KODIAK FISHERMAN PAYS SUBSTANTIAL PENALTY FOR FISHERY VIOLATIONS

Philip Twohy, operator and owner of the Fishing Vessel Mar Del Sud, has agreed to pay a civil penalty of $72,365 for fishing violations that occurred on May 22, 2004 in the Alaska halibut and sablefish fishery.

Twohy received a Notice of Violation and Assessment (NOVA) for multiple violations of the Magnuson-Stevens Fisheries Conservation and Management Act, including fishing illegally in an area for which he had no halibut Individual Fishing Quotas and for home-packing unreported halibut fillets.

The commercial harvest of halibut and sablefish is managed under the Individual Fishing Quota program administered by NOAA Fisheries. The IFQ program allocates quotas of these species to qualified permit holders. The permit holders must catch the fish in the area specified and must report all fish caught. NOAA is an agency of the Commerce Department.

According to NOAA’s Office of General Counsel for Enforcement and Litigation – Alaska, Twohy reported that the halibut were caught in IPHC Area 3B even though the fish were caught in a different area 85 miles away. The violation was found by a joint operation of the U.S. Coast Guard and NOAA Fisheries Office for Enforcement.

After the landing, an additional 70 pounds of unreported halibut fillets were found on board the vessel. The fish apparently were intended for personal consumption, known as “homepacks.” Keeping commercially harvested IFQ fish for personal use is permissible if the fish are reported and debited as required by IFQ regulations.

“The IFQ regulations are set up to ensure that quotas are strictly adhered to, and consistency and fairness are maintained for all participants,” said Assistant Special Agent-In-Charge Ken Hansen, NOAA Fisheries OLE – Alaska Division. “This type of illegal activity disrupts the playing field that NOAA Fisheries works to keep fair. Accurate data is important as it is used by the International Pacific Halibut Commission to ensure a healthy halibut fishery.”