| Date: | 07/22/2022 |
|---|---|
| Organization: | Division of Marine Fisheries |
| Docket Number: | CCLP-4928-JS-21 |
- Claimant: Jared A. Silva, Agency Representative
- Respondent: Brian Roche
- Appearance for Respondent: Christopher Perruzzi, Esq., Stephen Oulette, Esq. (Appearance withdrawn)
- Hearing Officer: Mary B. Griffin
Matter involved violations of state laws and regulations addressing inspection by the Massachusetts Environmental Police, protected species regulations to protect endangered right whales, and lobster trawl configurations to prevent gear conflicts and ensure on-the-water safety. This included: (1) failure to provide the Massachusetts Environmental Police safe boarding to conduct an inspection; (2) failure to display a commercial fishing permit; (3) 37 counts of fishing a commercial lobster traps without a valid trap tag affixed to the trap; (4) 17 counts of fishing improperly marked buoy lines; (5) two counts of fishing buoy lines that were not properly rigged with a 1,700-pound breaking strength contrivance; (6) two counts of fishing buoy lines that exceed 3/8" diameter; (7) four counts of fishing lobster trap trawls in excess of the 2,500-foot maximum trawl length; and (8) four counts of fishing lobster trawls whereby the east end of the trawl was not marked by one or more three foot sticks.
The Final Agency Action resulted in the permanently revocation of Roche's Commercial Coastal Lobster Permit and all appurtenant regulated fishery permit endorsements.