Saving Seafood

DOJ Tells Court to Reject Challenge to Empire Wind’s Licensing

September 11, 2025 — The U.S. Department of Justice filed a motion in an ongoing case challenging the licensing for the construction of the Empire Wind offshore energy project, citing the lack of merit in the opposition’s claims and defending the licensing process. The filing contradicts some of the positions the Trump administration has taken to challenge other offshore wind projects.

The filing was made on September 5 in the U.S. District Court for the District of Columbia in a case filed by local opponents of offshore wind that call their group Save Long Beach Island. The group has repeatedly filed claims in court seeking injunctions against the permits issued for the wind farm projects. The current case against the U.S. Department of Commerce is seeking emergency injunctive relief to enjoin the construction of Empire Wind, which is underway, as well as the effective dates of the project’s Record of Decision and the National Marine Fisheries Service’s Letter of Authorization.

In the past, the Trump administration has cited concerns over the regulatory approvals for offshore wind projects and claimed the Biden administration rushed projects through the approval process. In April, the Bureau of Ocean Energy Management stopped offshore activity for Empire Wind, citing some of these same concerns, but a month later reversed its order and permitted the project’s offshore work to resume.

Read the full article at The Maritime Executive

Legal fight over Pebble mine could drag on after DOJ departures

July 30, 2025 — A legal battle over the proposed Pebble mine in Alaska could drag on through next year as top attorneys leave the federal government, according to legal filings the Department of Justice submitted Tuesday.

Adam Gustafson, the acting assistant attorney general for DOJ’s Environment and Natural Resources Division, told a district court in Alaska that the Trump administration needs more time to respond to the mine developers’ challenges.

Pebble Partnership, a company wholly owned by Northern Dynasty Minerals, is suing the U.S. government for blocking its plans to build copper, gold and molybdenum mine in Alaska’s Bristol Bay watershed. EPA issued a rare veto of the project in 2023 under the Clean Water Act, warning it would harm the Bristol Bay watershed and fisheries there.

Read the full article at E&E News

DOJ argues federal law allows NOAA to charge fishermen for monitors

September 19, 2024 — Out-of-pocket payments made by fishermen to federal monitors who accompany them at sea is comparable to the costs fishermen incur when they purchase new gear or equipment to comply with any other other regulations, government lawyers argue in a legal brief filed Wednesday in federal appeals court.

The brief in Loper Bright Enterprises v. Gina Raimondo, is the government’s latest volley in what has become a landmark case pitting NOAA Fisheries against a group of New Jersey herring fishermen after the Supreme Court in June rolled back a long-standing legal doctrine that gave deference to agencies like NOAA in disputes over a regulation’s interpretation.

The filing before the U.S. Court of Appeals for the District of Columbia Circuit argues that all NOAA Fisheries regulations require industry compliance and that sometimes compliance “imposes economic costs on vessels.”

Read the full article at E&E News

DOJ will appeal court order forcing troll fishery closure

May 30, 2023 — The United States Department of Justice will appeal a federal court order forcing the closure of the commercial king salmon troll fishery in Southeast Alaska.

In early May, Washington US District Court Judge Richard Jones upheld an earlier recommendation that the Southeast summer and winter king fisheries were catching too much of the food source of a dwindling population of Southern Resident Killer Whales in Puget Sound in violation of the Endangered Species Act. Judge Jones’s order required the fishery closures and required the National Marine Fisheries Service to vacate and rewrite the rules that allow for the fisheries to happen.

The DOJ’s notice to appeal was submitted on May 23, on behalf of the Department of Commerce and the National Marine Fisheries Service.

The defendant intervenors in the case, the Alaska Trollers Association and the State of Alaska filed motions earlier this month calling for a “partial stay” of the order, pending an appeal to allow the fisheries to proceed. The state argued that the court order had failed to account for the economic cultural and social harm to the troll fleet and Southeast Alaska.

Read the full article at KCAW

Blue Harvest defends its business amid rumored DOJ probe into New England groundfish rules

October 11, 2022 — New Bedford, Massachusetts, U.S.A.-based Blue Harvest Fisheries is defending its business practices amid pressure about the fisheries’ legal structure, and signs of a potential antitrust probe by the U.S. Department of Justice.

The concerns were kicked off in July 2022 by a story published in ProPublica via a partnership with The New Bedford Light highlighting the growing influence of foreign equity in U.S. fishing interests as a result of changes to federal rules adopted in 2010.

Read the full article at SeafoofSource

New York Fisherman and Fish Dealer Charged with Conspiracy, Fraud, and Obstruction

April 21, 2021 — The following was released by The United States Department of Justice:

Today, a federal grand jury in the Eastern District of New York unsealed the indictment of one fisherman, a wholesale fish dealer, and two of its managers for conspiracy to commit mail and wire fraud and obstruction in connection with a scheme to illegally overharvest fluke and black sea bass. All four defendants are from Montauk.

Christopher Winkler, 61, Bryan Gosman, 48, Asa Gosman, 45, and Bob Gosman Co. Inc. were charged with one count of conspiracy to commit mail and wire fraud as well as to unlawfully frustrate the National Ocean and Atmospheric Administration’s (NOAA) efforts at regulating federal fisheries. Winker and the corporate defendant each face substantive fraud charges. In addition, each of the defendants was charged with obstruction.

