Saving Seafood

Law

Feds target U.S. companies caught in lucrative shark fin trade

August 3, 2022 — It’s one of the seafood industry’s most gruesome hunts.

Every year, the fins of as many as 73 million sharks are sliced from the backs of the majestic sea predators, their bleeding bodies sometimes dumped back into the ocean where they are left to suffocate or die of blood loss.

But while the barbaric practice is driven by China, where shark fin soup is a symbol of status for the rich and powerful, America’s seafood industry isn’t immune from the trade.

A spate of recent criminal indictments highlights how U.S. companies, taking advantage of a patchwork of federal and state laws, are supplying a market for fins that activists say is as reprehensible as the now-illegal trade in elephant ivory once was.

A complaint quietly filed last month in Miami federal court accused an exporter based in the Florida Keys, Elite Sky International, of falsely labeling some 5,666 pounds of China-bound shark fins as live Florida spiny lobsters. Another company, south Florida-based Aifa Seafood, is also under criminal investigation for similar violations, according to two people on the condition of anonymity to discuss the ongoing probe. The company is managed by a Chinese-American woman who in 2016 pleaded guilty to shipping more than a half-ton of live Florida lobsters to her native China without a license.

The heightened scrutiny from law enforcement comes as Congress debates a federal ban on shark fins – making it illegal to import or export even foreign-caught fins. Every year, American wildlife inspectors seize thousands of shark fins while in transit to Asia for failing to declare the shipments.

An attorney for Elite wouldn’t comment nor did two representatives of Aifa when reached by phone.

Overfishing has led to a 71 percent decline in shark species since the 1970s. The International Union for Conservation of Nature, a Switzerland-based group that tracks wildlife populations, estimates that over a third of the world’s 500-plus shark species are threatened with extinction.

Contrary to industry complaints about excessive regulations, the U.S. is hardly a model of sustainable shark management, said Webber. She pointed to a recent finding by the National Oceanic and Atmospheric Administration that less than 23% of the 66 shark stocks in U.S. waters are safe from overfishing. The status of more than half of shark stocks isn’t even known.

The situation in Europe is even worse: a new report from Greenpeace, called “Hooked on Sharks,” revealed what it said is evidence of the deliberate targeting of juvenile blue sharks by fishing fleets from Spain and Portugal. The report found that the U.S. is the world’s fourth-largest shark exporter behind Spain, China and Portugal, with exports of 3.2 million kilograms of meat – but not fins – worth over $11 million in 2020.

Webber said rather than safeguard a small shark fishing industry, the U.S. should blaze the trail to protect the slow-growing, long-living fish.

“We can’t ask other countries to clean up their act if we’re not doing it well ourselves,” said Webber.

Read the full article at Press Herald

American Aquafarms withdraws lawsuit against Maine Department of Marine Resources

July 26, 2022 — American Aquafarms, the company with plans to build a salmon farm in Gouldsboro, Maine, U.S.A., has withdrawn a lawsuit it initiated against the Maine Department of Marine Resources (DMR).

In April 2022, American Aquafarms’ planned aquaculture project was dealt a major setback after the Maine DMR decided it would no longer process the company’s lease applications. The DMR denied the application, citing a lack of an approved egg source for its salmon.

Read the full article at SeaFoodSource

Judge says NMFS right whale plan still not enough

July 11, 2022 — The latest rules to reduce right whale deaths from lobster and crab gear still don’t go far enough in reducing potential mortality, according to a federal judge who has called for a new hearing to decide on remedies.

In an opinion issued Friday in Washington, D.C., U.S. District Court Judge James E. Boasberg ruled in favor of a key complaint from environmental groups who want the National Marine Fisheries Service to do more to reduce whale entanglements with vertical lines used in East Coast trap fisheries.

Now an extremely endangered species – with a population that plunged from around 481 animals in 2011 to an estimated 345 – the north Atlantic right whale is at risk from ship strikes and fishing gear entanglement. The gear issue has been subject to litigation in Boasberg’s court since 2018.

A new complaint brought by the Center for Biological Diversity, Conservation Law Foundation and Defenders of Wildlife alleged that NMFS’ own projections show that the right whale population would still lose animals to gear entanglement at a rate that would continue the path to extinction.

