Saving Seafood

Fisherman Michael Foy’s Illegal Fishing Charges Dropped; Returning to Court on October 27

October 13, 2020 — Michael Foy, the American longline fishing boat captain who has been detained in the British Virgin Islands since June 8, has finally been released on bail. Foy’s daughter, Jordan Cassoff, confirmed his release on Thursday, but noted that “this isn’t over until it’s over.”

For those who haven’t been following along, Foy, who lives in Puerto Rico, left for a fishing expedition on May 29. On June 8 Foy was caught in territorial waters near Peter Island and Norman Island. Foy said that he believed that the BVI port had been closed because of the coronavirus, but not the border itself. He had been drifting near the coastal border off Norman Island while waiting to get customs clearance to return to Puerto Rico when a patrol boat escorted him to shore. BVI authorities then arrested Foy for illegal entry and illegal fishing. His vessel was seized, as well as the 7,000 pounds of tune and swordfish that was worth more than $60,000.

Read the full story at Seafood News

BVI court tosses illegal fishing charge against U.S. longline captain while trial continues

October 13, 2020 — After spending months in jail following his June 9 arrest in the territory’s waters, on Monday, United States fisherman Michael Foy went to trial in the British Virgin Islands on charges of illegal entry, operating an unlicensed or unregulated fishing vessel, and arriving at a place other than a customs port.

But on Friday, following a Tuesday adjournment, Magistrate Christilyn Benjamin threw out the fishing charge, which carried with it a fine of roughly $500,000, while allowing the defense to call additional witnesses to testify against the other two charges when the trial picks up again at the end of the month.

The bulk of the prosecution’s argument for the fishing charge rested on the testimony of a fisheries official, who described a picture, sent to her by a superior, of Foy’s vessel the day he was detained.

But according to Magistrate Benjamin, this evidence would not suffice before “a tribunal of fact.”

“There is no evidence on the prosecution’s case of who took this photograph, when this photograph would have been taken, and certainly there is no evidence of the photograph itself. As a matter of fact, the prosecution has closed its case and the court has no idea what this vessel even looks like.”

Read the full story at National Fisherman

Family of Fishing Captain Michael Foy Says He Was Granted Bail, But Still In Prison

October 8, 2020 — Michael Foy, an American longline fishing boat captain who was detained in the British Virgin Islands on June 8, is reportedly still in jail. Foy’s family has been providing updates on his situation after he was imprisoned and charged with illegal entry and illegal fishing.

Foy, who lives in Puerto Rico, left for a fishing expedition on May 29. He claims he was in BVI waters waiting to get customs clearance to travel onward to Puerto Rico, but was told by authorities to follow them into port. Once docked Foy was taken into custody and his boat, including approximately 8,000 pounds of fish, was seized. Foy was accused of illegally fishing in BVI waters and not granted bail because he has no legal status in BVI.

Read the full story at Seafood News

U.S. longline captain granted bail while awaiting trial in British Virgin Islands

October 5, 2020 — After more than three months behind bars, U.S. longline fishing captain Michael Foy will be released on bail in the British Virgin Islands while awaiting trial on charges of illegal fishing and illegally entering Tortola’s port, according to his family and lawyers.

“Today was his 10th court date for an alleged illegal immigration violation,” brother Joe Foy said late Friday. “There’s all kinds of paperwork to be done, but he will be out of there (Tortola jail) on Monday.”

The captain’s movements are restricted, and he is staying with a Tortola resident who authorities have accepted as Foy’s sponsor during his bonded release, said Joe Foy.

A trial is tentatively scheduled for next week – probably another remote video hearing, as BVI is under a continuing partial lockdown to control the spread of covid-19, he said. Earlier court dates have been repeatedly cancelled or postponed.

Foy, 60, of Manahawkin, N.J., was jailed June 11, initially charged with illegal entry in violation of the island’s covid-19 precautions, then hit with a charge of illegal fishing, although he had been fishing south of his home port in Puerto Rico far away from BVI waters.

