Saving Seafood

Law

Lawsuit filed over Trump plans for offshore drilling tests

December 12, 2018 — Environmental groups sued the Trump administration Tuesday over offshore drilling tests, launching a legal fight against a proposal that has drawn bipartisan opposition along the Atlantic Coast.

The lawsuit filed in federal court in Charleston, South Carolina, claims the National Marine Fisheries Service violated the Marine Mammal Protection Act, the Endangered Species Act and the National Environmental Policy Act when it issued five permits for the use of seismic air guns.

“This action is unlawful and we’re going to stop it,” Diane Hoskins, campaign director at OCEANA, said in a news release. “The Trump administration’s rash decision to harm marine mammals hundreds of thousands of times in the hope of finding oil and gas is shortsighted and dangerous.”

The coalition includes OCEANA, the Southern Environmental Law Center, the Natural Resources Defense Council, Earthjustice, Center for Biological Diversity, Surfrider Foundation, Defenders of Wildlife, One Hundred Miles and the Sierra Club, as well as the South Carolina Coastal Conservation League and the North Carolina Coastal Federation.

The blasts are conducted in preparation for potential offshore drilling, which the administration has proposed to expand from the Atlantic to the Arctic and Pacific oceans. The five-year plan would open 90 percent of the nation’s offshore reserves to private development.

Read the full story from the Associated Press at ABC News

West Coast fishermen are suing oil companies for climate change damages

December 5, 2018 — Fishermen are still waiting for permission to catch Dungeness crabs off California’s northernmost coast this season — and they want oil companies to pay for the delay.

State officials have postponed the start of the commercial Dungeness crab season because of high levels of a neurotoxin called domoic acid. Similar closures have wreaked economic havoc on the industry in recent years.

he neurotoxin’s presence in the prized crabs has been linked to warming ocean waters, one of the many effects of human-caused climate change. That’s why the West Coast’s largest organization of commercial fishermen is suing more than a dozen oil companies, arguing they have knowingly peddled a product that threatens ocean life and the people whose economic fortunes depend on it.

The oil companies “engaged in a coordinated, multi-front effort to conceal and deny their own knowledge of those threats, discredit the growing body of publicly available scientific evidence, and persistently create doubt,” the Pacific Coast Federation of Fishermen’s Assns. said in its lawsuit, filed last month.

“Families and businesses that depend on the health and productivity of the Dungeness crab fishery to earn their livings suffer the consequences,” the federation said.

Read the full story at the Los Angeles Times

Appeals court blocks another US gov’t effort to overcome Mexico gillnet import ban

November 30, 2018 — The US Court of Appeals for the Federal Circuit on Wednesday shot down an effort by the US National Marine Fisheries Service (NMFS) and other federal agencies to end a four-month-old ban on the import of Mexican shrimp and other seafood caught in the country with the use of gillnets.

The decision to reject a “stay of the order” request backs a US Court of International Trade (CIT) ruling, issued in July, that was sought by the Natural Resources Defense Council (NRDC), Center for Biological Diversity and Animal Welfare Institute as part of an effort to protect the endangered vaquita porpoise in the northern Gulf of California from being driven into extinction by pressuring the Mexican government.

Widely decimated by the use of gillnets in pursuit of the totoaba — another endangered fish sought for its swim bladder due to black market demand in China — there are believed to be a little more than a dozen vaquita remaining.

Read the full story at Undercurrent News

Judge returns two vessels to Carlos Rafael’s wife

November 29, 2018 — The wife and another business partner of Carlos Rafael will retain ownership of two of the four fishing vessels seized by the federal government as part of the penalties for the array of crimes committed by the man known as “The Codfather.”

U.S. District Court Judge William G. Young, in his final order of forfeiture, said the F/V Lady Patricia and the F/V Olivia & Rafaela — and all federal fishing permits associated with each vessel — will be forfeited to the federal government as part of the final seizure agreement.

Young also ordered the forfeiture of $306,490 to the federal government in addition to the $17,500 judgment already paid by Rafael as part of his plea agreement.

Two of the other forfeited vessels — the Bulldog and Southern Crusader II — will be released to corporations that include Rafael’s wife, Conceicao Rafael, as an owner.

