Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Affidavit in support of Freddie Joe Hankins complaint

Affidavit in support of Freddie Joe Hankins complaint

Ratings: (0)|Views: 429 |Likes:
Published by Deckboss

More info:

Categories:Topics, Art & Design
Published by: Deckboss on Dec 15, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/15/2011

pdf

text

original

 
Case Number: 3:11 mj
00205
OMSAFFIDAVIT IN SUPPORT
OF
COMPLAINT
I,
Kevin
G.HECK,
being duly sworn, do depose
and
state the following:
1.
I
am
a Special Agent employed by the
NOAA
Fisheries Office
for
Law
Enforcement (NOAA
OLE),
Alaska
Enforcement Division (Alaska Division)
in
Anchorage, Alaska. I have been employed by
NOAA
OLE
since October 1994, and assigned
to
the Alaska Division since August 1999.
2.
I make this affidavit based, in part, on personal knowledge derived from my participation
in
thisinvestigation, my experience and training,
and
information obtained
from other
law enforcementpersonnel
and
witnesses.
3.
During my seventeen years
of
employment with the
NOAA
OLE,
I have conducted numerous civil
and
criminal investigations involving the unlawful take, transportation and sale
of
state andfederally managed species
of
fish and wildlife. Through my training and experience, I havebecome familiar
with
the laws, regulations and treaties enforced by NOAA Fisheries Service,
OLE
including,
but
not
limited,
to
the
Lacey
Act Amendments
of
1981 (Title 16, United States Code,Sections 3371,
et
seq.,
hereinafter the "Lacey Act"). I
am
also familiar
with
other federal lawsviolated by persons involved in the submission
of
fraudulent statements
in
required records (Title
18,
United States
Code,
Section 1001).
4.
Because
I
am
submitting this affidavit for the limited purpose
of
charging
FREDDIE
JOE
HANKINS
with violating
title
18
United States
Code,
Section 1001
and
Title 16 United States
Code,
Sections3372(d)(2)
and
3373(d)(3)(A)(ii), I have not included each
and
every fact known
to
me regardingthis investigation. I am only relying upon the facts set forth herein in reaching my conclusion
that
probable
cause
exists
for
the charges in the complaint. I do
not
request
that
this Court rely uponany facts
not
set forth herein when reviewing this affidavit
in
support
of
my application
for
acriminal complaint.
5.
In
2009, the
Alaska
Division
of
NOAA
OLE
received information
that
FREDDIE
JOE
HANKINS,
operator and permit holder on the Fishing
Vessel
Kamilar, falsified landing reports
in
both
the
sablefish and halibut Individual Fishing Quota
(IFQ)
fisheries from 2006 and 2007.
RELEVENT
CRIMINAL
LAW
6.
NOAA
OLE
has
jurisdiction
to
enforce the
Lacey
Act, Title
16,
United States Code, Section 3371 et.
seq. The Lacey
Act makes
it
unlawful
for
any person
to
make
or submit
any false record, account,
or
label for, or any false identification of, any fish, wildlife,
or
plant which
has
been,
or
is
intendedto
be
imported, exported, transported, sold, purchased,
or
received from any foreign country;
or
transported
in
interstate
or
foreign commerce. Title 16, United States
Code,
Section3372(d)(1-2). Criminal penalties are provided
for
violations
of
the
Lacey
Act
in
which any person
who knowingly
viol'tes
section 3372 (d)
of
this titie sh,U
be
fined under
titie
18
or
i m p r i s o n ~
 
OCT
31
lUll
Case 3:11-mj-00205-DMS Document 1-2 Filed 10/31/11 Page 1 of 4
 
not
more than 5 years,
or
both,
if
the offense involves the
importation or
exportation
of
fish
or
wildlife
or
plants; or the sale
or
purchase,
offer
of
sale
or
purchase,
or
commission
of
an
act
with
intent
to
sell
or
purchase fish
or
wildlife
or
plants with a market value greater than $350 (Title 16,United States
Code,
Section 3373 (d)(3)(A)).
7.
False
Statements -Title 18 United States Code Section 1001(a) makes
it
unlawful
for
a person
to
knowingly and willfully make a materially false, fictitious
or
fraudulent statement
or
representation
or
falsify, conceal
or
cover up by any trick, scheme
or
device a material fact
within
the jurisdiction
of
the executive branch
of
the Government
of
the
United States.
REGULATORY
SCHEME
8.
Beginning
in
1995, fishing
for
Pacific halibut and sablefish
with
fixed gear in the Individual FishingQuota
(IFQ)
regulatory areas defined in 50
C.F.R.§
679.2
has
been managed under the
IFQ
Program.
The
IFQ
Program
is
a regulatory regime designed
to
promote
the conservation andmanagement
of
these fisheries and
to
further
the objectives
of
the
Magnuson-Stevens FisheryConservation and Management Act and the Northern Pacific Halibut Act. Persons holding quotashare receive
an
annual allocation
of
IFQ.
Persons receiving
an
annual allocation
of
IFQ
areauthorized to harvest
IFQ
species
within
specified limitations. Further information on
the
implementation
of
the
IFQ
Program, and the rationale supporting it, are contained
in
thepreamble
to
the final rule implementing the
IFQ
Program published
in
the Federal Register,November
9,
1993 (58
FR
59375) and subsequent amendments.
See,
50
C.F.R.
679, SubPart
O.
9.
The
IFQ
sablefish fishery
is
managed by regulatory area. The regulatory areas are any
of
thethree regulatory areas in the Gulf
of
Alaska and any subarea
of the
Bering
Sea
Aleutian Islands,and all waters
of
the State
of
Alaska between the shore and
the
inshore boundary
of
suchregulatory areas and subareas, except waters
of
Prince William Sound and areas in whichsablefish fishing
is
managed under a State
of
Alaska limited
entry
program (see Figure 14
to
thispart),
50
C.F.R.
679.2.10.
IFQ
sablefish means any sablefish
that
is
harvested
with
fixed gear,
either
in the ExclusiveEconomic Zone
off
Alaska
or
in waters
of
the State
of
Alaska, by persons holding
an IFQ
permit,but does not include sablefish harvested
in
Prince William Sound
or
under
a State
of
Alaskalimited entry program, 50
C.F.R.
679.2.
11.
The quota
(QS)
share
or
IFQ
specified
for
one
IFQ
regulatory area must
not
be
used in a
different
IFQ
regulatory area, except all
or
part
of
the
QS
and
IFQ
specified
for
regulatory area
4C
may beharvested in either Area
4C
or
Area
40,50
C.F.R.
679.42.
12.The
term
"landings"
is
a standard seafood industry term
to
identify a process by which harvestedfish
is
offloaded from a commercial fishing vessel
to
a business
entitythat
may process, distribute
or
sell the fish in a wholesale
or
retail marketplace. A landing
is
the point at
which State andFederal agencies managing a particular commercial fishery obtain a record
of
the harvestgenerally
to
be
used
for
adaptive management and tax assessment.
IFQ
landing means theunloading
or
transferring
of
any
IFQ
halibut,
COQ
halibut,
IFQ
sablefish,
or
products
thereof
fromthe vessel
that
harvested such fish
or
the
removal from the
water of
a vessel containing
IFQ
ha
Ii
but,
CDQ
ha
libut,
IFQ
sa
bleflsh,
or
productsthereof, 50
c.F.
R.
679.2. NOAA
has
j U r i S d i C ~
 
