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

FOR IMMEDIATE RELEASE
July 7, 2006

NOAA PENALIZES FISHERMAN FOR FISHING WITHOUT REQUIRED OBSERVER

The National Oceanic and Atmospheric Administration’s Office of General Counsel for Enforcement and Litigation recently issued an $82,500 civil penalty and 136-day permit sanction to Robert Eleniefsky, operator of the fishing vessel Four Kids, after he allegedly ignored instructions to fish with a NOAA Fisheries Service Observer aboard during an upcoming trip.

After being selected to carry an observer, the operator was notified by the NOAA Fisheries Service Observer on May 4, 2006, that the Four Kids did not meet safety requirements needed to carry an observer, and the vessel was prohibited from fishing until the requirements were met. The Notice of Violation Assessment and Notice of Permit Sanction resulted when Eleniefsky proceeded to fish on May 4 and 5 without an observer.

The vessel was boarded by NOAA Fisheries Service Office for Law Enforcement Special Agents on May 5 when it returned to port in Woods Hole, Mass. In addition to the NOVA and NOPS, the boarding also resulted in a catch seizure with a total value of more than $2,675.

All vessels fishing under either a Federal Permit in the Northeast Region or a Marine Mammal Exemption Certificate must carry an observer if selected. In order to carry an observer, the vessel must have passed a Commercial Fishing Vessel Safety Examination within the past two years.

“ Several tragic events over the past few years have dramatically increased public and private awareness of safety at sea,” said David Potter, Chief of the Fisheries Sampling Branch in the Northeast Region. “The National Marine Fisheries Service is committed to increasing vessel safety for fishery observers and fishers and instituted new requirements when carrying an observer in 2006. These safety requirements are not new to the industry; they are based on existing United States Coast Guard regulations.”

The operator has 30 days to request a hearing before an Administrative Law Judge.

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

In 2007 NOAA, an agency of the U.S. Commerce Department, celebrates 200 years of science and service to the nation. Starting with the establishment of the U.S. Coast and Geodetic Survey in 1807 by Thomas Jefferson much of America's scientific heritage is rooted in NOAA. The agency is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and information service delivery for transportation, and by 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 its federal partners and more than 60 countries to develop a global monitoring network that is as integrated as the planet it observes.

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