Paloma V

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MINISTRY OF FISHERIES 2 Memorandum
T8 Tauliaki i nga lini a Tangaroa
OPERATION TOA
3 Event Timeline
Ministry Of Fisheries
V
4
James William VAN ZYL
/-
-\
OFFENDER FILE
5
OFFOOO43723/01
Mfish Documentation regarding Revocation of Section 113
approval to land
! Supporting Documentation
\ 8
" Investigation Services Report to Mfat for CCAMLR
New Zealand High Court decision regarding revocation of
9
Section 113 approval to land
10
10 IW"II".' I Uti" mil" 1\l111::j~1..,"
Offender: Van Zyl, James William
File Created: 01 Aug 2008
Officer in Charge: Hayden, Dominic
Offence Date Location
16 May 08 Auckland
Breach Breach Code Description
Code
7188 Omit material information from any
records etc
OIC Requests and Comments
~ake 0
Prosecution Decision
D Offen~
Close File for this
___________________ I I
~~~
/'
DCM Signature ___- 1-__11 _, _Q;_,__~ _I_ S-I '1 p8'.
9 October 2008 ~~ ©J~
~~=::e ~i;~: ~)ZZt~ @>~ W;;
~\) ~
No. 54, Esplanade rcy
<)
POBox 195
((>/)\
Walvis Bay W
NAMIBIA ~
~~ ~~
DearMrVanZyl
ta~~~~\;5;.~d
Re: Application to land fish waters
§
has~ed inv:~~~
The Ministry of Fisheries its the circumstances surrounding
yow fishing vessel palo~mri the c nd on 16 May 2008, and this letter is
to advise you of the outc e t mves1'~
t~ d~an
As the operator of d t for the section 113(1)(a)(ii) application made
under the Fisher~~6 for a ~o land fish caught outside New Zealand waters, it
has been est li ~ ough' . n that you and/or your representatives made false
and materi .s . ns or faile vide all relevant information in that application, which
if such info l' had ~n ~o at the time it was made would likely have resulted in the
appro bei eclined~
~~
i try is that there is sufficient evidence to initiate a prosecution against
t~~~:~ling
() at or omitted information in the application constituted a breach
tion~~ the Fisheries Act 1996.
hav~~low
I the text of section 230 of the Fisheries Act 1996 for your information.
~~
rcy Neglect or refusal to supply particulars, and improper divulging ofi nformation
o
(1) Every person commits an offence who-
(a) Fails to keep, or provide, any accounts or records, or who neglects or refuses to provide
any records, return, or information, when lawfully requested or required to do so
under this Act; or
(b) Makes any false or misleading statement, or omits any material information, in any
communication, application, record, or return prescribed by or in accordance with
this Act, or requiredfor its administration.
(2) Every person who commits an offence against subsection (1) of this section is liable to the
penalty set out in section 252(3) of this Act.
~
A copy of this official warning letter will be placed on the Investigation.
ShiPP~~ ~
A copy will also be forwarded to Russell & Somers ckland,
authorised agenls at the time of this application. ~ ~
@>~
Yours sincerely
~~©
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~~~~
Mike Green
Investigation Manager
Ministry of Fisheries
New Zealand
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Mike,
Please find attached the enquiry file in re
flagged vessel, FV 'Paloma V' which was It i h by ou land in May this year.
~SilY fOIlOW~
The background to this incident he timeline of events as shown in section 2
of the file. ~~ ~ V'
i~
Essentially the vessel in e an ia Mr VAN ZYL to land fish in New Zealand that had
been caught outside th nd E omic Zone (EEZ). When a vessel wishes to do this
they must make an ap '0 to th~.e cutive of the Ministry of Fisheries for approval to be given.
palom~aad~ed I~'
The a . g season in CCAMLR waters and had just completed fishing
for deep se ~ ~. on th' as off the South Tasman Rise and the Lord Howe Rise outside
the Australi
T~~eti ~as m~~ ~efiSh
W ... in New Zealand under section 113(1)(a)(ii) of the Fisheries Act
1 , e1, of Ma ~~' the information given, the Manager Investigation Services, Shaun
ro~evd nding the catch into a New Zealand Port. That port was approved as being
~~ fAu .
\ Driscol~~' under the delegation of the CEO pursuant to section 41 of the State Services Act
1988.~/)~
. n as per normal was carried out on the vessel when it berthed in Auckland on the morning of
~
t 0 ay 2008.
~~
ents were taken from the vessels and clones of the computers used for fishing and communication
~oses were also taken for later review by Ministry of Fisheries Investigators.
Upon review of that documentation, investigators discovered that the vessel had been involved in
supporting and assisting known Illegal Unreported and Unregulated (lUU) vessels. Some of those vessels
are known to belong to a convicted CCAMLR IUU offender based in Spain, Antonio Manuel VIDEL PEGO.
VIDAL is the owner operator of Vidal Armadores SA and has been the subject of many IUU investigations.
The vessel, Viarsa 1 which was the subject of an Australian prosecution was also one of his fleet of vessels.
