Charter Vessels
Michael Bonner (a former boat builder) and Gerald E. Andrews Jr. (a commercial fisherman) were each sentenced to three years of probation and fined $25,000.00 and $40,000.00, respectively, for making false documents and writings in an attempt to violate a moratorium on charter vessel permits under the Magnuson-Stevens Fishery Conservation and Management Act.
Both pleaded guilty to one misdemeanor count each.
In November 2003, the Magnuson Act placed a moratorium on charter vessel/headboat permits for Gulf coastal migratory ocean-going fish and Gulf reef fish in an effort to address concerns regarding over-fishing and declining fish stocks. The regulation requires that only individuals who could provide the National Marine Fisheries Service with documentation verifying that, prior to March 29, 2001, a charter vessel or headboat was under construction and that at least $5,000.00 had been spent towards construction as of that date, are eligible for the permit.
Bonner and Andrews agreed in two separate contracts that Bonner would build Andrews two 65-foot commercial fishing vessels. The NMFS sales agreements were signed and dated March 2, 2001, for both boats, when in fact the agreements were actually signed on or about May 1, 2003 (in an apparent attempt to secure charter fishing permits prior to the moratorium’s going into effect in September 2003).
The moratorium created a demand for the permits since they were not available to all charter boat owners. If you did not meet the deadline of March 2001, you would have to purchase a permit valued up to approximately $50,000 from another boat owner.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii