Enforcement Archives - Saving Seafood

Scallops seized from Rafael vessel

January 31, 2018 — Carlos Rafael may be in prison and his groundfishing fleet grounded, but his scallop fishing vessels are still running into trouble with the authorities.

The Massachusetts Environmental Police boarded the Dinah Jane, one of Rafael’s vessels, on Sunday and, after conducting an inspection, confiscated 120 pounds of scallops that they say was beyond the boat’s permitted limit of 800 lbs, South Coast Today reports, based on information obtained from the police.

Police asked if any more scallops were left on the boat after watching it be offloaded. They were told there weren’t before they found the shellfish buried under ice, according to the newspaper that serves the New Bedford, Massachusetts, community where Rafael’s boats make their landings.

Read the full story at Undercurrent News

Another New Bedford Scallop Boat Affiliated with Carlos Rafael Caught Cheating on Scallop Landings

January 30, 2018 — SEAFOOD NEWS — According to information posted by the Massachusetts environmental police, on Sunday January 28, they conducted a marine fisheries inspection aboard a federally permitted scallop vessel in New Bedford. After observing the offload of the permitted limit of scallops, the police confirmed with the captain and crew that all sea scallops had been offloaded from the vessel.

During a subsequent inspection, police located five additional bags of shucked sea scallops hidden below a foot of ice and food stores. The violation was documented and forwarded to NMFS. The illegal sea scallops were held for disposition by NMFS.

Subsequent reporting was that the vessel in question was the FV Dinah Jane, permit #320244, owned by Leeanne & Noah Fishing LLC. This permit was ordered revoked by NOAA on January 10^th, with a 30 day deadline for the owners to appeal the notice of violation.

The owners of the F/V Dinah Jane also owned the F/V Hercules together with Carlos Rafael, and were cited for filing false landing reports.

The vessel Dinah Jane and its permit was cited in count 15 of the NOVA sent by NMFS to Carlos Rafael, for filing false records with Sector IX, which was cited in count 20. Sector IX is currently under suspension by NOAA for failing to properly account for catch overages and false reporting. However, scallop fishing is not subject to the sector allocations under the New England multi-species groundfish management plan, so the vessel was able to continue to fish.

The proposed permit revocation would take effect on February 10^th at the earliest. The vessel was still legally able to harvest scallops until then.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Report detailing enforcement abuses barred from fisherman’s trial

January 29, 2018 — The first criminal trial of a Long Island fisherman charged in connection with a federal probe of a controversial fish-auction program is set to begin, but a report detailing fisheries enforcement abuses by the government has been barred from the trial.

Lawyers for Northport fisherman Thomas Kokell, charged in a multi-count indictment with overharvesting fluke, argued in pretrial motions that a 2010 federal inspector general’s report detailing abuses and “overzealousness” by the National Marine Fisheries Service was vital to the defense.

The Environmental Crimes unit of the U.S. Department of Justice has reached plea agreements with seven Long Island and New York City fishermen and fish dealers in connection with the six-year probe.

Most have been charged with mail fraud, wire fraud, conspiracy and false reporting crimes. Five received prison time or home detention, including a 74-year-old Mattituck fisherman charged with taking $78,000 in illegal fish. Fines and restitution have ranged from $150,000 to $932,000 and most lost their fishing or dealer permits.

In November 2016, Kokell was charged with conspiracy, mail fraud and falsification of federal records in connection with the illegal harvest of more than $400,000 worth of fluke. He is the first to fight the charges in court. The trial is set to begin next month.

His lawyers have argued that Kokell’s case should be handled as a civil, not criminal, case, citing findings from the inspector general’s report and the federal Magnuson-Stevens Act, which governs the fisheries.

Kokell, who was fined $120,000 in a 2006 case involving overfishing, had been a vocal critic of the marine fisheries agency‘s enforcement and legal practices.

He and his wife appeared with Sen. Chuck Schumer (D-N.Y.) at a Port Washington dock to demand action against the fisheries agency, a unit of the National Oceanic and Atmospheric Administration.

Read the full story at Newsday

Chesapeake crab caper results in felony charges

January 23, 2018 — More than three years after federal fish fraud investigators were tipped off that a Virginian seafood company was selling foreign crabmeat labeled as more expensive domestic crabmeat, federal prosecutors filed felony charges against Casey’s Seafood owner, James R. Casey, 74, of Poquoson, Va.

At the time of the tip in 2014, The Baltimore Sun had begun following special agents tracking crab fraud among other kinds of seafood fraud.

The Sun found that, despite increased concerns about such fraud, the number of enforcement cases brought by the National Oceanic and Atmospheric Agency had plummeted after the agency began cutting the “special agents” who investigate fish fraud in 2010.

As the world’s seafood resources decline, substituting other species of seafood for rarer and more expensive ones has become a lucrative business as well as a growing concern for governments and health officials.

Jack Brooks, co-owner of J.M. Clayton Seafood in Cambridge, described how easy it is to commit fraud with crabmeat in a 2014 letter he wrote to the federal task force establishing the new rules to mitigate seafood fraud. It happens, he wrote, when “unscrupulous domestic companies, seeing a quick and profitable opportunity” simply put imported crabmeat into a domestic container.

Brooks, who processes crab, added that there is “no or very limited enforcement” of such fraud, which can net businesses an extra $4 to $9 per pound. That leaves domestic competitors with higher costs and puts seafood-related jobs in jeopardy.

During their investigation, NOAA agents sent eight containers of Casey’s Seafood crabmeat bought at stores in Delaware and Virginia to a laboratory in College Park for DNA testing. The results confirmed the tip: seven of the eight Casey’s containers labeled as “Product of the USA” contained swimming crab found only outside U.S. waters, according to court documents.

Read the full story at the Baltimore Sun

Rafael Faces New Allegations For Violations In Scallop Fishery

January 16, 2018 — A New Bedford fishing mogul known as “The Codfather” is facing new federal allegations for misreporting the amount of fish harvested by his fleet, this time in the scallop fishery.

“The Codfather,” or Carlos Rafael, is currently serving a 46-month prison sentence for falsifying groundfish quota, and for other offenses including tax evasion and bulk cash smuggling.

Now, the National Oceanic and Atmospheric Administration is alleging Rafael lied about how many scallops four of his vessels caught during fishing trips in 2013. NOAA is looking to revoke permits issued to those vessels and charge Rafael a penalty of $843,528.

Peter Shelley, senior counsel at the Conservation Law Foundation, an environmental advocacy group, said these new allegations are critical.

“I think (these allegations) will be a strong enough deterrent that will really discourage people who might want to break the law from doing that, and it certainly will support the many fishermen in the fishery who obeyed the law that they’re not doing it for vain, that the agency will back them up,” Shelley said.

Read the full story at Rhode Island Public Radio

NOAA’s civil action against Carlos Rafael involves scallop permits

WASHINGTON — January 10, 2018 – Today, NOAA issued a charging document to Carlos Rafael, Carlos Seafood, Inc., 28 separate business entities related to Carlos Rafael, and two of Carlos Rafael’s scallop vessel captains, alleging violations of the Magnuson-Stevens Act.

This case seeks to:

Impose $983,528 in civil monetary penalties;
Deny any future application by Carlos Rafael for any permit issued by NOAA under the Magnuson-Stevens Act;
Revoke the seafood dealer permit issued to Carlos Seafood, Inc.;
Revoke 38 commercial fishing permits; and
Revoke the operator permits issued to two of Rafael’s scallop vessel captains.

The civil action alleges 35 violations:

Counts 1-19 are based on Rafael’s conduct involved in his recent criminal case, specifically, the misreporting of species landed. For these violations, NOAA seeks to revoke the federal fisheries permits associated with the vessels at issue in the criminal case, but does not seek monetary penalties.

Counts 20-35 involve conduct unrelated to Rafael’s criminal case. Count 20 alleges that Rafael and related entities misreported where they caught yellowtail flounder in 2012. For this violation, NOAA seeks to revoke numerous permits involved and a $140,000 penalty.

