The New Bedford, Massachusetts-based fish auction known as BASE has backed out of a plan to acquire scallop vessels from former fishing mogul Carlos Rafael, who was ordered last year to pay the National Oceanic and Atmospheric Administration (NOAA) $3 million (€2.7 million) to settle a smuggling case.

BASE said Thursday it has withdrawn its first right of refusal to acquire Rafael assets associated with the Blue Harvest purchase and sale agreement, citing litigation with Blue Harvest as the reason for its move.