The indictment alleges that between May 2014 and July 2016, Winkler, as captain of the New Age, went on approximately 70 fishing trips where he caught fluke or black sea bass in excess of applicable quotas. This fish was then sold to a now-defunct company and unindicted co-conspirator in the New Fulton Fish Market in the Bronx. Both Asa Gosman and Bryan Gosman had an ownership interest in the defunct company. After the Bronx company went under, Winkler sold a smaller quantity of his illegal catch directly to Bob Gosman Co. Inc., a Montauk fish dealer in which Asa Gosman and Bryan Gosman had a management role. The overages of fish included at least 74,000 pounds of fluke, and the overall over-quota fish (of all species) were valued at least $250,000 wholesale.

Under federal law, a fishing captain is required to accurately detail his catch on a form known as a Fishing Vessel Trip Report (FVTR), which is mailed to NOAA. Similarly, the first company that buys fish directly from a fishing vessel is termed a fish dealer, and fish dealers are required to specify what they purchase on a federal form known as a dealer report, which is transmitted electronically to NOAA. Pursuant to statutory mandate, NOAA utilizes this information to set policies designed to ensure a sustainable fishery. The indictment alleges that the part of the conspiracy was to falsify both FVTRs and dealer reports in order to cover-up the fact that fish were taken in excess of quotas.

Additionally, Asa Gosman, Bryan Gosman, and Bob Gosman Co. Inc., acting through its agents and employees, were charged with obstructing the investigation into these crimes by corruptly withholding certain documents and records sought by a federal grand jury.

Initiated as part of Operation One-Way Chandelier, the indictment is part of a multi-year, ongoing investigation into fisheries fraud on Long Island. The case is being investigated by NOAA’s Office of Law Enforcement. Trial Attorney Christopher Hale of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section is prosecuting the case.

The defendants will be arraigned at a future date.

Read the full release here

DOJ green lights Clipper, Blue North merger

September 12, 2019 — The US Department of Justice (DOJ) has greenlit a proposed merger between the two largest Pacific cod longline companies, sources told Undercurrent News.

The DOJ review of the merger of Clipper Seafoods and Blue North, which is expected to include the Bristol Bay Native Corporation (BBNC) taking a majority stake in the combined company, was undertaken to ensure that the combined company wouldn’t create a monopoly. Sources told Undercurrent that the DOJ’s seal of approval means that the deal is likely to close this week.

Despite the combined company’s heft in the market, Clipper and Blue North argued that there are several factors that go into cod prices, like other species, “so there shouldn’t be any antitrust problems”, sources previously told Undercurrent.

Read the full story at Undercurrent News

Alaskan native group still set to buy US Pacific cod catchers if DOJ approves merger

August 1, 2019 — The merger of the two largest US Pacific cod longline catching companies is under review by the US Department of Justice (DOJ), sources familiar with the deal told Undercurrent News.

If the DOJ approves the merger, the combined company will be renamed Blue North Clipper (BNC) and then, around 30 days later, acquired by the Bristol Bay Native Corporation (BBNC), the sources said. BBNC is set to take 75% of BNC, with the existing shareholders of both companies owning the rest.

It’s thought BNC will be relocated to the offices of Clipper, which is seen as being the driver of the deal, they said. It’s also thought Dave Little, the main shareholder in Clipper, will ultimately head up the combined company. Patrick and Michael Burns, the brothers who founded Blue North, will also remain involved, sources said.

Read the full story at Undercurrent News

StarKist facing “life or death” hearing in price-fixing case

April 12, 2019 — A U.S. judge holds the fate of canned tuna company StarKist in his hands, according to a company representative speaking in federal court.

Niall Lynch, an attorney representing StarKist in a hearing with U.S. District Court Judge Edward M. Chen, called the decision in the upcoming sentencing of the company following its guilty plea “unprecedented.”

“This is a USD 50 million [EUR 44.3 million] hearing. The low end [of the fine] is USD 50 million, the high is USD 100 million [EUR 88.5 million],” he said. “This is really about the life or death of our company, and its ability to continue as an ongoing concern.”

Pittsburgh, Pennsylvania-based StarKist announced it would plead guilty on Thursday, 18 October, 2018, to fixing the prices of the canned tuna it sold in the United States between 2011 and 2013. In that time, StarKist acknowledges selling around USD 600 million (EUR 531 million) worth of canned tuna, setting its minimum criminal fine at USD 50 million and the ceiling on the fine at USD 100 million.

Attorneys representing the Antitrust Division of the U.S. Department of Justice have argued the company can afford to pay the maximum fine, but at the 14 November, 2018, hearing in which StarKist entered its guilty plea, Lynch said that amount, combined with the restitution it is paying to retailers and foodservice companies as a result of lawsuits connected to the price-fixing, will put the company’s future in jeopardy.

Read the full story at the Seafood Source

Hawaiian Longline Operators Accept $475,000 MARPOL Fine

September 12, 2018 — The U.S. Department of Justice and the U.S. Coast Guard have reached a consent decree with Hawaii-based operator Asure Fishery over the discharge of oily waste from a commercial longliner. It is the fourth MARPOL enforcement action that the USCG has brought against a Hawaiian longline fishing firm this year.

In a federal complaint filed last Friday, federal prosecutors alleged that the tuna longliner Jaxon T was not equipped for the treatment or storage of oily bilge waste under way, and she often discharged these wastes at sea. The complaint alleges that company managers Khang Quang Dang and Hanh Thi Nguyen had reason to know that the vessel lacked proper equipment for handling oily waste, but still allowed it to sail.

According to the complaint, the bulkhead separating the Jaxon T’s engine room from the fish hold had penetrations that allowed “free flow of fluids” between the two compartments. Apart from the potential safety implications of this arrangement, “substantial” amounts of water from melted ice would flow into the engine room, where it would raise the level of the water in the bilge. To address this problem, the crew would allegedly pump the bilge water directly over the side using a portable electric water pump, “one or more times per day.”

Read the full story at the Maritime Executive