The plaintiff environmental groups, who have long pushed for more dramatic action from the government, praised Boasberg’s latest opinion.

The Maine Lobstermen’s Association – named as a defendant along with the Department of Commerce and NMFS – called the ruling “a mixed bag” and took heart in Boasberg’s intention to seek remedies short of shutting the fishery.

The lobstermen’s association also noted the judge’s acknowledgement that NMFS could find “that projected take [of endangered whales] is in fact lower than originally estimated.”

Read the full story National Fisherman

Weak protection for vanishing whales violates law, judge says

July 11, 2022 — The federal government hasn’t done enough to protect a rare species of whale from lethal entanglement in lobster fishing gear, and new rules are needed to protect the species from extinction, a judge has ruled.

The government has violated both the Endangered Species Act and the Marine Mammal Protection Act by failing to protect the North Atlantic right whale, U.S. District Judge James Boasberg ruled on Friday. The whales number less than 340 in the world and have been declining rapidly in population in recent years.

The ruling came after a group of environmental organizations sued the federal government with a complaint that it wasn’t doing enough to save whales from lobster gear. Boasberg’s ruling validates that claim, said Kristen Monsell, an attorney for the Center for Biological Diversity, one of the groups that sued.

The Maine Lobstermen’s Association, the largest fishing trade group on the East Coast, said in a statement that it was still reviewing the ruling. The association also pointed to a section of Boasberg’s ruling that said the National Marine Fisheries Service “may find that other measures exist to reduce lethal take, or that projected take is in fact lower than originally estimated.” That renders the ruling “a mixed bag,” the association said.

The whales were once numerous, but they were decimated during the commercial whaling era. Some scientists have said warming ocean temperatures are causing them to stray from protected areas in search of food, and that has left them more vulnerable to collisions and entanglement.

Read the full story at Associated Press

Federal court rules fisheries officials didn’t do enough to protect right whales from lobster gear

July 8, 2022 — A federal court on Friday ruled in favor of environmental groups that had filed a lawsuit against the government and the Maine Lobstermen’s Association claiming federal fisheries officials had failed to protect endangered North Atlantic right whales from potentially fatal entanglements in lobster fishing gear, records show.

A judge ruled that NOAA Fisheries had violated the Marine Mammal Protection Act and Endangered Species Act when it issued a May 2021 biological opinion and a September 2021 final rule because officials had not done enough to reduce the lobster fishery’s threat to right whales, the plaintiffs in the suit said in a statement.

The lawsuit was filed in 2018 by the Center for Biological Diversity, the Conservation Law Foundation, and Defenders of Wildlife.

Read the full story at The Boston Globe

Judge throws out Trump-era rollbacks on endangered species

July 6, 2022 — A federal judge on Tuesday threw out a host of actions by the Trump administration to roll back protections for endangered or threatened species, a year after the Biden administration said it was moving to strengthen such species protections.

U.S. District Judge Jon Tigar in Northern California eliminated the Trump-era rules even as two wildlife agencies under President Joe Biden are reviewing or rescinding the regulations. The decision restores a range of protections under the Endangered Species Act — including some that date to the 1970s — while the reviews are completed. Environmental groups hailed the decision, which they said sped up needed protections and critical habitat designations for threatened species, including salmon in the Pacific Northwest.

Tigar’s ruling “spoke for species desperately in need of comprehensive federal protections without compromise,” said Kristen Boyles, an attorney for the environmental group Earthjustice. “Threatened and endangered species do not have the luxury of waiting under rules that do not protect them.”

The court ruling comes as two federal agencies — the U.S. Fish and Wildlife Service and National Marine Fisheries Service — review five Endangered Species Act regulations finalized by President Donald Trump’s administration, including critical habitat designations and rules requiring federal agencies to consult with the wildlife or fisheries services before taking actions that could affect threatened or endangered species.

Read the full story at the AP News

Lobster industry and lawmakers await court decision to determine legality of new restrictions

June 8, 2022 — Maine and Massachusetts harvest more than 90% of the American lobsters sold in the U.S. and most lobstermen and New England lawmakers want to keep it that way.

Over the past year, a dispute over new federal regulations on Maine’s lobster industry, intended to protect the endangered North Atlantic Right Whale, have become heated as Maine’s lobster industry fights to protect the livelihoods of its workforce.

