Saving Seafood

New York Halts Commercial Fluke Fishery for About 2 Weeks, Sets Harvest Limit

July 13, 2018 — New York State will close its commercial fishing grounds, a staple of the Long Island fishing fleet, for about two weeks effective Sunday.

The closure, which applies to fishing in state waters up to 3 miles from shore, will last until the month’s end, when it reopens with a harvest limit of 50 pounds per day.

Local commercial fishermen, who dealt last month with a similar closure of another plentiful staple in New York waters of black sea bass, say the new closure is another blow to their livelihood at a time of pricing stresses and amid state pressure to ease federal restrictions.

“It really hurts us,” said Phil Karlin, a commercial fisherman from Riverhead. “It really makes it difficult for the fishermen and the retailers and dealers involved who need a supply of fluke.”

Read the full story at Newsday

State files petition with federal bodies that set commercial fluke fishing quotas

April 3, 2018 — Gov. Andrew Cuomo warned the U.S. Secretary of Commerce in October that if changes weren’t made to fluke quotas to be fair to New York’s economy and commercial fishing families, the state would take legal action.

Last week, that threat became more real as the governor and state Attorney General Eric Schneiderman announced the filing of a petition with the federal government to establish fair quota allocations for the state’s commercial harvest of fluke, or summer flounder.

In a March 23 statement, Mr. Cuomo said the federal government can’t rely on “decades-old data to uphold the fluke quotas, which put New York at a disadvantage compared to other states.”

“New York’s commercial fishing industry has been held back by archaic federal restrictions for too long, and by taking action to defend fair treatment of our fishers, we will help this valuable industry reach its full potential,” he said.

The state Department of Conservation petitioned for revised allocations with the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration, National Marine Fisheries Service and the Mid-Atlantic Fishery Management Council.

“New York’s commercial fishing industry deserves a fair shake — not the back of the hand — from the federal government,” Mr. Schneiderman said. “Federal law requires that our nation’s marine fisheries be managed according to the best available science, and in a fair, efficient, and safe way. Simply put, perpetuating New York’s undersized, outdated share of the commercial summer flounder fishery does not meet the requirements of the law.”

Department of Environmental Conservation commissioner Basil Seggos also said changes need to be made.

Local fishermen have long felt they’re left short-changed while other East Coast states have higher quotas. Some are skeptical of what will come next, as they’ve dealt with restrictions on fluke fishing since 1992, which state officials and fishermen say were based on inaccurate or outdated data on the fish population.

Read the full story at the Suffolk Times

 

Report detailing enforcement abuses barred from fisherman’s trial

January 29, 2018 — The first criminal trial of a Long Island fisherman charged in connection with a federal probe of a controversial fish-auction program is set to begin, but a report detailing fisheries enforcement abuses by the government has been barred from the trial.

Lawyers for Northport fisherman Thomas Kokell, charged in a multi-count indictment with overharvesting fluke, argued in pretrial motions that a 2010 federal inspector general’s report detailing abuses and “overzealousness” by the National Marine Fisheries Service was vital to the defense.

The Environmental Crimes unit of the U.S. Department of Justice has reached plea agreements with seven Long Island and New York City fishermen and fish dealers in connection with the six-year probe.

Most have been charged with mail fraud, wire fraud, conspiracy and false reporting crimes. Five received prison time or home detention, including a 74-year-old Mattituck fisherman charged with taking $78,000 in illegal fish. Fines and restitution have ranged from $150,000 to $932,000 and most lost their fishing or dealer permits.

In November 2016, Kokell was charged with conspiracy, mail fraud and falsification of federal records in connection with the illegal harvest of more than $400,000 worth of fluke. He is the first to fight the charges in court. The trial is set to begin next month.

His lawyers have argued that Kokell’s case should be handled as a civil, not criminal, case, citing findings from the inspector general’s report and the federal Magnuson-Stevens Act, which governs the fisheries.

Kokell, who was fined $120,000 in a 2006 case involving overfishing, had been a vocal critic of the marine fisheries agency‘s enforcement and legal practices.

He and his wife appeared with Sen. Chuck Schumer (D-N.Y.) at a Port Washington dock to demand action against the fisheries agency, a unit of the National Oceanic and Atmospheric Administration.

Read the full story at Newsday

 

State official: NY commercial fishermen ‘getting a raw deal’

November 13, 2017 — New York commercial fishermen are “getting a raw deal” in federal fisheries quotas, and the state will follow through on a lawsuit early next year if meetings in December don’t fix the problem, the state’s top fisheries official said last week.

At a meeting at the East Hampton Public Library on Thursday, Basil Seggos, commissioner of the state Department of Environmental Conservation, listened to two full hours of complaints about state and federal regulations and management of fisheries, including restrictive quotas, inaccurate fish-population data, difficulty in getting and transferring permits, and “Gestapo”-like tactics of federal observers on local fishing vessels.

Seggos in an interview after the meeting said the state would base its response to federal regulators “on the numbers we get” in the federal quota following a meeting of an interstate commission in December to divvy up the quota for fluke and other species.

