Philip Twohy, operator of the Fishing Vessel Mar Del Sud, agreed to pay a civil penalty of $72,365 for fishing violations that occurred May 22, 2003, in the Alaska halibut and sablefish fishery.

Part of the settlement, $13,032, was based on the value of the fish Twohy landed at the time of the report, said NOAA Fisheries assistant special agent-in-charge Ken Hansen.

“The balance was an additional penalty based on penalty guidelines for two or three different types of violations that were part and parcel of that violation,” Hansen said, adding violations included failing to report some filleted halibut and creating a fraudulent logbook.

Twohy received a Notice of Violation and Assessment 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 (IFQ) and for home-packing unreported halibut fillets.

The commercial harvest of halibut and sablefish is managed under the IFQ 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.

According to NOAA’s Office of General Counsel for Enforcement and Litigation - Alaska, Twohy reported the halibut were caught in the International Pacific Halibut Commission (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.

“We boarded the boat and did an investigation and things didn’t add up,” Hansen said.

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,” Hansen said. “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 IPHC to ensure a healthy halibut fishery.”