Mike Sargent, who became the captain of his own boat at 15, told Spectrum News Maine that things haven’t been too bad since the restrictions went into effect in May.

“Yes, it’s an added expense and something I’ll look into as I rewrite my business model for this year and for years in the future. But, it’s not a deal breaker yet,” said Sargent, who grew up in Milbridge and is now part of an advocacy campaign called Lobster from Maine.

The 29-year-old is worried, however, that if regulations adopted by the National Oceanic and Atmospheric Administration in 2021 are ruled lawful by the U.S. District Court of the District of Columbia, that more expensive and stricter regulations could follow.

Read the full story at Spectrum News 1

Frenchman Bay salmon farm developer sues Maine for spiking its lease application

May 31, 2022 — The company behind a controversial plan to build an industrial-scale salmon farm in Frenchman Bay is taking its case to court after the Maine Department of Marine Resources terminated its lease application last month.

American Aquafarms filed a complaint against the state in Cumberland County Superior Court last week. The Portland company, funded by Norwegian investors, proposed raising 66 million pounds of Atlantic salmon annually at two closed, 15-pen sites in Frenchman Bay, between Bar Harbor and Gouldsboro, with each pen encompassing 60 acres. The company also proposed operating a fish processing plant in Gouldsboro.

In its complaint, American Aquafarms alleges that the department’s decision was not supported by evidence. It also claims that the department spoke with a third party without its knowledge just days before the decision, violating American Aquafarms’ right to due process.

The state’s marine regulatory body terminated the application April 19. There were two major issues with it, said Jeff Nichols, department spokesperson.

First, the company failed to find a proper source for its fish eggs, according to Patrick Keliher, commissioner of the department. The hatchery listed in the application, AquaBounty in Newfoundland, is not on Maine’s list of qualified egg sources.

American Aquafarms also failed to show that the proposed hatchery satisfied genetic requirements mandated by state law, Keliher said.

Read the full story at the Portland Press Herald

Salmon purchasers net $85 mln settlement in U.S. price-fixing case

May 26, 2022 — Six international seafood companies have agreed to pay $85 million to resolve antitrust claims over an alleged conspiracy to fix the price of Atlantic farm-raised salmon, the plaintiffs’ lawyers said in a proposed settlement filed on Wednesday.

Direct-purchase class plaintiffs including Euclid Fish Co in Ohio and New Jersey’s The Fishing Line LLC alleged in claims first filed in 2019 in Florida federal court against leading Norwegian companies and others that they paid artificially inflated prices for farm-raised salmon and related products, including fillets and smoked salmon.

The defendants included Norway’s Mowi ASA, the world’s largest fish farming company.

In settling the case, the plaintiffs said they faced “significant hurdles” since the alleged misconduct “occurred years ago and often involves personnel whom defendants no longer employ.” Lawyers from plaintiffs’ firms Podhurst Orseck and Hausfeld said in court filings they represent a settlement class with 800 members.

Read the full story at Reuters

Gulf Coast commercial fishermen file lawsuit over new red grouper quotas

May 23, 2022 — The federal government will soon impose new limits on the amount of red grouper that commercial fishers can catch in the Gulf of Mexico and local business owners say that will impact the industry and their customers.

“It will definitely cost you more today. And will probably cost you more tomorrow because there’ll be less allocation,” said Frank Chivas, owner of Baystar Restaurant Group, which operates 12 restaurants in the greater Tampa Bay region.

Karen Bell, owner of A.P. Bell Fishing Company in Cortez agrees that the price for grouper is likely to rise.

“It’s limiting what we’re able to sell to the public,” she said. “When the supply is reduced, the price goes up because there’s less of it available.”

Earlier this month, the government announced an amendment to the National Marine Fisheries Service management plan. The quota for recreational fishing would rise from 24 percent to 40.7 percent, while the commercial share would decline from 76 percent to 59.3 percent.

Bell has signed on to a federal lawsuit challenging the reallocation of the red grouper harvest.

“I don’t dislike the recreational sector,” she said. “In fact, we pack bait for them and I think it’s important that they have quality time on the water just like we do but to shift it to give it to someone else when we provide it to the non-fishing public, that’s a hard pill to swallow.”

Read the full story at WUSF Public Media