February 15, 2019 — The Center for Biological Diversity on Wednesday sued the U.S. government for not releasing public records on why it denied protections for Pacific bluefin tuna, a sushi delicacy, under the Endangered Species Act.
In 2016, CBD petitioned the National Marine Fisheries Service to list the Pacific bluefin tuna as threatened or endangered under the ESA and to designate critical habitat concurrently with its listing.
February 11, 2019 — A man wanted on an outstanding warrant out of Union County was apprehended by the Coast Guard aboard a commercial fishing vessel on Friday.
The crew from the 87-foot Coast Guard cutter Shrike boarded the vessel at 1:30 p.m. in Sandy Hook Bay to arrest the suspect, who was a member of the commercial fishing vessel’s crew sought in New Jersey for the “use of dangerous drugs,” the Coast Guard said in a prepared statement.
February 1, 2019 — SEAFOOD NEWS — A federal court has rejected the California Department of Fish and Wildlife’s bid to delay a lawsuit alleging it’s not doing enough to prevent its commercial Dungeness crab fishery from entangling whales and sea turtles in violation of the federal Endangered Species Act.
The Center for Biological Diversity sued the department in October 2017 after whale entanglement numbers broke records for three straight years.
“This is an important win in our fight to protect whales and sea turtles from suffering and dying in crabbing gear. It’s time for California regulators to stop delaying and take action,” Kristen Monsell, oceans legal director at the Center, said in a press release. “The court recognized that it can’t just sit on the sidelines while state officials have no plan to prevent entanglements. Talking and holding endless meetings isn’t enough.”
U.S. District Court Judge Maxine Chesney denied the department’s motion to stay the case for two and a half years while it applies for an ESA Section 10 federal permit, which would require preventive measures. California sent a letter to NOAA last year, indicating the agency’s plans to formally file for the permit.
In the meantime, California has taken steps to avoid whale entanglements. The Dungeness Crab Fishing Gear Working Group published a best practices guide for fishermen It also established the Risk Assessment and Mitigation Program (RAMP) to support the state in working collaboratively with experts (fishermen, researchers, NGOs, etc.) to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce risk of entanglement. Working with federal scientists, the group also solicits periodic flyovers to find concentrations of gear and concentrations of whales. With that information, fishermen can voluntarily get their gear and/or try to avoid whale interactions.
The Pacific Coast Federation of Fishermen’s Associations filed as an intervenor in the lawsuit and continues to support the industry in its efforts to avoid whale entanglement.
“No commercial fisherman wants to entangle whales or sea turtles in their fishing gear – doing so is not only a public relations disaster, but will likely destroy that gear, can damage their boats and can even be life-threatening,” the PCFFA states in its Memorandum in Support of Motion for Intervention in March 2018. “Many commercial fishermen voluntarily participate in programs to identify and rescue marine animals (especially whales) from entanglements in commercial fishing gear, often at great personal peril.”
On Feb. 22 the court is scheduled to consider the Center’s motion for summary judgment, the Center said in a press release.
In 2016 federal officials confirmed that the California commercial Dungeness crab fishery entangled at least 23 animals. As of late November, at least 36 whale entanglements had been reported off California in 2018, including at least five humpback whales entangled in California commercial Dungeness crab gear, the Center said in the statement.
California’s attention to this issue a few years ago has resulted in several gear workshops that included researchers, developers and fishermen coming together to try to solve or mitigate whale entanglement issues on the entire West Coast. Both Oregon and Washington now have their own gear/entanglement groups, working on problems and proposing incremental steps to prevent entanglements. Washington also has notified NOAA it intends to apply for an ESA Section 10 permit for its Dungeness crab fishery.
This story was originally published by SeafoodNews.com, a subscription site. It is reprinted with permission.
January 31, 2019 — Atlantic Capes Fisheries and BJ’s Service Company, Inc. have agreed to pay a total of USD 675,000 (EUR 587,600) in a settlement with the U.S. Equal Employment Opportunity Commission related to four women who said they were sexually harassed in the workplace.
