NOAA Precedents in NE have led to Compete Revocation of All Permits in Major Fisheries Fraud Cases
SEAFOODNEWS.COM by John Sackton October 20, 2017
What happens next with Carlos Rafael’s fishing permits for all 13 vessels, including those that were not forfeited under the courts order, will be determined in a civil proceeding by NOAA with an administrative law judge.
The criminal proceeding led to forfeit of 34 permits. NOAA will have to address what will be done with these. But the remaining nine vessels owned by Rafael have dozens, perhaps over 100 individual fishing permits. If NOAA revokes these permits in an administrative proceeding, the value of the vessels themselves will fall substantially.
Prior precedent, and a full review of NOAA enforcement actions in 2012 by a Special Master, Charles Swartwood, suggests that NOAA is fully entitled to permanently revoke all fishing permits associated with the 13 vessels where Carlos Rafael has pled guilty to deliberately falsifying catch records.
Prior to Rafael, the largest fisheries fraud case in New England involved James and Peter Spalt....
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