Saving Seafood

Enforcement

Florida Man Sentenced for Killing Endangered Sawfish

January 24, 2020 — The following was released by NOAA Fisheries:

Chad Ponce, a 38-year old commercial fishermen, is facing 2 years probation, 80 hours of community service and a $2,000 fine for killing an endangered smalltooth sawfish. A judge determined this sentence on December 19, 2019, after a joint investigation by NOAA Fisheries and the Florida Fish and Wildlife Conservation Commission (FWC) confirmed Ponce used a power saw to cut the rostrum (saw or bill) off of the live fish before discarding its body back into the ocean.

The St. John’s County Sheriff’s Office and FWC received a tip reporting the capture and gross mishandling of a large (12-14 foot) smalltooth sawfish off the coast of Ponte Vedra, Florida, on July 18, 2018. The sawfish was incidentally caught in one of Ponce’s commercial shrimp trawl nets earlier that day.

Upon retrieval of the net Ponce, captain of the Triton II, first attempted to use a hacksaw on the rostrum, but witnesses report he tossed that saw into the ocean when it didn’t work. Ponce then used a power saw to cut the rostrum off the live animal. Another fisherman in a vessel adjacent to the trawler witnessed the incident and reported it to FWC’s Report Sawfish for Science Hotline.  

This hotline is typically used to document sightings and incidental captures by recreational anglers of sawfish for the purpose of monitoring the population. The report was passed on to NOAA, which oversees the conservation of species listed under the Endangered Species Act.

NOAA and FWC opened an investigation into the alleged violation. FWC sent an officer offshore to the location of the Triton II on the day of the report. DNA evidence connecting Ponce to the crime was gathered in the course of the investigation.

Read the full release here

Big Brother is watching at Global Fishing Watch

January 2, 2020 — In 2016, the Leonardo DiCaprio Foundation joined with Google, Oceana and Environmental Defense, and other funding partners to create a mapping and data platform called, Global Fishing Watch. The system currently tracks over 65,000 fishing vessels worldwide. In November 2019, the United Nation’s Food and Agriculture Organization (FAO) released the “Global Atlas of AIS-based Fishing Activity,” utilizing the data.

“With the data Global Fishing Watch provides, governments, fishery management organizations, researchers and the fishing industry can work together to rebuild fisheries and protect critical marine habitats,” De Caprio says, on the GFW website. It appears the FAO agrees.

Global Fishing Watch uses AIS and other tracking systems, such as government run vessels monitoring systems to follow the activities of large fishing vessels in near real time, and the UN is using that data in its report. At the start, the technology was intended to help nations to stop illegal fishing off their coasts, assist in certification of sustainably harvested seafood, and keep vessels out of marine protected areas.

Read the full story at National Fisherman

NOAA: Rafael’s misreported fish ‘disappeared’ at Whaling City auction

December 10, 2019 — A NOAA official has charged that if federal officials were not watching when Carlos Rafael offloaded fish at the Whaling City Display Auction, the catch simply “disappeared.”

“If there was no observer on the boat, no dockside monitor, no state environmental police, no NOAA law enforcement officer, the fish would just simply disappear,” NOAA Special Agent Troy Audyatis said, “Thousands upon thousands of fish would simply disappear.”

Audyatis made the charge at a Dec. 3 meeting of the New England Fisheries Management Council while making the presentation “Catching the Codfather,” and said the New Bedford display auction was the location where Rafael offloaded much of the thousands of pounds of fish that were either under or misreported.

“Any given day fish would just disappear. There’s fish that he sold [that] he didn’t report having available for sale to NOAA and he didn’t buy from a third party, but yet he sold thousands of pounds of fish that day,” Audyatis said.

If fishing boat owners don’t report their catch to NOAA (the National Oceanic and Atmospheric Administration), there is no way for the federal government to know how much of a given species is in the ocean. Federal regulations designed to save fish stocks are dependent on knowing how much of a species is present.

Read the full story at the New Bedford Standard-Times

NOAA, Coast Guard: More regs needed in wake of Rafael ’s fraud

December 4, 2019 — Representatives from NOAA and the US Coast Guard are using Carlos Rafael’s case as evidence that more regulations and oversight are necessary in the groundfishing industry.

NOAA Special Agent Troy Audyatis explained to a crowd gathered at the New England Fishery Management Council Meeting on Tuesday how NOAA worked with other agencies to catch the so-called Codfather and said, “We need to prevent something like this from ever repeating itself down the road.”

Rafael was sentenced to 46-months in federal prison for falsifying fishing quota, cash smuggling, and tax evasion in a criminal case, and was ordered to pay a $3 million penalty to address the federal government’s civil claims against him which included counts of misreporting and underreporting his groundfish catch.

Audyatis said if there wasn’t an observer, who collects data from U.S. commercial fishing and processing vessels for NOAA, on Rafael’s vessels or a dock-side officer “thousands upon thousands of fish would simply disappear” without being reported.

One of the reasons Audyatis gave for Rafael being able to misreport and underreport was the vertical integration of Rafael’s business.

Read the full story at the New Bedford Standard-Times

‘We caught him using his own words’ NOAA: Rafael’s own fishery complaints opened door to his downfall

December 4, 2019 — It turns out that it was Carlos Rafael himself who opened the door to the civil and criminal investigations that resulted in his exile from the commercial fishing industry and his current residency at the FMC Devens federal prison.