The lawsuit, which was settled on 30 January, stems from allegations by the EEOC that sexual harassment was perpetrated by managers, line supervisors, and co-workers of IQF Custom Packing Inc. in Fall River, Massachusetts. The allegations include unwanted touching, solicitations for sex, and crude comments, according to the EEOC, which constitute violations of Title VII of the Civil Rights Act.
The settlement will be paid out between Atlantic Capes and BJ’s – a staffing agency located in New Bedford, Massachussets. The terms include Atlantic Capes paying USD 130,000 (EUR 113,000) to three women, and USD 75,000 (EUR 65,200) to one woman. According to Atlantic Capes, three of the women have decided to remain employed with the company, while the workers who harassed the women are no longer employed at either company.
According to Atlantic Capes, the lawsuit stems from claims that “largely predate” the company’s acquisition of the Fall River packing facility in 2013.
January 28, 2019 — Illegal sales of baby eels that caused last year’s abrupt closure of Maine’s elver fishery have resulted in criminal charges for two baby eel dealers and new rules from the state proposing closer oversight of the lucrative fishery.
The alleged criminal behavior, in which some dealers are accused of using prohibited cash transactions to conceal baby eel purchases from the state’s mandated electronic sales monitoring system, is the latest illicit scheme to be uncovered in Maine’s baby eel fishery.
Ever since the value of the eels, also known as elvers, jumped from an average price of $100 per pound a decade ago to more than $2,300 per pound last year, fishery regulators have had to contend with increased poaching and smuggling.
The Maine dealers accused of making illegal cash purchases of elvers last spring are Roger Bintliff and Freddie Mei, according to Jeff Nichols, spokesman for the state Department of Marine Resources.
January 22, 2019 — A federal judge in California on Friday, 22 January, upheld her decision from last year that claimed NOAA Fisheries did not follow the law when it set the catch limit on an anchovy stock in the state.
The ruling from U.S. District Judge Lucy Koh means the agency will need to set a new limit on the central population of northern anchovy. Environmental advocates argued federal officials kept that figure stationary since 2000 and used nearly 30-year-old data in setting it.
“This decision holds [NOAA Fisheries] to fundamental standards intended by Congress, which require the government to sustainably manage our nation’s fisheries for the benefit of both fishermen and dependent species,” said Mariel Combs, an Oceana attorney in a press release.
Oceana filed the suit in November 2016, a month after NOAA Fisheries maintained the 25,000 metric ton (MT) limit. The environmental organization, represented by Earthjustice is the suit, argued that the catch limit was based on a 1991 study that reported a biomass of more than 700,000 metric tons.
Diane Pleschner-Steele, executive director for the California Wetfish Producers Association, told SeafoodSource she was disappointed in Koh’s ruling. She added, however, that the judge did not set a catch limit and ruled that the agency needs to use the best scientific data available to set its limits.
“In any case, there is general agreement, even from Oceana, that the anchovy population has exploded and available data now find the biomass at historic levels,” Steele said.
Steele also noted that members of the Pacific Fishery Management Council management team will be meeting soon to discuss the next steps in wake of the ruling.
January 22, 2019 — Federal fishing regulators have until April 16 to rewrite a rule that sets annual catch limits (ACL) for commercial fishing of anchovy in federal waters off the northern coast of California, a judge has ruled.
The Jan. 18 order from federal judge Lucy Koh enforces a judgment in a lawsuit brought in 2016 by the environmental activist group Oceana against the National Marine Fisheries Service (NMFS).
Oceana’s lawsuit questioned the science that NMFS relied on in reaching a 2016 decision to set the ACL for northern California anchovy at 25,000 metric tons. The agency set that limit — even though landings typically only total less than a third of that, 7,300t — judging the stock’s maximum sustainable yield to be 123,000t, and calculating an acceptable biological catch of 100,000t. The ACL was set, conservatively, the agency said, at a fourth of that level.