DCT
31
lUll
Case 3:11-mj-00205-DMS Document 1-2 Filed 10/31/11 Page 2 of 4
 
over the management and enforcement
of
alllFQ landings.
NOAA
relies on landing reports tomanage the
IFQ
fisheries. The data contained therein
is
used
for
catch accounting and todetermine how much fish was caught
in
each area.13.
Alaska
fish tickets
are
forms
used
to document the landing, harvest,
and
sale
of
state
and
federalfisheries resources. The fish ticket
is
considered a legal document
and
requires the signature
of
the permit holder (vessel operator) and the receiver (buyer). Selected Alaska Statute,
Sec.
/16.05.690
(b)
states: A person may not knowingly enter false information on a fish ticket
or
supply false information to a person who
is
recording information on a fish ticket. Theinformation recorded on
ADF&G
fish tickets
is
used by fisheries managers, biologists, industry,economists and
NOAA.
Managers
use
the information
as
a guide
to
harvest activities (extractionfrom the resource) and yield from those resources. Biologists
use
harvest data
to
assess
stockviability
and
conditions
for
sustainable yield, while industry
uses
the information
to
determinethe value
of
a fishery based on market conditions. Economists
use
pricing information to
assess
the value
of
a fishery and economic effects
to
communities
and
users
of
the
resource. Fishersbenefit from the fish ticket by being able to prove past participation in fisheries for limitedentry/moratorium/quota allocation programs,
if
and when they arise. All required elements
of
the fish ticket must be completed prior
to
submission
to
the
ADF&G.
STATEMENT
OF
PROBABLECAUSE
14.
The
F/V
Kamilar
is
owned
by
Kamilar, Incorporated, at 981
Mitkof
Highway, Petersburg,
AK
99833
and
is
registered
as
a 57 foot, steel hull commercial fishing vessel
with
the State
of
Alaska,Department
of
Fish
and Game
(ADF&G
permit 41089). The F/V Kamilar
is
operated
as
a longlinefishing vessel primarily targeting
IFQ
Pacific halibut and
IFQ
sablefish
in
the
Gulf
of
Alaska. Alongline fishing
vessel
deploys a baited hook and line gear
that
is
temporarily affixed
to
the
sea
bottom (at varying depths depending on target species)
with
an
anchor system.
The
gear
is
set
and
retrieved in specific regulatory areas and vessel operators rely on
GPS
position fixesidentified on electronic plotting software (eg. Nobeltec,
ECC
Globe) to locate gear.15.
HANKINS
is
a resident
of
Cove,
Oregon and
is
the current owner/operator
of
the F/V
Lisa
Gayle
(USCG
960616).
HANKINS
was
an IFQ
permit holder on the F/V Kamilar from at least 2006through 2007 and harvested
IFQ
Pacific halibut and
IFQ
sablefish onboard
the
F/V
Kamilar duringthe
same
time frame
as
an
authorized recipient
of
annual
IFQ
quota share.
HANKINS
is
46 years
of
age.
16. According to the Kamilar's vessel computer, State
of
Alaska
fish tickets,
IFQ
landing reports,
vessel
logs and witness interviews,
HANKINS
falsified landing reports regarding where
he
caughtsablefish
and
halibut during various fishing trips from 2006 -2007.17. Specifically, on September 4, 2006,
HANKINS
returned from
anIFQ
sablefish fishing
trip
in theWest Yakutat reporting area
of
the Gulf
of
Alaska. During the trip,
HANKINS
was
an
IFQ
permitholder on the Kamilar. Upon landing,
HANKINS
falsely reported the sablefish were harvested
in
the Central Gulf reporting area, instead
of
West Yakutat. According to state and federal catchrecords,
HANKINS
harvested 6,306 pounds
of
IFQ
sablefish,
with
an
ex-vessel value
of
approximately $32,532.95. Fishing positions obtained from the Kamilars onboard computer
~
 
OCT
31
ZUll
Case 3:11-mj-00205-DMS Document 1-2 Filed 10/31/11 Page 3 of 4

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->