Feds report three fisheries enforcement actions

NOAA's Office of General Counsel reports these cases charged in November:

• F/V Jennifer Lee — Owner Jennifer Lee Inc. and operator Adam Lee Swanson were charged jointly and severally under the Northern Pacific Halibut Act with failing to return halibut discards to the sea with a minimum of injury. An $8,800 NOVA (notice of violation and assessment) was issued.

• F/V New Venture — Owner New Venture Fisheries LLC and operator Peter T. Wilson Jr. were charged jointly and severally under the Magnuson-Stevens Fishery Conservation and Management Act with fishing for Pacific cod in violation of an inseason action, closure or adjustment. $5,031 in seized proceeds were forfeited by abandonment. A $5,750 NOVA was issued, and the case settled for $5,175.

• F/V Cape Caution — Operator Kerby Glen Mitchell was charged under the Northern Pacific Halibut Act with fishing for halibut in violation of the act's annual management measures. Specifically, he possessed onboard a vessel Pacific halibut that had been filleted, mutilated or otherwise disfigured in any manner. 232 pounds of chunked northern Pacific halibut were forfeited by abandonment. A $2,050 NOVA was issued.

Halibut discards case settles for $39,600

NOAA's Office of General Counsel reports the following case resolution:

• F/V Intrepid — Owner F/V Intrepid LLC and operator Alexey P. Fefelov were charged jointly and severally under the Northern Pacific Halibut Act with failing to return halibut discards to the sea with a minimum of injury. A $49,500 NOVA (notice of violation and assessment) was issued, and the case settled for $39,600.

$49,500 penalty issued in halibut discards case

The NOAA Office of General Counsel reports the following case charged in June:

• F/V Intrepid — Owner F/V Intrepid LLC and operator Alexey P. Fefelov were charged jointly and severally under the Northern Pacific Halibut Act with failing to return halibut discards to the sea with a minimum of injury. A $49,500 NOVA (notice of violation and assessment) was issued.

Feds report a number of enforcement actions

The NOAA Office of General Counsel reports the following Alaska cases charged in May:

• F/V American Dynasty — Medic Daniel Craig Azcarate was charged under the Magnuson-Stevens Fishery Conservation and Management Act with sexually harassing a female fisheries observer. A $36,000 NOVA (notice of violation and assessment) was issued.

• F/V Alaska Beauty — Owner Jireh Fisheries LLC and operator Curtis Waters were charged jointly and severally under the Magnuson-Stevens Act with directed fishing for pollock in an area closed to directed fishing. A $9,249 NOVA was issued, and the case settled for $9,141.50.

• F/V St. Nicholas — Operator Michael Walter Lasiter was charged under the Northern Pacific Halibut Act with fishing for halibut in violation of the annual management measures by possessing onboard a vessel Pacific halibut that has been filleted, mutilated, or otherwise disfigured in any manner. A $8,000 NOVA was issued. The NOVA became a final administrative decision due to default.

Feds bring charges in two halibut cases

The NOAA Office of General Counsel reports two Alaska cases charged in February:

• F/V Miss Linda — Owner/operator Aaron Sutton was charged under the Northern Pacific Halibut Act with failing to return undersized halibut to the sea with a minimum of injury. A $4,400 NOVA (notice of violation and assessment) was issued.

• F/V Vigor — Owner/operator Jarl Gustafson and IFQ permit holder Thomas W. Hoffman were charged jointly and severally under the Northern Pacific Halibut Act with IFQ permit holder's failure to be aboard the vessel at all times during the fishing trip. The proceeds ($2,717.18) of the violation were forfeited by abandonment. A $1,000 NOVA was issued, and the case settled for $900.

Halibut seized at Homer

Details in this news release from the U.S. Coast Guard.

900 pounds of halibut seized

From the Alaska State Troopers:

Location: Sitka
Type: Sportfishing violations

On 8/12/22 at approximately 1730 hours, the Alaska Wildlife Troopers contacted the commercial fishing tender Alaska Chieftain. Investigation revealed multiple sportfishing violations. Approximately 900 pounds of halibut was seized and vessel captain Kapp Fredrick, 52, of Washington, was given a summons to appear in the Sitka court. Crewmember Jason Lang, 44, of Washington, was cited for unlawful possession of two yelloweye rockfish. Crewmember Patrick Stewart, 55, of Florida, was issued a citation for unlawful sportfish gear. Crewmember Andrew Wegmann, 29, of Los Angeles, was issued a citation for unlawful sportfishing gear.

Fisherman charged with salmon, halibut violations

From the Alaska State Troopers:

Location: Sitka
Type: Multiple violations

On 7/10/22 Alaska Wildlife Troopers observed an offload of commercial salmon from the F/V Charity to a local processor. Investigation revealed a disfigured, suspected undersized king salmon and a small halibut onboard the vessel after the offload. Permit holder Jordan D. Lewis, 29, of Washington, was cited for retaining halibut on commercial gear in violation of IPHC regulations, mutilating or disfiguring a king salmon in a manner to prevent size determination, and failing to have photo identification available.

