Decision  In the Matter of Thong Le and Coastal Commercial Lobster Permit No. 6140 with All Regulated Fishery Permit Endorsements

Date:	08/19/2013
Organization:	Division of Marine Fisheries
Docket Number:	CLP-6140-13-DM

• Petitioner: Daniel McKiernan, Agency Representative
• Respondent: Thong Le
• Presiding Officer: David C. Hoover

Matter involved violations of state laws and regulations addressing inspection by the Massachusetts Environmental Police, lobster conservation and management regulations, protected species regulations to protect right whales, and permitting requirements. This included: (1) failure to provide the Massachusetts Environmental Police safe boarding to conduct an inspection; (2) violations of minimum carapace size limits; (3) possession of female v-notched lobsters; (4) possession of female lobsters with a mutilated v-notch; (5) failure to display buoy colors on vessel; (6) fishing positively buoyant groundline; and (6) failure to display commercial fishing permit. The Final Agency Action resulted in the revocation of Le's Commercial Coastal Lobster Permit. 

Key Terms: Undersized lobsters; v-notch lobsters; mutilated v-notch lobsters; protected species; Atlantic Large Whale Take Reduction Plan; buoyant groundline; prior violations; display of lobster buoy colors; marking lobster cars; non-cooperation with Law Enforcement.