Affidavit in support of Freddie Joe Hankins complaint

8/3/2019 Affidavit in support of Freddie Joe Hankins complaint

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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 byNOAA 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 f rom my partic ipation 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 civiland 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, OLEincluding, 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 (Title18, United States Code, Section 1001).

4. Because I am submitting this aff idavit for the limited purpose of charging FREDDIE JOE HANKINSwith violating title 18 United States Code, Section 1001 and Title 16 United States Code, Sections3372(d)(2) and 3373(d)(3)(A)(ii), I have not included each and every fact known to me regardingthis investigation. I am only relying upon the facts set forth herein in reaching my conclusion thatprobable cause exists for the charges in the complaint. I do not request that this Court rely uponany facts not set forth herein when reviewing this affidavit in support of my application for acriminal 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 thesablefish and halibut Individual Fishing Quota (IFQ) fisheries from 2006 and 2007.

RELEVENT CRIMINAL LAW6. 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 ident ification of, any fish, wild life, or plant which has been, or is intendedto be imported, exported, transported, sold, purchased, or received from any foreign country; ortransported 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 personwho 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 ~

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not more than 5 years, or both, if the offense involves the importation or exportation of fish orwildlife or plants; or the sale or purchase, offer of sale or purchase, or commission of an act withintent 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 fo r a person toknowingly and willfully make a materially false, fictitious or fraudulent statement orrepresentation or falsify, conceal or cover up by any trick, scheme or device a material fact withinthe jurisdiction of the executive branch of the Government of the United States.

REGULATORY SCHEME8. 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 IFQProgram. 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 Hal ibut 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 theimplementation 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 of f 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 differentIFQ 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 iden tify a process by which harvestedfish is offloaded from a commercial fishing vessel to a business entity that may process, distributeor 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 fo r 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 IFQha Iibut, CDQ ha libut, IFQ sa bleflsh, or products thereof, 50 c.F.R. 679.2. NOAA has j U r i S d i C ~

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over the management and enforcement of all lFQ 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 federalfisheries 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 orsupply 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 fo r sustainable yield, while industry uses the information to determinethe value of a fishery based on market condit ions. Economists use pricing informat ion to assessthe 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 ofthe fish ticket must be completed prior to submission to the ADF&G.

STATEMENT OF PROBABLE CAUSE14. 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 longlinefishing vessel primarily targeting IFQ Pacific halibut and IFQ sablefish in the Gulf of Alaska. Alongline fishing vessel deploys a baited hook and line gear that is temporarily affixed to the seabottom (at varying depths depending on target species) with an anchor system. The gear is setand retrieved in specific regulatory areas and vessel operators rely on GPS position fixesidentified 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 2006through 2007 and harvested IFQ Pacific halibut and IFQ sablefish onboard the F/V Kamilar duringthe same time frame as an authorized recipient of annual IFQ quota share. HANKINS is 46 yearsof 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 caughtsablefish and halibut during various fishing trips from 2006 - 2007.17. Specifically, on September 4, 2006, HANKINS returned from an IFQ 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 inthe 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 ofapproximately $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 fishtickets, IFQ landing reports and the vessels logbook indicate the Kamilar fished in the Central Gulfregulatory 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 ofthe Gulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on theKamilar. HANKINS caught approximately 10,400 pounds of sablefish, with an ex vessel value ofapproximately $26,164.32. Upon landing, HANKINS falsely reported the sablefish were harvestedin 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 theGulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on theKamilar. 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 theGulf of Alaska. During the trip, HANKINS was an IFQ permit holder and the operator on theKamilar. 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 HANKINSstated that the IFQ program did not consider historic fishing grounds when an arbitrary line wasdesignated. 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 HANKINSviolated 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.\ "... . .lSI DEBORAH M. SMITHU.S. MAGISTRATE JUDGEOcf ~ 2-011 SIGNATURE REDACTEDDATED: I MAGISTRATE JUDGEDEBORAH SMITH

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Affidavit in support of Freddie Joe Hankins complaint