact: Mark Oswell / Jen Rota
(301) 427-2300 |
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.
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