Transcript Special Agent Ken Henline

Special Agent Ken Henline
NOAA/OLE
Who We are:





Department of Commerce
NOAA
National Marine Fisheries Service
Office of Law Enforcement
Caribbean Field Offices-Guaynabo &
Aguadilla
RESPONSIBLITIES
Authority
16 USC 1538-Endangered Species Act
Protection of Endangered SpeciesExample-Sea Turtles
16 USC 1372-Marine Mammal Act
Protection of Marine Mammals
Example Humpback Whale
MM//ES







Green Turtle
Whales
Dolphins
Seals
Hawksbill
Elkhorn-Coral
Staghorn-Coral
OFFSHORE-INSHORE




GROUNDING
OIL SPILL
CONTRUCTION
DUMPING OF SWEAGE
Violation-Marine Mammal Act

The term “harassment” means any act of
pursuit, torment, or annoyance whichhas the potential to injure a marine
mammal or marine mammal stock in the
wild; or
Violation Cont.
has the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering.
Examples of Violations




Disrupt Breeding
Feeding Habits
Migration
IF YOU BELIEVE CONTACT NOAA OLE
PENALITIES

If Aggravated Circumstances are present
e.g. injury to the MM, nursing-the fine
could be $25,000 and/or jail time.
ENDANGERED SPECIES
(a) Generally (1) Except as provided in
sections 1535 (g)(2) and 1539 of this title,
with respect to any endangered species of
fish or wildlife listed pursuant to section
1533 of this title it is unlawful for any
person subject to the jurisdiction of the
United States to—
ENDANGERED SPECIES CONT.

(B) take any such species within the
United States or the territorial sea of the
United States;

Most Common-But a little tougher”Knowingly”
PENALITIES
Misdemeanor-Possible Jail Time
Fine-Up to $25,000
OTHER VIOLATIONS
18 USC 371. Conspiracy to commit offense
or to defraud United States
If two or more persons conspire either to commit
any offense against the United States, or to
defraud the United States, or any agency thereof
in any manner or for any purpose, and one or
more of such persons do any act to effect the
object of the conspiracy, each shall be fined
under this title or imprisoned not more than five
years, or both.
.

OTHER VIOLATIONS:

18 USC 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any
matter within the jurisdiction of the executive, legislative, or judicial
branch of the Government of the United States, knowingly and
willfully— (1) falsifies, conceals, or covers up by any trick, scheme,
or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or
representation; or
(3) makes or uses any false writing or document knowing the same
to contain any materially false, fictitious, or fraudulent statement or
entry;


NON-NOAA OLE BUT





Collecting the Broken Elkhorn Coral
Corruption
Claiming to be NOAA Agents
False Statements
Biasing Samples or Interfering NOAA
Employees or Contractors
OTHER ALTERNATIVES






Settlement
Civil verses Criminal
Support
Security
Accident Assistances
MM/ESA advice or provide Experts
Contact Information




Ken Henline
Lynn Rios
Guaynabo Office 787 749 4405
Aguadilla Office 787 890 0715
Questions

???????????????????