Saving Seafood

Montauk Fisherman Who Took Too Much Fluke Gets a 30-Month Sentence

July 15, 2024 — A Montauk, N.Y., fisherman was sentenced to 30 months in prison on Thursday for his role in a conspiracy to harvest and sell thousands of pounds more fluke and black sea bass than limits allowed.

The man, Chris Winkler, 64, who helms a 45-foot trawler called the New Age, was convicted by a Long Island jury in October on federal charges of hauling too many fish from the sea. The jury also found him guilty of falsifying records and selling his illegal catch to partners at Gosman’s Dock, a waterfront mall and restaurant complex in Montauk, and to dealers at the Fulton Fish Market in the Bronx.

Mr. Winkler was unanimously convicted on the five counts he faced, which included criminal conspiracy, mail fraud and obstruction of justice. He was sentenced on Thursday by Judge Joan M. Azrack of the Eastern District of New York and will surrender in December.

“I consider this a serious crime,” said Judge Azrack, who called the trial “illuminating, educational and disturbing.” Mr. Winkler, she said, “undermined the integrity of the whole fisheries management program.”

Read the full article at The New York Times

New Recreational Management Effort Raises More Questions than Answers

September 3, 2021 — For longer than a year, we’ve been keeping an eye on the Recreational Reform Initiative (RRI), a comprehensive joint effort by the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) to improve the management of four key recreational fisheries—black sea bass, fluke, scup, and bluefish. The process has been complex, evolving, and largely devoid of public input. However, now that concrete alternatives for the first piece of the RRI, the Recreational Harvest Control Rule (HCR) Framework/Addendum, are out in the public sphere, its time share our thoughts and concerns—and get you, the public, up to speed with what’s going on.

Quick Background on Recreational Reform

The RRI grew out of Marine Recreational Information Program (MRIP) growing pains, specifically with regard to black sea bass. After recalibrated MRIP estimates were approved for management use in 2017, our understanding of many stocks fundamentally changed. MRIP told us that because recreational effort, catch, and landings were substantially higher than previously understood, there must have been more fish in the ocean. This resulted in a phenomenon known as “chasing the recreational harvest limit (RHL),” where managers were constantly trying to constrain recreational catches.

Earlier this year, the Council and Commission prioritized the HCR as a possible alternative and solution to the current system of managing the recreational sector. An HCR can provide relief by relying on predetermined measures (bag size, season length, and size limit) for certain scenarios like stock status and trend. Additionally, HCRs can remove the political pressures surrounding recreational management measures—when implemented and developed effectively. Leading up to the joint Council/Commission meeting in August, Council and Commission staff met several times to develop various alternatives. Following these meetings, the slate of options on the table was comprehensive and addressed many—but not all—of ASGA’s initial concerns.

Throughout this whole process, our primary concern was that the HCR appeared to offer a way for recreational fisheries to sidestep the Magnuson-Stevens Act requirement of Annual Catch Limits (ACL)—bringing back unpleasant memories from the Modern Fish Act debate on Capitol Hill in 2017-2018. If you’re wondering why that’s a concern, consider that the same groups who initially proposed the HCR were also behind the Modern Fish Act. For months, staff members grappled with developing HCR alternatives without fully sorting out how this system will adhere to ACLs. We view this as a major issue for two reasons. One, ACLs work; they have been an integral reason for the Magnuson-Stevens Act’s success in rebuilding overfished stocks. Second, catch limits are a legal requirement; operating without them or ignoring them can open NOAA Fisheries to legal liability. Details regarding how managers plan to integrate ACLs—and accountability measures—into an HCR system remains to be seen.

Another glaring issue with the HCR discussions thus far concerns the public’s lack of awareness or involvement and the rushed effort to implement a brand-new management strategy as soon as next year. Follow along for a deeper dive into the HCR alternatives, how the most recent management discussions went, and what’s next.

Read the full story at the American Saltwater Guides Association

 

Fishers Struggle as Fish Head for the Poles

August 26, 2021 — As climate change raises the ocean’s temperature, some fish species are moving poleward to cooler waters. In the United States, as elsewhere, commercial fishers are trying to adapt. But as a new study of trawler communities along the US east coast documents, fishers’ efforts to adjust are being constrained by a regulatory environment that isn’t adapting with them.

The research, led by Eva Papaioannou, a marine ecologist with the GEOMAR Helmholtz Centre for Ocean Research Kiel in Germany, looked at trawl fishing communities in 10 ports from North Carolina to Maine, where rising water temperatures have been especially pronounced.

