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

FOR IMMEDIATE RELEASE
July 14th, 2005

NOAA PENALIZES VESSEL OPERATORS FOR VIOLATING VARIOUS FEDERAL MARINE MAMMAL PROTECTION LAWS

The National Oceanic and Atmospheric Administration assessed civil penalties totaling $7,500 against two fishing vessel owner/operators and a commercial whale watch boat, for failing to comply with federal regulations designed to protect marine species, in particular, the endangered Northern right whale.

“Safer gear and safe approach protocols are effective protections for these rare whales, but not if people don't use them,” said Assistant Regional Administrator for Protected Resources Mary Colligan, NOAA Fisheries – Northeast Region.

The following individuals have been charged by NOAA’s Office of General Counsel for Enforcement and Litigation in Notices of Violation and Assessment (NOVA).

Gillnet FV Chutzpah, owner/operator Jeremy Davis of Kittery, ME, was assessed a $2,000 penalty for fishing with gillnet gear that did not comply with whale gear modification provisions. Davis is charged with violating the Marine Mammal Protection Act (MMPA).

Lobster FV Holy Mackerel, owner/operator Mark Davis of Rockport, MA, was assessed a $2,000 penalty for fishing with non-compliant lobster gear in a Dynamic Area Management (DAM) Zone. Davis is charged with violating of the MMPA and the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA).

Marine commercial entertainment company Capt. John Boats, Inc., owner of MV Capt John & Sons IV, and operator Sean Baker of Plymouth, MA, were assessed a $3,500 penalty for failing to comply with right whale avoidance measures by unlawfully approaching within 500 yards of a right whale and failing to immediately leave the area. Capt. John Boats, Inc. and Baker are charged with violating of the Endangered Species Act (ESA).

The owner/operators of the vessels have 30 days from the time of the issuance of the NOVA to request a hearing before an Administrative Law Judge to contest the charges.

The MMPA of 1972 protects dolphins, whales, seals, sea lions and all species of marine mammals. Under the MMPA it is illegal to harass, pursue, hunt, capture or kill marine mammals in the wild.

The ESA of 1973 provides for the conservation of the endangered and threatened species of wildlife and plants.

The ACFCMA requires coastal fishery management plans to promote interstate conservation and management of Atlantic coastal fishery recourses.

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

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.