Halibut fisherman arrested at Naknek

From the Alaska State Troopers:

Location: Naknek

Type: Warrant arrest

On 6/12/21 at approximately 0946 hours, Alaska Wildlife Troopers based in King Salmon contacted Dan Pauk, 62, of Manokotak, during a commercial halibut delivery in Naknek. Pauk had an outstanding warrant for failure to appear on the original charge of seasons and bag limits for moose issued through the Dillingham court. Pauk was arrested and remanded for the warrant with bail set at $150 cash.

Sablefish, halibut fisherman hit with $78K penalty

This federal report to the North Pacific Fishery Management Council includes this enforcement action, among others:

F/V Anita — Owner F/V Anita LLC and operator Jay Gillman were charged jointly and severally under the Magnuson-Stevens Act and the Northern Pacific Halibut Act with unlawfully discarding IFQ sablefish and IFQ halibut, failing to report discards, failing to retrieve gear in a timely manner, and failing to register an IFQ fishing trip in the Observer Deploy and Declare System. A $78,250 notice of violation and assessment was issued.

Halibut captain lacked CFEC permit, troopers say

From the Alaska State Troopers:

Location: Juneau
Type: No CFEC permit

On 3/11/21 Alaska Wildlife Troopers were notified by NOAA Office of Law Enforcement that during a routine boarding of the F/V Evening Star during an IFQ offload of halibut, they had discovered the captain and permit holder, John Bruce, 45, of Poulsbo, Wash., had failed to obtain a 2021 Commercial Fisheries Entry Commission permit enabling him to land or possess commercially taken fish in Alaska waters. Troopers met with NOAA and Bruce in Juneau and issued him a summons for failing to obtain a CFEC permit prior to fishing.

Troopers cite another Southeast Alaska crabber

From the Alaska State Troopers:

Location: Juneau
Type: Possess undersized crab

On 2/22/21 Alaska Wildlife Troopers contacted Daniel Zeik, 54, of Juneau, captain and permit holder on the F/V Blueback, during a routine offload inspection. Investigation revealed Zeik was in possession of undersized commercially taken Tanner crabs. Further investigation revealed Zeik was in possession of sport-caught halibut while also possessing commercial product which was destined for sale. Zeik was issued two citations for the violations.

Metlakatla halibut fisherman charged

From the Alaska State Troopers:

Location: Ketchikan
Type: No permit, unlawful possession
On 10/10/13 Alaska Wildlife Troopers, Ketchikan Post, cited Jimmie Lynch, 36, of Metlakatla, for operating longline gear in Alaska waters without a valid Commercial Fisheries Entry Commission permit, and illegally possessing commercially taken halibut. The charges require a mandatory appearance in Ketchikan District Court.

Charter crewman charged with keeping halibut

From the Alaska State Troopers:

Location: Clover Bay, Prince of Wales Island
Type: Fish and game violations
On 9/13/13 Alaska Wildlife Troopers, Ketchikan Post, filed formal charges against Austin S. Duckworth, 20, of Ketchikan, for working as a crewmember on a sportfish charter vessel and illegally retaining sport-caught halibut. In addition, Duckworth was charged for feeding black bears intentionally. He has a mandatory court appearance on 9/30/13 in Craig District Court.

Troopers deal citations around Southeast Alaska

From the Alaska State Troopers:

Location: Juneau
Type: Commercial fish closed area
On 6/24/13 Alaska Wildlife Troopers in Juneau cited David Williams, 43, of Juneau, for operating a commercial drift gillnet in closed waters in District 11A. Arraignment set for 7/10/13 in Juneau District Court.

Location: Juneau
Type: Commercial fish closed area
On 6/24/13 Alaska Wildlife Troopers, Juneau Post, issued Jonathan T. Pavlik, 31, of Yakutat, a summons for commercial fishing in a closed area. Arraignment set for 7/10/13 in Juneau District Court.

Location: Hoonah
Type: Commercial fish closed area
On 6/26/13 Brian R. Vaughn, 50, of Juneau, was served a summons charging him with commercial fishing during a closed season. Vaughn was commercial drift gillnet fishing onboard the F/V Kiksadi in the closed waters of District 11A. Arraignment set for 7/10/13 in Juneau District Court.

Location: Sitka
Type: Unlawful possession
On 6/28/13 Alaska Wildlife Troopers contacted David Castle, 46, of Sitka, captain of the F/V Eyak, a tender participating in the commercial troll fishery, after receiving a report that he had bought a king salmon under 28 inches in length from a troller. Investigation revealed that Castle had been in possession of an undersized king salmon. The salmon was seized and Castle was cited.

Location: Ketchikan
Type: Halibut permit
On 6/30/13 Alaska Wildlife Troopers, Ketchikan Post, cited John Nelson, 34, of Metlakatla, for operating commercial halibut longline gear and possessing commercially caught halibut without a Commercial Fisheries Entry Commission permit. A mandatory court appearance was set for 7/25/13 in Ketchikan District Court.