Read the full story at National Fisherman

Trial delayed for U.S. captain held in British Virgin Islands

September 11, 2020 — Michael Foy, the U.S. longline captain jailed in the British Virgin Islands since June 11, has seen his trial postponed on Tortola until Oct. 1 as the island goes through another round of covid-19 partial shutdowns, according to Foy’s family.

Foy, 60, of Manahawkin, N.J., was initially charged with illegal entry in violation of the island’s covid-19 precautions, then with a charge of illegal fishing, although he had been fishing south of Puerto Rico.

Foy and his local attorney arrived in court as scheduled Sept. 9 only to be told the hearing was rescheduled, according to his brother Joe Foy.

Responding to urgent requests from his lawyers in Tortola and the U.S., the National Marine Fisheries Service produced 27 pages of documentation from Foy’s vessel monitoring system, with data showing he fished far from BVI waters. They have that evidence in hand for when they do get a court hearing, according to Joe Foy.

Michael Foy’s vessel Rebel Lady was laid to offshore June 8, waiting for customs clearance to enter the port of Road Town as he had done many times before, but Foy was arrested after BVI authorities instructed him to follow a customs vessel into the harbor.

Read the full story at National Fisherman

Change.org Petition Has Over 4,000 Signatures to Free Imprisoned Commercial Fisherman Michael Foy

September 2, 2020 — A petition created on Change.org to free imprisoned commercial fisherman Michael Foy has gathered over 4,000 signatures.

Foy, who lives in Puerto Rico, has been imprisoned in Tortola, the largest of the British Virgin Islands, since June 8. As the captain of commercial fishing vessel Rebel Lady, Foy departed Puerto Rico for a fishing expedition on May 29. His vessel was carrying 7,000 pounds of fish when he was detained for illegally entering the British Virgin Islands during the pandemic. Foy allegedly believed that the BVI port had been closed, not the border itself. He was reportedly drifting near the coastal border off Norman Island while waiting to get customs clearance to return to Puerto Rico when a patrol boat escorted him to shore. Authorities arrested Foy for not only illegal entry, but for illegal fishing. His vessel was seized, as well as the cargo, which was worth a reported $60,000. He was placed in a cell, where he’s been sitting ever since.

Read the full story at Seafood News

US family fighting to free commercial fishermen held prisoner in British Virgin Islands

September 1, 2020 — A U.S. family from New Jersey is fighting to get the U.S. State Department to intervene in the imprisonment of Mike Foy, a commercial fisherman who has been held in the British Virgin Islands since 8 June.

Foy, according to a Change.org petition nearing 5,000 signatures, was waiting in the waters of Tortola for clearance to enter the island’s port in order to obtain passport stamps for the crew so they could obtain clearance to Puerto Rico – a requirement of U.S. Customs. Instead, Foy was imprisoned and charged with “illegal entry and unlicensed fishing” after being told to dock his boat off the coast.

Read the full story at Seafood Source

American Sword and Tuna Harvesters Call For Department of State to Help Imprisoned Captain Michael Foy

August 17, 2020 — American longline fishing boat captain Michael Foy has been imprisoned in the British Virgin Islands since June 8.  It’s now been months since his arrest, and now the American Sword and Tuna Harvesters are calling for the all relevant agencies of the United States Government to step in.

For those that haven’t been following the story of Foy, the captain, who lives in Puerto Rico, left on May 29 for a fishing expedition. He was detained in the British Virgin Islands on June 8 for reportedly traveling into BVI waters during the coronavirus border closures. Officials not only arrested Foy, but held his foreign crew without charge, and confiscated 8,000 pounds of tuna and swordfish worth more than $60,000.

Read the full story at Seafood News

American Fishermen Call on State Department to Help Captain Illegally Detained in British Virgin Islands

August 14, 2020 — The following was released by the American Sword and Tuna Harvesters. The American Sword and Tuna Harvesters are fishermen, fish buyers, vessel owners and support businesses who represent a significant harvesting segment of the U.S. Pelagic Longline Industry. We strive for equitable, logic and science based fishery management that results in maximizing the harvest of the United State’s allocation of highly migratory fish species to supply the American public with a healthy, renewable food source.  

