NEW BEDFORD - NOAA released its civil action document that aims to revoke 38 fishing permits and two captain operating permits and impose nearly $1 million in fines on the Carlos Rafael, serving time in federal prison.

In the document released Thursday night, Manuel Pereira and Carlos Pereira were named as the vessel captains. Manuel Pereira captained fishing vessel Ilha Brava. Carlos Pereira captained fishing vessels Vila Nova Do Corvo II and Acores.


Attempts by The Standard-Times to contact each captain were unsuccessful Thursday night. John Markey of Moses Smith Markey & Walsh is listed as the attorney. Markey didn’t immediately return a request for comment.

The charging documents were sent to those involved Wednesday. It seeks to strip Rafael of 38 fishing permits, his dealer permit for Carlos Seafood Inc. and deny him any future permits issued by NOAA. The agency also seeks to impose $983,528 in penalties and revoke the operator permits of two captains.

The documents cite 11 incidents where the vessels mentioned didn’t properly report scallop landings in January and September 2013. The largest discrepancies were about 11,000 pounds.

The documents also lists the 38 fishing permits NOAA seeks to revoke and the accompanying vessels. In the 35 allegations, 19 pertain to the criminal case and the vessels linked to Rafael’s illegal behavior.

The new vessels listed include 2009 Joko Jamie Leigh, Skiff/Viola and Cowboy relating to misreported yellowtail flounder.

Regarding misreported scallops fishing vessels, Drake, Edward L Moore, Hera II, Sasha Lee, Resolute, Vila Nova Do Corvo I, Villa Nova Do Corvo II, are all mentioned in the document.

Rafael, Manuel and Carlos Pereira have 30 days to respond to the allegations.

They have four options: seek to have the notice modified, request a hearing before an Administrative Law Judge, request an extension or take no action. If no action is taken, the document states, all of the allegations, penalties and sanctions assessed will be taken as admitted.

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