The 75-foot Bulldog will be released to B & D Fishing Corp. and Conceicao Rafael. The 81-foot Southern Crusader II is set to be released to R and C Fishing Corp. The corporation, according to the order, includes Conceicao Rafael and Joao Camarao as owners.

The convicted and currently incarcerated Carlos Rafael, according to the order, ceases to hold any “right, title or interest” in either the forfeited or released vessels. The order, however, retains Carlos Rafael’s ability to defend himself against any future claims from NOAA Fisheries.

Read the full story at the Gloucester Daily Times

Trade group takes fuel companies to court over Dungeness crab closures

November 27, 2018 — A trade group representing commercial fishermen on the West Coast of the United States has filed a lawsuit in a California court claiming petroleum companies have significantly harmed the Dungeness crab fishery in that state and neighboring Oregon.

The Pacific Coast Federation of Fishermen’s Association filed the suit in a San Francisco, California court last week against 30 fossil fuel makers. They claim actions by the defendants – which include Chevron, ExxonMobil, Dutch Shell, Citgo, ConocoPhillips and Marathon Oil – have led to algae blooms in the Pacific Ocean. Those blooms lead to a buildup of domoic acid, a harmful neurotoxin, in the crabs.

The lawsuit states fuel companies have known for a half-century that their products have led to climate change, with the waters for the crab fishery growing warmer. As a result, the Dungeness crab fishery has suffered through repeated closures since 2015.

“We are seeking to implement measures, at the fossil fuel industry’s expense, that will help crabbers adapt to a world in which domoic acid flare-ups will be increasingly common, and also help those crabbers who suffer financial losses as a result,” said Noah Oppenheim, the association’s executive director, in a news release.

Just days before the lawsuit, California Department of Fish and Wildlife officials announced that the Dungeness crab fishery, originally scheduled to open on 15 November, would be suspended indefinitely along the Sonoma County coast, located roughly 70 miles north of San Francisco.

Read the full story at Seafood Source

West Coast crab fisherman sue 30 fossil fuel companies, citing economic losses due to climate change

November 15, 2018 — The day before commercial fishermen were due to bring the first of the season’s Dungeness crab to Bay Area docks, they made other news.

On Wednesday, West Coast crab fishermen filed a lawsuit alleging that 30 fossil fuel companies are to blame for the past several years of delayed seasons and disastrous economic losses due to ocean warming. Specific complaints include strict liability, failure to warn and negligence.

“The scientific linkage between the combustion of fossil fuels and ocean warming, which leads to domoic acid impacts in our fisheries, is clear,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, which filed the suit in California State Superior Court in San Francisco on behalf of California and Oregon crab fishermen. “We know it, and it’s time to hold that industry accountable for the damage they’ve caused.”

West Coast crab fishermen have experienced significant losses during the past three years, starting in the 2015-16 season when massive algal blooms caused by warm ocean temperatures resulted in a domoic acid outbreak that caused a months-long delay. The season was partially delayed again during the 2016-17 season for the same reason.

In California, Dungeness crab brought in over $47 million in 2017 and $83 million in 2016; the amount was down to $17 million in 2015, during the industry’s first major problem with domoic acid. Oppenheim said that that the 2015-16 closure cost the industry $110 million in lost revenue. There are nearly 1,000 Dungeness crab permit holders in California and Oregon.

Read the full story at the San Fransisco Chronicle

Trial date set in case of clam espionage

November 7, 2018 — The federal trial between Gloucester-based National Fish and Seafood and the Florida-based seafood processing competitor it accuses of corporate espionage now is not expected to commence until at least midway through 2019.

U.S. District Court Judge Leo T. Sorokin on Monday set next July 22 as the opening trial date in the lawsuit between National Fish and competitor Tampa Bay Fisheries of Dover, Florida.

In the lawsuit, initially filed last July, National Fish accuses Tampa Bay Fisheries of hiring away Kathleen A. Scanlon, a 23-year employee at National Fish, and using her to help steal recipes, client information and other trade secrets on her way out the door from the Gloucester company.

The order by Sorokin, who sits in the U.S. District Court in Boston, also established the discovery schedule for the trial and set a status conference with attorneys from both sides for the afternoon of April 17.

If Sorokin’s trial date holds, the trial will begin almost exactly one year since the the intellectual property battle between the two seafood processing competitors burst into the public consciousness.