Papaioannou and her colleagues dug into government records and vessel trip reports, examining decades of data about vessel activity patterns, distributions of fish stocks, and fish landings. They compared two periods, 1996 to 2000 and 2011 to 2015, and confirmed that the fish these communities are primarily targeting, fluke and hake, had shifted northward by up to 200 kilometers.

The scientists also interviewed members of these communities to find out how they were responding to their changing fishing grounds. “Fishers are on the water every day, so they see these changes, and they’re incredibly adept at dealing with variability,” says Becca Selden, a biologist at Wellesley College in Massachusetts, and a study co-lead.

The team found that the majority of fishers remained in their traditional grounds, but switched to targeting different, more abundant species. “Most prior work assumed that there wouldn’t actually be species switching,” says Selden. “But this was one of the dominant strategies that we observed.” As the scientists wrote in their study, this desire for “spatial stability” of fishing grounds was both the preferred strategy among all fisher communities surveyed, but also the most sustainable practice for local fish stocks.

Read the full story at Hakai Magazine

New paper sheds light on fisher strategies for shifting stocks

August 2, 2021 — New research from Rutgers University has investigated community and fisher strategies for adapting to stocks changing as a result of ocean warming.

The paper, “Not All Those Who Wander Are Lost – Responses of Fishers’ Communities to Shifts in the Distribution and Abundance of Fish,” focused on the groundfish trawl fishery in Northeast U.S., an area that is already seeing warming temperatures and is considered a hotspot for the effects of global warming.

Read the full story at Seafood Source

Northeast summer flounder: Prices return, landings on track to beat 2020

July 6, 2021 — The 2021 quota for summer flounder, or fluke, is 12.48 million pounds — up from last year. As of late May, almost 37 percent of quota had been landed, according to NOAA. So far, since the start of the 2021 fishing year, landings are up, compared to last year for January to April. In general, state allocations vary each year, based on the overall quota.

Not surprisingly, 2020 was defined by major market disruptions as a result of the covid-19 pandemic. But in some respects, the pandemic may not have had as large an impact on summer flounder compared to other species, in part, because it is a very well-established staple item in many regions. At times in 2020, fishing effort may have gone down, but some in the industry were lucky to be able to pivot to retail sales when restaurant markets tanked.

Average commercial ex-vessel price for fluke consistently increased from 2011 to 2017, reaching a peak at $4.40 per pound, but then fell in 2019. Total ex-vessel value in 2019 was $28.54 million. The 2020 average price per pound was depressed, relative to recent years — coastwide average ex-vessel price was $2.58 per pound (whereas in 2016-19, it averaged around $3.75 per pound.)

“2020 was definitely an odd year due to covid,” says Kiley Dancy of the Mid-Atlantic Fishery Management Council. “We observed a clear decline in landings compared to 2019, starting in April last year and lasting for a few months.” But eventually, adds Dancy, landings did return to “normal,” relative to the 2019 trajectory. When all was said and done, 2020 commercial landings ended up very close to 2019. “Preliminary data indicate 9.11 million pounds landed in 2020,” Says Dancy, “compared to 9.06 million pounds in 2019.”

Read the full story at National Fisherman

Montauk Gosman fish dealer family members arraigned on conspiracy, obstruction charges

May 19, 2021 — Two fish dealers who are members of the Montauk-based Gosman family pleaded not guilty to conspiracy and obstruction charges in federal court in Central Islip Wednesday in a case alleging they dealt in illegally caught fluke and black sea bass.

Bryan and Asa Gosman entered not-guilty pleas before U.S. Magistrate Judge James Wicks to a two-count indictment alleging they conspired to defraud the government by submitting false fishing reports and obstructed justice by withholding documents or emails requested in a grand-jury subpoena. The men were released on $100,000 signature bonds with their travel restricted to the continental United States.

George Stamboulidis, an attorney for the Gosmans, declined to comment outside the courtroom. He had requested the men be released without the $100,00 bond, which Wicks denied.

Christoner Winkler, a Montauk fisherman who allegedly sold the Gosmans fish caught over the legal limits, was arraigned last week and pleaded not guilty to related conspiracy and obstruction charges, said his lawyer, Peter Smith of Northport, who declined to comment further.

