U.S. District Court for the NMI Chief Judge Alex Munson on Tuesday dismissed the case after the parties entered into a consent decree to fully resolve the matter.
Assistant U.S. Attorney Mikel W. Schwab represented the federal government.
The vessel’s owner Wen Te Lee concurred with the consent decree stipulated on Sept. 11.
A complaint was filed againt Te Hung Fa, represented by its owner Lee, by the U.S. government on behalf of the National Oceanic and Atmospheric Administration’s Office of Law Enforcement and the U.S. Department of Justice.
According to the consent decree, the “defendant and owner consent to the condemnation and forfeiture of the amount of $500,000 for the use and benefit of the United States of America.”
Three years have been set for the enforcement of the provisions of the consent decree.
Lee admitted that his vessel “committed a violation of the Magnuson-Stevens Fishery Conservation and Management Act,” specifically fishing in the U.S. EEZ without a permit on Aug. 17 and Aug. 27, 2009.
Lee is based in Taiwan.
Upon the filing of the consent decree and an entry of an order dismissing the case, Lee will pay $200,000.
The remaining $300,000 will be paid at the conclusion of three years.
If Lee fails to settle within the three-year period, the balance of $300,000 will be due and owing.
Lee was a ordered to comply with the vessel monitoring system that “shall be installed and operated continuously by [Lee] within 60 days from the signing of the consent decree.”
The U.S. government and Lee “understand that NOOA and the United States Coast Guard will be provided with ‘near real-time access’ to the vessel’s…tracking information in all areas of its fishing operation for a period not to exceed three years.”
The consent decree stated that the U.S. government, upon payment of the monetary fine amount submitted by Lee and the filing of the consent decree, “shall release defendant and owner from all further liability to the United States for any alleged violation” of the Magnuson-Stevens Fishery Conservation and Management Act.