During the week of June 8, the government of the island of Tortola, in the British Virgin Islands (BVI), detained the documented U.S. fishing boat Rebel Lady, arrested Captain Michael Foy, held the foreign crew without charge, and confiscated 8,000 pounds of tuna and swordfish valued at more than $60,000. Captain Foy was initially denied bail by the local magistrate, Later today, the Tortola High Court will decide on his appeal of that decision. Captain Foy has been imprisoned 67 days as of this writing.

The American Sword and Tuna Harvesters urge all relevant agencies of the United States Government, and specifically the Department of State, to take all possible actions to obtain justice for Captain Foy.

On June 8, the Rebel Lady was drifting outside Tortola territorial waters for several hours, awaiting permission to enter Road Town as she has done more than 9 times in the past year, most recently on April 27th. The purpose of the visits was to fulfill the U.S. Government visa requirement that the foreign crew “go foreign” every 29 days. The Captain and crew do not disembark for this formality. The protocol is: documents are submitted, including COVID-19 health certificates, passports are stamped, and the vessel departs.

On June 9, Captain Foy was instructed to follow a Customs boat into port. There, he was arrested on charges of illegal entry, arrival at a place other than a Port, and operating an unlicensed and unregistered fishing vessel. The Director of Public Prosecution (DPP) requested and received a denial of bail. In addition, DPP is seeking $511,000 in fines, seizure of the vessel, and up to one year imprisonment for Captain Foy. The catch was seized “to be forfeited and resold to benefit the government,” the DPP wrote in a circular.

Captain Foy, who has fished five different oceans and has never been accused of a fishery or customs/immigration violation in his forty years at sea, has been kept in a rat and cockroach infested prison with a court date set for September. Dinners are a piece of bread and tea. Upon initial detainment, Captain Foy was not afforded the bare necessities – a shower, toothbrush and toothpaste, or even a change of clothes – for almost two weeks.

Senators Marco Rubio (R-FL) and Bob Menendez (D-NJ) and Congressman Andy Kim (D-NJ) have beseeched BVI Deputy Governor David Archer Jr. for fair treatment and humane detention. Humanitarian groups such as Amnesty International, the United Nations Office for the Coordination of Humanitarian Affairs, and Human Rights at Sea were contacted to investigate the squalid conditions of the Indonesian crew.

The U.S. National Marine Fisheries Service Office of Law Enforcement in St. Petersburg, Florida monitors all U.S. flagged fishing vessels with mandatory Vessel Monitoring System (VMS) records. These hourly GPS readings have been made available and are believed to indicate the exact location of the Rebel Lady outside of Tortola’s territorial waters. Additionally, NOAA’s Greater Atlantic Fisheries Office in Gloucester, Massachusetts has authorized the release of the mandatory camera surveillance records from the Rebel Lady, which indicates where the boat was fishing. Captain Foy’s family and friends are confident this technology will prove his innocence.

The Acting Chief of Customs, who was contacted by the Rebel Lady‘s friend and agent in San Juan the day prior to the boat’s arrival, has refused to comment on the case.

PRESS CONTACT:

Jim Budi
jbudi33@gmail.com

American Fisherman Detained Entering British Virgin Islands During Coronavirus Closure

July 13, 2020 — An American longline fishing boat captain has been in jail for a month after he was detained in the British Virgin Islands on June 8 for traveling into BVI waters during coronavirus border closures. Now he is facing criminal charges and a months-long wait in a sweltering island prison cell.

Michael Foy, who lives in Puerto Rico and left the island on May 29 on a fishing expedition, was initially detained for illegal entry into the British Virgin Islands, but at his June hearing he was also unexpectedly charged with illegal fishing.

Read the full story at Seafood News