Speaking to Undercurrent in June 2018 about the ruling, Diane Pleschner-Steele, the executive director of the California Wetfish Producers Association, disagreed with the biomass estimates, but because the harvesters her group works with are seeing more anchovies, not fewer.
Pleschner-Steele said that her group worked in 2017 with the California Department of Fish and Wildlife to perform an aerial survey of anchovy stocks.
“The department’s plane flew along the coast inside the area that the NOAA acoustic trawl survey was transecting at the same time, and our spotter pilot estimated tonnage of the schools he observed,” she wrote. “We documented tens of thousands of tons of coastal pelagic species — both sardine and anchovy — that the NOAA cruise did not see or factor into its assessment because they survey largely offshore and don’t come into nearshore waters. This is now recognized as a problem, and we’re hopeful that we can improve stock assessments over time.”
January 21, 2019 — A federal judge in South Carolina has turned back the Trump administration’s attempt to continue preparatory work for offshore drilling during the federal government’s partial shutdown, issuing a ruling in a federal lawsuit challenging the overall expansion plans.
In his order, U.S. District Judge Richard Gergel halted federal agencies “from taking action to promulgate permits, otherwise approve, or take any other official action” for permits to conduct testing that’s needed before drilling work can begin.
The ruling comes a few days after President Donald Trump’s decision this week to recall workers at the Bureau of Ocean Energy Management so they could continue to process testing permits for possible drilling off the Atlantic coastline. The recall drew an objection from the U.S. House Natural Resources Committee chairman, Democratic Rep. Raul Grijalva (gri-HAWL-vah) of Arizona. He called on Acting Interior Secretary David Bernhardt to reverse course or provide a briefing on the legal justification for the move.
Earlier this month, South Carolina joined a federal lawsuit opposing the administration’s plans to conduct offshore drilling tests using seismic air guns. Gergel is overseeing that case, initially filed by environmental groups and municipalities along the state’s coast.
The suit challenges permits for the testing that precedes the drilling itself. It claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act in issuing the permits.
January 18, 2019 — Jack Ventola, the imprisoned founder and president of Gloucester-based National Fish & Seafood, is appealing his two-year prison sentence, claiming he received a more severe punishment than one of his convicted co-conspirators.
Ventola, 71, is in the midst of his 24-month sentence at the Federal Medical Center Devens he started last July. He was convicted April 27 in U.S. District Court in Boston of failure to pay taxes on $2.9 million he fraudulently diverted from National Fish in schemes that ran from 2006 to 2013.
As part of his plea deal, Ventola admitted conspiring with two other National Fish executives — senior sales executive Richard J. Pandolfo and head of operations James Corbett, who died in 2013 and was never criminally charged —and National Fish accountant and board member Michael Bruno in several schemes to defraud the IRS and majority National Fish owner Pacific Andes.
January 8, 2019 — Less than a month after the New York Attorney General’s office said it found “rampant” seafood mislabeling at New York supermarkets, one of the retailers involved faces a potential class action lawsuit.
In mid-December, the New York Attorney General’s office said it found that around a quarter of the seafood sampled at New York grocery retailers was mislabeled. While Oceana and universities have studied retail seafood mislabeling, the New York AG’s report is the first major U.S. government investigation of seafood fraud within supermarket chains.
The AG office found that a small subset of supermarket brands – Food Bazaar, Foodtown, Stew Leonard’s, Uncle Giuseppe’s, and Western Beef – were responsible for a “vastly disproportionate share of suspected mislabeling” in New York.
Now, Shelby Franklin, a New York consumer, is suing Norwalk, Connecticut-based Stew Leonard’s over its allegedly mislabeled wild sockeye salmon and red snapper.
The class action complaint, filed in U.S. District Court for the Eastern District of New York, alleges that Stew Leonard’s “routinely took advantage of consumers’ preferences for certain fish species and characteristics by labeling and passing off low-demand, less healthy, and less environmentally-friendly fish as more desirable, healthier, and more sustainable varieties of fish.”