Flow scale, observer case settles

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

• F/V Baranof — Owner Romanzof Fishing Co. LLC and operators Dennis McKibbin, Reynaldo Rubalcava and James Patrick Sjodin were charged jointly and severally under the Magnuson-Stevens Fishery Conservation and Management Act in Count 1 with failing to comply with flow scale testing requirements. Romanzof Fishing Co., McKibbin, Rubalcava, Sjodin and crewman Ryan Fuller were charged under the Magnuson-Stevens Act in Count 2 with prohibiting or barring, by refusal of reasonable assistance, an observer from collecting samples or otherwise performing their duties. A $33,500 NOVA (notice of violation and assessment) was issued, and the case settled for a total of $26,775. All respondents in Count 1 settled. For Count 2, Romanzof Fishing Co. and McKibbin, Rubalcava and Sjodin settled. The case defaulted against Fuller. A second crewman also was charged in Count 2 but has not yet been served.

Multiple alleged violations draw $53,000 penalty

NOAA's Office of General Counsel reports the following case charged in January:

• C/P North Star — Owner North Star Vessel LLC and operators Joshua G. Buchan, Keith Pendleton and purser Harry Smiley were charged jointly and severally under the Magnuson-Stevens Fishery Conservation and Management Act, Marine Mammal Protection Act and the Northern Pacific Halibut Act with failing to comply with the requirements for halibut deck sorting, failing to comply with catch weighing and flow scale requirements, failing to retain video monitoring data for 120 days after the date the video was recorded, failing to return prohibited species to the sea immediately and with a minimum of injury, prohibiting or barring by refusal of reasonable assistance an observer from collecting samples or otherwise performing their duties, intimidating or interfering with an observer, discarding catch, or discarding an observer's collected samples. A $53,000 NOVA (notice of violation and assessment) was issued.

Penalties issued in two federal enforcement cases

NOAA's Office of General Counsel reports the following cases charged recently:

• F/V Baranof — Owner Romanzof Fishing Co. LLC and operator Reynaldo Rubalcava were charged jointly and severally under the Magnuson-Stevens Fishery Conservation and Management Act with failing to maintain a current NMFS-approved flow scale and video monitoring system for Pacific cod. A $15,176 NOVA (notice of violation and assessment) was issued.

• F/V Northern Endurance — Owner F/V Northern Endurance LLC and operator Michael McKee II were charged jointly and severally under the Magnuson-Stevens Act for discarding IFQ sablefish and rockfish, failing to report discards, and failing to submit Daily Fishing Log sheets to OLE. A $16,500 NOVA was issued.