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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

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Special Agent Ken Henline

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  1. Special Agent Ken Henline NOAA/OLE

  2. Who We are: • Department of Commerce • NOAA • National Marine Fisheries Service • Office of Law Enforcement • Caribbean Field Offices-Guaynabo & Aguadilla

  3. RESPONSIBLITIES

  4. Authority 16 USC 1538-Endangered Species Act Protection of Endangered Species-Example-Sea Turtles 16 USC 1372-Marine Mammal Act Protection of Marine Mammals Example Humpback Whale

  5. MM//ES • Green Turtle • Whales • Dolphins • Seals • Hawksbill • Elkhorn-Coral • Staghorn-Coral

  6. OFFSHORE-INSHORE • GROUNDING • OIL SPILL • CONTRUCTION • DUMPING OF SWEAGE

  7. Violation-Marine Mammal Act • The term “harassment” means any act of pursuit, torment, or annoyance which- has the potential to injure a marine mammal or marine mammal stock in the wild; or

  8. 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.

  9. Examples of Violations • Disrupt Breeding • Feeding Habits • Migration • IF YOU BELIEVE CONTACT NOAA OLE

  10. PENALITIES • If Aggravated Circumstances are present e.g. injury to the MM, nursing-the fine could be $25,000 and/or jail time.

  11. 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—

  12. 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”

  13. PENALITIES Misdemeanor-Possible Jail Time Fine-Up to $25,000

  14. 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. .

  15. 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;

  16. 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

  17. OTHER ALTERNATIVES • Settlement • Civil verses Criminal • Support • Security • Accident Assistances • MM/ESA advice or provide Experts

  18. Contact Information • Ken Henline • Lynn Rios • Guaynabo Office 787 749 4405 • Aguadilla Office 787 890 0715

  19. Questions • ???????????????????

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