Counts 21-35 involve misreporting in the scallop fishery. NOAA alleges that on four separate fishing trips in 2013, Rafael and related entities, along with two of his fishing vessel operators, filed false reports regarding the amount of scallops harvested by four vessels. For those violations, NOAA seeks to revoke permits issued to these vessels and a $843,528 penalty.

John Bullard: Incomplete investigation by Rafael sector is ‘show stopper’

January 9, 2018 — John Bullard, the outgoing northeast region administrator for the National Oceanic and Atmospheric Administration, has provided a clue as to what he believes is needed to re-open groundfish harvesting in Sector IX, Carlos Rafael’s former fishing group.

“As far as we know, the sector’s enforcement committee has not yet completed an investigation of the sector’s operations issues or determined the full extent of the sector’s non-compliance,” he says in a column published in South Coast Today, a newspaper serving New Bedford, Massachusetts, the port city Sector IX calls home.

“That’s a show stopper.”

Bullard has heard plenty of criticism from the newly constituted board of Sector IX, the mayor of New Bedford, Massachusetts, out-of-work crew members and many others since he announced his decision in November to shut down all groundfish harvesting for the group nearly five months before the season was due to end on April 30.

Read the full story at Undercurrent News

Maine man gets 2 years in federal prison for trafficking in baby eels

October 26, 2017 — A Waldoboro man has been sentenced in federal court to serve two years in prison for his role in an East Coast scheme that trafficked in millions of dollars in poached baby eels.

Richard D. Austin, 40, pleaded guilty in April to violating the federal Lacey Act by trafficking in baby eels, or elvers. He was accused of illegally harvesting roughly $190,000 worth of elvers in Massachusetts and Virginia from 2013 to 2015 and of selling the poached elvers to dealers in Illinois and New York.

Austin is the first to be sentenced to prison time of 18 men charged as a result of the so-called “Operation Broken Glass” federal investigation. All 18 men have pleaded guilty in the scheme but only five have been sentenced so far.

Appearing Wednesday in a federal courtroom in Norfolk, Virginia, Austin was ordered to report to federal officials to begin serving his sentence on Dec. 11 at a prison not yet selected. He also was ordered to serve three years of supervised release after he completes his prison term. He was ordered to pay a special assessment off $100 but was not ordered to pay any fines or restitution.

Read the full story at the Bangor Daily News

Maine elver king to plead guilty to trafficking in poached eels

October 3, 2017 — The man regarded as the founder of Maine’s elver fishery will plead guilty to violating federal law by trafficking in more than half a million dollars worth of poached baby eels.

Bill Sheldon and federal prosecutors reached the agreement on Sunday. Sheldon has waived his right to appeal any sentence that includes a prison term of 30 months or less.

The plea agreement does not say whether Sheldon and prosecutors may have discussed a fine, but under federal law, Sheldon could face a maximum fine of $250,000.

Sheldon bought elvers, or baby eels, that he knew had been caught in New Jersey and Virginia, where the fishery is banned, prosecutors have said. Over the course of the 2011 through 2014 elver fishing seasons, Sheldon allegedly bought and sold 281 pounds of poached elvers, worth about $545,000, according to court documents.

Read the full story at the Bangor Daily News

IUU Fishing off Montauk Exposed as NY Fines Party Boat Taking Illegal Sea Bass and Dumping Fish

September 20, 2017 — State marine enforcement officers issued eight tickets and 22 warnings last month after people aboard a party boat were spotted throwing “hundreds of pounds” of illegal fish overboard in Montauk Harbor, authorities said.

The boat was later found to have hundreds more undersized and over-the-limit fish — a combined 1,000 fish in all, authorities said last week.

The Department of Environmental Conservation, in an email, said a marine enforcement unit was patrolling Montauk Harbor Aug. 31 when officers confronted fishermen on the boat, Fin Chaser, who were tossing fish overboard. Anglers ignored orders to stop, the DEC said

Once at the Star Island Yacht Club dock in Montauk, officers discovered 500 fish in 17 coolers. They issued tickets and warnings for possession of undersized black sea bass and fluke, excess possession of sea bass and scup, failure to stop dumping on command and an incomplete vessel trip report.

Read the full story from Newsday at Seafood News