The federal indictment unsealed last month charges Winkler, 61, Bryan Gosman, 48, and Asa Gosman, 45, with a conspiracy the government said took place between May 2014 and July 2016 involving more than $250,000 of over-quota fluke and black sea bass.

Read the full story at Newsday

Montauk Fisherman and Wholesalers Indicted in Fraud Scheme

April 22, 2021 — A federal grand jury has indicted two members of Montauk’s Gosman family and a commercial fishing boat owner on charges of conspiracy to commit fraud and obstructing an investigation in connection with a scheme to sell at least $250,000 in illegally caught fluke and black sea bass. The United States Department of Justice announced the indictment on Wednesday.

The indictment stems from about 70 fishing trips that Christopher Winkler, 61, also of Montauk, made aboard his boat New Age from May 2014 to July 2016 during which he took fluke and black sea bass in excess of federal catch quotas, according to the Department of Justice. The fish was sold to a now-defunct company, Greater New York Fish, at the New Fulton Fish Market in the Bronx that was owned in part by Asa Gosman, 45, and Bryan Gosman, 48.

After the Bronx company stopped operating, Mr. Winkler continued to sell the allegedly illegal catch to the two men, through Bob Gosman Co., in which they had an ownership role, the Justice Department said.

The grand jury charged Mr. Winkler, Bryan Gosman, and Asa Gosman with one count each of conspiracy to commit mail and wire fraud as well as to unlawfully frustrate National Ocean and Atmospheric Administration regulatory efforts.

Read the full story at The East Hampton Star

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

Climate Change Is Reshaping Atlantic Fisheries and Sending This Fluke Fight to Court

February 19, 2020 — By his own account, Anthony DiLernia is a guy who can make friends with any angler. For 45 years he’s run a fishing charter boat out of New York Harbor, and he’s served as a member of the Mid-Atlantic Fishing Council on and off for almost as long.

But get DiLernia on the subject of Paralichthys dentatus, aka summer flounder, aka fluke, and his voice gets territorial in a harbor kind of a way. What steams him are the wide variances in the amount the fish the federal government permits each state to catch. The uneven allocations are the reason that Southern fishermen routinely travel hundreds of miles to the waters off Long Island to trawl for fluke that local fishermen are forbidden to catch.

These state quotas, which are meant to prevent a species from being fished out of existence, are based on patterns of where the fish were brought in to docks in the 1980s. Back then summer flounder were clustered off Cape Hatteras, which explains, in part, how Virginia and North Carolina together get more than 50% of the annual quota, whereas New York gets only a little more than 7%.

But anyone who spends any time with a net knows warming waters have been pushing fluke steadily north. “You know all those critters who used to live down South? Guess what? They’ve moved to the Bronx,” DiLernia said.

“Our guys will be fishing right along their guys 80 miles off Long Island,” he said with indignation rising in his voice. “We catch more than a couple hundred pounds, and we have to throw the rest back—which is a total waste. Meanwhile, they are filling their freezer and driving back to North Carolina. With diesel fuel. What do you think that does to the environment?”

Read the full story at Bloomberg

New rule allows New Bedford fishermen to stop throwing away fish

December 9, 2019 — A regulatory change long sought by groundfishermen — which will lessen the dangers of working at sea, reduce fuel costs and stabilize fishing stocks — is expected to go into effect Jan. 1 in the Bay State for the start of the winter fluke season, officials said.

The change, which is also expected to be made in Rhode Island and Connecticut, will allow fishermen to make one trip and then return to the three states and offload their catches without going back to sea after every offload, officials and fishermen said. The conditions are that they must have licenses to catch fluke in the states where they offload, and the states must be open for catching fluke.

Currently, fishermen go to sea, come back to a port in Massachusetts and offload their catch, discarding fish that are over their quota. Then they return to sea for a second time, offload a second catch in Rhode Island, if they have a license there, and again discard fish that are over the limit. Finally, they make a third trip to sea, offload their catch in Connecticut, if they have a license there, and again discard any fish beyond their quota.

“We just want to go from state to state and not kill fish unnecessarily. Anyone who thinks fishermen don’t care about fish is wrong,” said Tony Borges, owner and captain of Sao Paulo, an 87-foot dragger out of New Bedford. “We want to catch all the limits (in one fishing trip) and deliver it.

“It is so much better than going out and unload, and going out and unload, and going out and unload, if they (the states) are open (for catching fluke),” he said.

Read the full story at the New Bedford Standard-Times