Case 3:11-mj-00205-DMS Document 1-2

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Case Number: 3:11 mj 00205 OMS

AFFIDAVIT 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 this investigation, my experience and training, and information obtained from other law enforcement personnel 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 and federally managed species of fish and wildlife. Through my training and experience, I have become 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 laws violated 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 intended to be imported, exported, transported, sold, purchased, or received from any foreign country; or transported in interstate or foreign commerce. Title 16, United States Code, Section 3372(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 imprison~

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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 Fishing Quota (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 and management of these fisheries and to further the objectives of the Magnuson-Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act. Persons holding quota share receive an annual allocation of IFQ. Persons receiving an annual allocation of IFQ are authorized to harvest IFQ species within specified limitations. Further information on the implementation of the IFQ Program, and the rationale supporting it, are contained in the preamble 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 the three 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 such regulatory areas and subareas, except waters of Prince William Sound and areas in which sablefish fishing is managed under a State of Alaska limited entry program (see Figure 14 to this part), 50 C.F.R. 679.2. 10. IFQ sablefish means any sablefish that is harvested with fixed gear, either in the Exclusive Economic 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 Alaska limited 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 be harvested 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 harvested fish is offloaded from a commercial fishing vessel to a business entity that may process, distribute or sell the fish in a wholesale or retail marketplace. A landing is the point at which State and Federal agencies managing a particular commercial fishery obtain a record of the harvest generally to be used for adaptive management and tax assessment. IFQ landing means the unloading or transferring of any IFQ halibut, COQ halibut, IFQ sablefish, or products thereof from the 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 prod ucts thereof, 50 c.F. R. 679.2. NOAA has jUriSdiC~

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over the management and enforcement of alllFQ landings. NOAA relies on landing reports to manage the IFQ fisheries. The data contained therein is used for catch accounting and to determine 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. The information 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 (extraction from the resource) and yield from those resources. Biologists use harvest data to assess stock viability and conditions for sustainable yield, while industry uses the information to determine the 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. Fishers benefit from the fish ticket by being able to prove past participation in fisheries for limited entry/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 PROBABLE CAUSE 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 an IFQ sablefish fishing trip in the West Yakutat reporting area of the Gulf of Alaska. During the trip, HANKINS was an IFQ permit holder 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 catch records, 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 ~

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system indicated the Kamilar fished in the West Yakutat sablefish area. State of Alaska fish tickets, IFQ landing reports and the vessels logbook indicate the Kamilar fished in the Central Gulf regulatory area. The fish landed by Hankins was shipped in interstate commerce from Yakutat, Alaska to Seattle, Washington. 18. On April 20, 2007, HANKINS returned from a fishing trip in the West Yakutat reporting area of the Gulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on the Kamilar. HANKINS caught approximately 10,400 pounds of sablefish, with an ex vessel value of approximately $26,164.32. Upon landing, HANKINS falsely reported the sablefish were harvested in the Central Gulf reporting area, instead of West Yakutat. 19. On May 26, 2007, HANKINS returned from a fishing trip in Pacific halibut reporting area 3A in the Gulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on the Kamilar. HANKINS caught 31,113 pounds of halibut with an approximate ex-vessel value of $122,098.85. Upon landing, HANKINS falsely reported the halibut were harvested in area 3B, instead of 3A. 20. On May 31, 2007, HANKINS returned from a fishing trip in Pacific halibut reporting area 3A in the Gulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on the Kamilar. HANKINS caught 18,091 pounds of halibut with an approximate ex-vessel value of $75,556.40. Upon landing, HANKINS falsely reported the halibut were harvested in area 3B, instead of 3A. 21. On July 6, 2009, HANKINS was interviewed by law enforcement agents. At that time HANKINS stated that the IFQ program did not consider historic fishing grounds when an arbitrary line was designated. HANKINS further stated "the fish don't give a damn where the line is." 22. Based on your affiant's training there is probable cause to believe that FREDDIE JOE HANKINS violated 18 U.S.c. 1001 and 2, False Statements; and 16 U.S.c. 3372(d)(2) and 3373(d)(3)(A)(ii), False Record of Fish Sold in Interstate Commerce.

SIGNATURE REDACTED

Sworn to before me and subscribed in my presence this_-"O,,--d-,-'-_,.........:._6_1

\
".....

, 2011.

DATED:

Ocf ~(I 2-011

lSI DEBORAH M. SMITH U.S. MAGISTRATE JUDGE SIGNATURE REDACTED

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MAGISTRATE JUDGE DEBORAH SMITH

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