Read the full story at the Gloucester Daily Times

As the guilty pleas pile up in tuna case, will consumers ever get anything back?

November 6, 2018 — First, Chicken of the Sea came forward as a whistleblower. Last year, Bumble Bee Foods pleaded guilty, followed by StarKist Co. in October.

The big three tuna companies — familiar names on the shelves of your nearest grocery store — have been under investigation by the U.S. Department of Justice for keeping the price of canned and pouched tuna artificially high.

It’s a high-level antitrust case involving lots of big companies, but it’s also the kind of case that reaches all the way down to the grocery store checkout and family budgets.

Thomas Burt, an attorney with the law firm Wolf Haldenstein Adler Freeman & Herz, said with consumer cases like this, “Psychologically, these hit home in a way that others don’t.”

“If a group of companies fix the price of basic industrial chemicals or computer chips that we use in the devices around us, the psychological distance is further. We don’t feel it as directly,” Mr. Burt said. “This is a product that people have a relationship with. They know this brand. They’ve eaten it since they were kids.

“It’s a kick in the pants for consumers,” he said.

It remains to be seen if consumers will be directly compensated in some way, and, if so, how.

The packaged seafood market, which also includes salmon, shrimp, clams and the like, is a multibillion-dollar industry in the United States. Tuna represents about 73 percent of the market and generates about $1.7 billion in annual sales, according to court documents.

Read the full story at The Pittsburgh Post-Gazette

Former captain in Bristol sheriff’s department gets one year probation in Codfather smuggling case

November 6, 2018 — He got caught in the net, but he avoided prison.

A former captain with the Bristol County Sheriff’s Office was sentenced Monday to a year of probation for helping the infamous New Bedford fishing magnate dubbed the Codfather smuggle profits from his overfishing scheme to Portugal, prosecutors said.

The convict and former captain, Jamie Melo, 46, of North Dartmouth, learned his fate during a sentencing hearing in US District Court in Boston, according to US Attoney Andrew E. Lelling’s office.

A jury in that courthouse convicted Melo in June of conspiracy to commit offenses against the United States and structuring the export of monetary instruments, Lelling’s office said in a statement.

Melo was acquitted of bulk cash smuggling, the release said. He’ll be confined to his home during the first eight months of his yearlong probation, according to Lelling’s office.

“During the trial, evidence showed that while at Logan International Airport Melo asked his friends and travel companions to carry envelopes of cash for [Codfather Carlos] Rafael on a flight to the Azores in Portugal,” the release said. “At the time, Melo was an Administrative Captain with the Bristol County Sheriff’s Office and was traveling to the Azores with Rafael for a charity event sponsored by the Bristol County Sheriff’s Office. Prior to the flight, Melo asked three of his travel companions to follow him into the men’s bathroom at Logan Airport before going through the TSA Security Checkpoint.”

Read the full story at The Boston Globe

Conservation group seeks judgement in California crab gear lawsuit

November 1, 2018 — A year after the Center for Biological Diversity filed a federal lawsuit against the state of California regarding its Dungeness crab fishery, the conservation nonprofit has requested the judge in the case issue a summary judgement ruling in its favor.

A lawyer for the CBD said the organization filed the motion for summary judgement last week in the U.S. District Court’s North California District in hopes of preventing more animals from getting entangled in the crab traps set by commercial fishermen. Through July, there have been 22 whale entanglements this year, according to the group.

The federal Endangered Special Act prohibits encounters with humpback whales, blue whales, and leatherback sea turtles that could lead to injury or death, and a favorable ruling would force state officials to take action, Kristen Monsell, the center’s ocean’s program legal director, said in a statement.

“Another crab season starts (this month), creating a minefield of heavy gear that migrating whales must navigate,” she said. “We need the court to order state officials to stop causing the injury and death of endangered whales and sea turtles while managing this fishery.”

Judge Maxine M. Chesney isn’t scheduled to rule on the motion until 8 February.

Earlier this year, the state’s legislature passed an omnibus fisheries bill that called for the state’s Department of Fish and Wildlife to adopt rules that take into consideration the potential risk for entanglements. Until the regulations take effect, the state could restrict fishing for Dungeness crab in certain areas where the fishery “poses a significant risk” for whales and other marine life.

Read the full story at Seafood Source