In January 2015, angered by cuts to his portion of federal groundfish disaster relief, Rafael publicly railed against the process and said he planned to sell his more than 40 vessels and the approximately 60 federal fishing permits attached to them.

And with that, according to a NOAA Office of Law Enforcement presentation Tuesday to the New England Fishery Management Council on the criminal case against Rafael, five federal law enforcement agencies saw their opening.

They began widespread undercover investigations that ultimately led to Rafael’s indictment and conviction in November 2017 for fisheries reporting violations, tax evasion and bulk smuggling.

“We took this as an opportunity to reach out to Carlos Rafael as interested buyers,” said OLE Special Agent Troy Audyatis. “We caught him using his own words.”

Read the full story at the Gloucester Daily Times

Coast Guard Report Finds Misreporting in Northeast Multispecies (Groundfish) Fisheries

December 2, 2019 (Saving Seafood) — WASHINGTON — Tomorrow, at the New England Fishery Management Council (NEFMC) December Meeting in Newport, Rhode Island, the United States Coast Guard will present a summary of an analysis it conducted from late 2014 through 2016 into potential misreporting in the Northeast Multispecies (NMS) fishery. The analysis identified over 350 trips from 2011-2015 where there is evidence of misreporting.

The Coast Guard analysis claims that several misreporting schemes were utilized from 2011 to 2015, and potentially up to 2.5 million pounds of regulated species were misreported by vessels from multiple sectors in the NMS fishery. The analysis also argues that the current regulation regime is vulnerable to stock area misreporting and limits the ability of enforcement to detect and document misreporting of stock areas.

Since February 2017, fishery managers have been developing Amendment 23 to the Northeast Multispecies (Groundfish) FMP, which would implement measures to improve reliability and accountability of catch reporting and ensure an accurate representation of catch (landings and discards). Amendment 23, which is currently in draft form, has been developed concurrently with the Coast Guard study, and is not a response to it. It has been developed by the NEFMC in consultation with the Mid-Atlantic Fishery Management Council, and the National Marine Fisheries Service. The draft amendment is available here: https://s3.amazonaws.com/nefmc.org/190905_Draft_Groundfish_A23_alternatives.pdf.

The Coast Guard report was authored by the First District Enforcement Staff and is available here: https://s3.amazonaws.com/nefmc.org/USCG-Groundfish-Misreporting-Investigation-and-Analysis.pdf.

The species of fish off the New England coast commonly referred to as “groundfish” are managed under the NMS Fishery Management Plan (FMP) and regulated under Title 50, Chapter VI, Part 648 of the Code of Federal Regulations (50 CFR 648). The latest updates on the development of NEFMC Amendment 23 to the Northeast Multispecies FMP are available here: https://www.nefmc.org/library/amendment-23.

Coast Guard: Catch misreported on 350 fishing trips

December 2, 2019 — The Northeast multispecies groundfishery may have been victimized by several misreporting schemes through a five-year period and “potentially up to 2.5 million pounds of regulated species were misreported by vessels from multiple sectors” in the fishery, according to a Coast Guard investigation of misreporting.

The report chronicling the Coast Guard investigation from 2011 to 2015 will be presented to the New England Fishery Management Council on Tuesday during the first of its three days of meetings in Newport, Rhode Island.

The Coast Guard presentation is one of two scheduled agenda items dealing with catch misreporting that will be before the council on Tuesday.

The same day, NOAA Fisheries’ Office of Law Enforcement is scheduled to make a presentation to the council specifically on misreporting uncovered during the criminal case brought against now-incarcerated New Bedford fishing mogul Carlos Rafael.

In its 21-page report, the Coast Guard said the analysis by its Boston-based First District enforcement staff identified more than 350 vessel trips during the period of 2011 to 2015 in the Northeast multispecies groundfishery “where there appears to be evidence of misreporting.”

Read the full story at the Gloucester Daily Times

US fisheries sees first IP-based broadband terminal and vessel monitoring

November 26, 2019 — An estimated 4,000 legally licensed commercial fishing vessels are permitted to fish in US Fisheries Management regions. These are required to report their GPS positions via a type-approved secure satellite link.

As explained, iFleetONE VMS is the first mobile satellite terminal to provide secure VMS services for NMFS with full-featured voice and IP-based communications capabilities.

In addition, it is expected, for the first time, to enable every stakeholder in the VMS ecosystem, including NMFS Law Enforcement, fisheries management officials and other end users to have a platform to develop new and previously limited applications.

As such, this terminal and VMS combination is expected to transform regulatory compliance, fisheries governance in US waters to sustain fish numbers and protect ocean habitats, explained Inmarsat’s Eric Griffin, VP for Offshore & Fishing.

Read the full story at Safety4Sea

New tool helps fisheries enforcement track criminal fishing around the world

November 19, 2019 — A new online tool maps vessels that have fished illegally or committed other crimes at sea, giving fishery managers and enforcement officials another way to keep tabs on illegal, unreported, and unregulated (IUU) fishing.

Spyglass, which contains records for nearly 3,700 vessels and 1,200 companies so far, aims to document which vessels are the highest risk for IUU fishing so that they can be stopped.

Read the full story at Seafood Source