Saving Seafood

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

New York sues NOAA for bigger share of summer flounder quota

October 16, 2019 — The state of New York has filed a federal lawsuit against the National Oceanic and Atmospheric Administration (NOAA) and the National Marine Fisheries Service (NMFS) looking to challenge the 2020-20201 quota allocated in relation to the commercial fluke (summer flounder) fishery.

In the lawsuit, filed Oct. 10 in the US Southern District of New York, Basil Seggos, commissioner of the state’s Department of Environmental Conservation, charges NMFS, NOAA and also the parent US agency, the Department of Commerce, with violating the Magnuson Stevens Act and Administrative Procedures Act.

New York’s lawsuit describes how New York’s annual fluke quota is based on a state-by-state allocation formula that was adopted by NMFS in 1993, using landings data from 1980-1989. In the 1980s, the fluke population had been fished to low levels and was centered south of its present location, the state says. The species’ population has since recovered and migrated northward due, in part, to rising water temperatures from climate change.

Read the full story at Undercurrent News

NEW YORK: Statement from Governor Andrew M. Cuomo on Dismissal of Case Regarding Fluke Quotas

September 3, 2019 — The following was released by The Office of Governor Andrew M. Cuomo (D-NY):

“New York’s commercial fishing industry is a critical driver of our economy that has been held back by outdated federal restrictions for decades. The hardworking men and women of this industry deserve equitable treatment so they can succeed and grow their businesses and continue to boost their local economies.

“New York will continue to challenge this unfair quota and explore every avenue to ensure that New York’s access to summer flounder is consistent with national standards and our state’s fishing industry can continue to thrive.”

Read the full release here

Judge dismisses NY’s lawsuit over commercial fluke quotas

September 3, 2019 — A federal judge has dismissed New York’s lawsuit seeking to challenge the state’s relatively small portion of the East Coast commercial fluke quota as a. congressman called for local fishermen to not comply with the restrictive allotment.

With little fanfare, U.S. District Judge Sandra Feuerstein on July 30 issued an order dismissing the case, allowing the state 10 days to file a notice to reargue its claims by next April. Court records showed no such filing had been made. New York’s original complaint was filed Jan. 14. Gov. Andrew M. Cuomo first threatened to sue over New York’s low quota at an event in Montauk in 2013.

Meanwhile, Rep. Lee Zeldin (R-Shirley) on Friday recommended that New York commercial fishermen go out of compliance with the fluke quota system in what would be a clear signal to Washington of their frustration with the process.

Read the full story at Newsday

More fluke could be coming for Connecticut fishermen

March 20, 2019 — Three members of the state’s Congressional delegation — U.S. Rep. Joe Courtney, D-2nd District, and Sens. Richard Blumenthal and Chris Murphy — have announced that the Mid-Atlantic Fishery Management Council will be recommending changes to the management plan for summer flounder that will dramatically increase the quota for the state’s commercial fishermen.

Fishermen have been fighting for decades to obtain more fish under a system that they call unfair and skewed in favor of fishermen from the mid-Atlantic states.

Courtney, Blumenthal and Murphy had written a letter to MAFMC and the Atlantic States Marine Fisheries Commission, urging the agencies to increase quotas for Connecticut fishermen.

Read the full story at The Day

 

NEWSDAY: New York right to angle for fairer fluke catch

February 5, 2019 — The state’s pursuit of fair quotas for New York’s commercial fluke fishery has been its own white whale story.

The hunt has been futile, and it’s lasted for years. Thankfully, officials have not lost their passion for reeling in a sensible solution. We applaud Attorney General Letitia James and Gov. Andrew M. Cuomo for filing a lawsuit against the federal government demanding more equitable quotas. The evidence is entirely on New York’s side.

The quotas, set by federal regulators in 1993, were based on flawed and incomplete data that underreported the amount of fluke caught by New York’s commercial fishery in the 1980s. The quotas left New York fishers utterly unable to compete with their peers from other states. New York was allotted 7.6 percent of the entire Atlantic Coast fluke catch. Outrageously, Rhode Island was granted 15.7 percent, New Jersey 16.7 percent, Virginia 21.3 percent, and North Carolina 27.4 percent.

Read the full opinion piece at Newsday

New York files suit over low commercial fluke quota

January 15, 2019 — New York State has filed suit against the Trump administration to officially contest the state’s “unfair” share of the federal quota for fluke,  state Attorney General Letitia James and Gov. Andrew M. Cuomo announced Monday.

The suit follows release of December 2018 allocations for fluke that the state said remained disproportionately small and based on “inaccurate and outdated” fishing data, James said in a statement.

Cuomo had first said the state would sue in 2013, but as recently as last year refrained from doing so as it attempted other remedies, including a petition filed with the federal government. “The message is loud and clear: we will fight this unfair quota until New York’s access to summer flounder is consistent with national standards,” Cuomo said in a statement.

Hundreds of  Long Island commercial fluke fishermen have for decades decried New York’s share of the commercial fluke quota, which stands at just 7.6 percent, compared  with 21.3 for Virginia and 27.4 for North Carolina.

Read the full story at Newsday