IVlaoenal ".1-'1. nas oeen Imp"calea mrougn omer InvesligallOm:i CIS [J~lf1y III pClrllr~rsrllp elliU rUllllrrl!:!
companies associated with Antonio VIDAL and Vidal Armadores SA The ownera~bfen al SA iS~
Uruguayan national known as Luis PAZOS. A company associated to PAZOS Fa . A. was also
(?( \
convicted and liquidated following the conviction previously mentioned of Anton' I
Also spoken to but not interviewed was a Mr Luis PAZOS who had arrived . With~N~
PAZOS advised that he was involved with the marketing of the fish fro I. \/
As a result of what was located on the vessel, the association O~OPS w it e~p. en a he
explanations given by Mr VAN ZYL, the approval for the vessel iAflI d in New der section 113
FA 1996 was revoked. ~v.
h~ea mitte~~
Following the interview VAN ZYL was warned that against the Fisheries
~ cat~'o~
Act 1996 in that he had omitted material information f of Fisheries under
.::::--J
the section 113 application.
~~ man~e
He was further advised that a decision would my ard to an outcome once the
inv~s~igation adv~.~se ~
had been completed. I wu e ed with a result following that
deCISion.
The vessel departed Auckland b~Naml ia o~ ay 2008 without unloading any catch.
The vessel was however allowe t bu rand re p' lor to its departure.
att~mpted t~ n~
I to contact him teleph e s provided to the Ministry of Fisheries, on his
application. A messag is ce~o ~j ing I would contact him again tomorrow. This is
only to confirm addres ce the' i' . ve Igation.
y~
It would also be pr ise II as the investigation into Mr VAN ZYL and whether or not
he omitted t~or '0 as is ~~ , second parallel investigation has been running into the
Paloma Val 0 ctions to or~ crime and being part of a recognised IUU fishing fleet.
in~qatiO;n
At this . t in that has established this fact and the information has been prepared for the
ve 0 . d as ~J.I.lWI at the next CCAMLR Commission meeting in Hobart in October this
y lorna is.rw vessel to be listed this year as a result of this investigation.
~ hafE~i!':..
sel stripped of its Namibian flag by the Namibian Government and it will not get
~96d ~~~MLR
by member countries should it be IUU listed as previously mentioned.
vie~~~has
In come from this investigation it is my recommendation that VAN ZYL, be issued with a
W~[ the offence of "Making a false or misleading statement or omitting material information from any
r r' n section 230(1 )(b) of the Fisheries Act 1996.
~.
. nce carries a penalty under Section 252(3) of the Fisheries Act 1996 of $250,000 fine upon
~Ictlon.
The file is forwarded to you for your information and consideration regarding the warning of VAN ZYL for the
offending as is suggested.
Q j -
nominic Havden
A
To: Green, Mike
Subject: RE: Ltr to James Van Zyl 1.1 0.08.doc ) ~
Manager Investigation Services
Ministry of Fisheries
Ph. [phone] or [phone]
~ ~~~
From: Green, Mike
"
Sent: Tuesday, 30 September 2008 3:10 p.m. ~"V ~
To: Driscoll, Shaun ~
Subject: Ltr to James Van Zyl 1.10.08.doc A. ~ '\/
Shaun. ~
®
©
We are wanting to resolve the Op T~ have dra ~
~
Any comments or suggestions.
~(f@~
Mike
~~~
To: '[email protected]'
Cc: Green, Mike ~~ \>©J~
Subject: Paloma V
~:::eJ:h:e:~ail ~ ~~
finds you well.
Phone~~o
0
I have tried you a couple of times on your cell t con(QrJ a . finalising the
Paloma V incident in New Zealand. ::;:::;:;"""
As I said to you on the 22nd of May after the int~e, 0 p~s. ion onto my manager
in regard to an outcome from the interview. ~
~. issue~
The file is now with him with a view of a i 9 arding the information being
omitted from your application made ~I o. In ew Z an. ow following the interview you
understood where we were coming mid to t at.
Unfortunately following the ~'n. ta n bse ~Ar e of the vessel from New Zealand, you
. and I both were a little tied ~ e subseq ~ ion.
c~~ anag~r
With the matter now decision regarding the warning, I am just
wantir.tg to confirm~ ~ss ~~~ the same.
On the apPlication~: ~
iS~i ~
Omunkete ) Ltd
No. 54, n
POBo
w~ ~
40 Bouverie Street
PO Box 38 090
Petone
001 (04) 576 8057
Mobile [phone]
Fax [phone]
[email protected]
Omunkete Fishing (Pty) Ltd of Walvis Bay, NamibiWa~l~ tes
the application for the Approval.
notific~~ti ~
Also attached to the application is a \ith t
~~f(;5/200 A/
NZ EEZ (1500hrs, 10105/08 (GMT) and A
declarations by V AN ZYL and the Master in re . on to U
fishing activities; and a copy of the form.
07 May Section 113(1)(a)(ii) Approva
The application for the A
Ministry of Fisheries b
"
( of Omunkete Fishi.".,...,,,,_,-,",,,,",,,--
09 May
Notificatio Omunkete Fishing to FCC
~nce
with Condition 3 of the Approval, Mr V AN ZYL on
~ ofOmunkete Fishing (Pty) Ltd notified FCC of the time
position the vessel will enter the NZ EEZ (1200hrs, 11105/08
MT)) and arrive in Auckland (1500hrs, 15/05/08 (GMT)).
Paloma V arrives in Auckland
The vessel arrives along side Wynyard Wharf to refuel and is
boarded by Fishery Officers under s 199(1).
3 Computers are removed for copying under s206 of the F A96,
with one returned to the vessel that afternoon at Queens Wharf.
CCAMLR Checklist partially completed (subject to information
obtained once unloaded)
17 May Remaining 2 PCs returned to the vessel