Location: Juneau
Type: Commercial fish closed period
On 7/3/13 Travis A. Bangs, 19, of Wrangell, was cited for operating a commercial gillnet during a closed period in District 15C north of Juneau. Troopers in a state aircraft observed the F/V Silver K deploying its gillnet prior to the commercial opening on June 30. Arraignment set for 7/10/13 in Juneau District Court.

Halibut fisherman lacked permit, troopers say

From the Alaska State Troopers:

Location: Ketchikan
Type: Halibut permit
On 6/1/13 Alaska Wildlife Troopers, Ketchikan Post, cited James Caspersen, 57, of Metlakatla, for commercial fishing for halibut without a Commercial Fisheries Entry Commission permit, and for possessing approximately 800 pounds of halibut without having a permit. Caspersen was given a summons to appear on 6/18/13 in Ketchikan District Court.

Halibut fisherman lacked permit, troopers say

From the Alaska State Troopers:

Location: Ketchikan
Type: No halibut permit
On 5/3/13 Alaska Wildlife Troopers, Ketchikan Post, cited Chevalier Cook, 29, of Ketchikan, for operating commercial halibut gear in state waters without a Commercial Fisheries Entry Commission interim use permit, and for illegally possessing commercially taken halibut. A mandatory court appearance was set for 5/21/13 in Ketchikan District Court.

Two fisheries convictions notched at Ketchikan

From the Alaska State Troopers:

Location: Ketchikan
Type: Conviction
On 2/8/13 James Scudero Jr., 34, of Ketchikan, pled guilty to operating halibut longline gear without a valid Commercial Fisheries Entry Commission permit. He also pled guilty to attempted tampering with physical evidence. Scudero's sentence included fines totaling $2,400, jail time of 60 days suspended, and 18 months of probation.

Location: Ketchikan
Type: Conviction
On 2/13/13 Thomas George, 57, of Klawock, was found guilty of possessing commercial hand troll gear aboard his power troll vessel. George was fined $2,000 and placed on probation for 12 months.

NOAA discloses halibut enforcement cases

These items are taken from a NOAA fisheries enforcement report to the International Pacific Halibut Commission.

• A $64,260 NOVA (notice of violation and assessment) was issued to Brian Kandoll, the operator of the F/V Providence, for harvesting 10,344 pounds of halibut in Area 3A and reporting that he harvested that halibut from Area 3B in 2011.

• Nikolai Yakunin was ordered to pay a fine of $3,000 and placed on three years of probation and Kristjansson Laxfoss was ordered to pay a fine of $2,000 and placed on two years of probation for their roles in retaining, processing and transporting halibut with the C/P Lady Gundy and the F/V Wonder Worker without the proper permits.

• A $19,750 NOVA was issued to Christopher Dutton and Aquatic Edge Expeditions for operating a vessel in Area 2C with one or more charter vessel anglers onboard that caught and retained halibut without an original charter halibut permit onboard in August of 2011. The NOVA also included one count of possessing halibut that had been cut into pieces smaller than allowed by regulations.

• A $30,300 NOVA was issued to Sidney Bouschour for operating a vessel in Area 3A with one or more charter vessel anglers onboard that caught and retained halibut without an original charter halibut permit onboard in August of 2011.

Hankins draws probation, $100,000 in penalties

From the U.S. attorney's office in Anchorage:

Nov. 15, 2012

Oregon man sentenced for commercial fishing crimes

ANCHORAGE — U.S. Attorney Karen L. Loeffler announced today that an Oregon man was sentenced in federal court in Anchorage for two counts of falsely reporting where he caught 31,000 pounds of halibut that he sold in Kodiak in 2007.

Freddie Joe Hankins, 47, of Cove, Ore., was sentenced on Nov. 8 by U.S. District Court Judge H. Russel Holland to fines totaling $25,000, a community service payment of $75,000, and three years of probation on the condition that all his fishing activities be recorded by an onboard electronic vessel monitoring system.

The sentence also requires Hankins to publish in National Fisherman magazine a statement acknowledging his wrongdoing in this case.

According to Assistant U.S. Attorney Stephen Cooper, the evidence established that Hankins had caught the halibut in an area where it was illegal for him to fish under the individual fishing quota system, and that he falsely stated in his landing reports that he caught the fish in another more distant but legal area.

Arne Fuglvog, former fisheries aide to U.S. Sen. Lisa Murkowski, who served a prison term for his fisheries conviction, testified at the Hankins trial that he had fished with Hankins, and that Hankins had previously made similar false landing reports claiming he caught his fish in the more distant but legal area when in fact he caught them in the area closer to port where the fishing was better but where it was illegal for him to fish.

Evidence also showed Hankins was convicted in state court in 2007 for falsifying a landing report to conceal the fact that he had exceeded the allowable bycatch of rockfish.

When sentencing Hankins, Holland found that Hankins had knowingly testified falsely at his trial when he denied he falsified the landing reports, and that this testimony amounted to perjury. The judge found further that Hankins was still "in a state of denial" about having committed the crimes for which the jury convicted him.

Loeffler commends the Office of Law Enforcement of the National Oceanic and Atmospheric Administration for the investigation of this case.