Read the full story at NEWSDAY

 

Cuomo threatens to sue if fluke quotas aren’t reallocated

October 11, 2017 — LONG ISLAND, New York — Gov. Andrew M. Cuomo threatened Tuesday to sue the federal government if two interstate fishery-management agencies meeting in December fail to reach an “equitable” redistribution of the coastwide quota for fluke.

In a letter to U.S. Secretary of Commerce Wilbur Ross on Tuesday, Cuomo wrote it was “imperative” that the federal and interstate agencies take “immediate action” to “reallocate” the quota for fluke “in a fair and equitable manner or New York will be forced to take legal action to protect the interests of fishermen in this state.”

Cuomo gave the agencies until December to act. “If the December meetings do not result in a process for a dramatic increase [in] the commercial fluke allocation for New York, I will commence litigation and secure from the courts the rights of New York’s fishermen as a matter of law,” he wrote.

Read the full story at Newsday

New York Commercial Fishermen Want Gov. Cuomo to Sue Federal Government Over Fluke Quota

October 10, 2017 — Several dozen fishermen, women and lawmakers last week urged Gov. Andrew M. Cuomo to make good on a promise to sue the federal government over New York’s disproportionately low share of the fluke fishery.

At a meeting at East Hampton Town Hall last Wednesday, the gathering of fishing interests sought to unify their agenda before a meeting with top state officials scheduled for next month.

The commercial fishery for fluke was shut down in September for the first time in recent memory. It reopened Oct. 1 with a 50-pound daily limit. New York gets 7.6 percent of the commercial fluke quota, while North Carolina and Virginia get more than 20 percent each.

Chuck Morici, a Montauk commercial fisherman, used an empty fish basket to demonstrate the inequities. New York’s current daily quota fills the basket by about a third, he said, while boats from Virginia can take 153 baskets — about 10,000 pounds.

Read the full story from Newsday at Seafood News

NEW YORK: Strained Fluke Quotas, Hurricanes and Safe Harbor

Case of fisherman bound for North Carolina caught in José’s rough seas highlights inadequacies in interstate fishing regulations

September 29, 2017 — Less than a month after a bill granting vessels safe harbor in New York was signed by Governor Andrew Cuomo, a fishing vessel bound for North Carolina carrying 6,000 pounds of fluke has tested the new policy, straining New York’s federally designated fluke quotas.

The F/V Rianda S., which has long been a part of the Montauk fleet, was in transit to land its fish in North Carolina, where it has fishing licenses, on Sept. 17 after fishing in federal waters when it encountered the rough seas generated by Hurricane José and requested safe harbor in Montauk.

New York’s fluke fishery is closed for the month of September,  due to banner fluke landings this summer that strained the state’s already low federally mandated quotas.

The law granting safe harbor, sponsored by South Fork State Assemblyman Fred Thiele and East End State Senator Kenneth LaValle, allowed vessels fishing with licenses from other states immunity from prosecution for violations of state fishing regulations if they seek safe harbor under certain emergency situations, including weather, mechanical breakdown, medical emergencies and loss of essential gear that renders vessels unable to remain at sea.

The New York State Department of Environmental Conservation (DEC) guidelines for safe harbor were drawn with input from commercial fishermen after an incident in January 2015, when the arrival of bad weather forced a commercial fisherman with New Jersey fishing permits to land his fish in Hampton Bays instead of continuing on to New Jersey.

Read the full story at the East End Beacon

IUU Fishing off Montauk Exposed as NY Fines Party Boat Taking Illegal Sea Bass and Dumping Fish

September 20, 2017 — State marine enforcement officers issued eight tickets and 22 warnings last month after people aboard a party boat were spotted throwing “hundreds of pounds” of illegal fish overboard in Montauk Harbor, authorities said.

The boat was later found to have hundreds more undersized and over-the-limit fish — a combined 1,000 fish in all, authorities said last week.

The Department of Environmental Conservation, in an email, said a marine enforcement unit was patrolling Montauk Harbor Aug. 31 when officers confronted fishermen on the boat, Fin Chaser, who were tossing fish overboard. Anglers ignored orders to stop, the DEC said

Once at the Star Island Yacht Club dock in Montauk, officers discovered 500 fish in 17 coolers. They issued tickets and warnings for possession of undersized black sea bass and fluke, excess possession of sea bass and scup, failure to stop dumping on command and an incomplete vessel trip report.

Read the full story from Newsday at Seafood News

NEW YORK: Commercial fishers reeling from shutdown of fluke fishery

September 6, 2017 — It was the busy Labor Day Weekend, and Southold Fish Market owner Charlie Manwaring had been forced to stock his popular East End restaurant and market with out-of-state fluke for the first time in recent memory.

“This is my backyard, and on a holiday weekend I have no fluke,” he complained to Rep. Lee Zeldin (R-Shirley) at a meeting Friday morning with two dozen angry Long Island fishermen and women at the Mattituck fishing dock. “I have to rely on Rhode Island and Jersey and Massachusetts and Carolina.”

Late last month, state regulators, working with a limited New York quota from a multistate fishery council, shut down the commercial fluke fishery for September.

As a result, Manwaring and other local shop owners will “pay more, the fish will cost customers more, and they’ll be older,” said Bob Hamilton, a trawler operator out of Greenport, who typically sells his fluke to Southold Fish Market. “It’s just people in fisheries management who have no understanding of running a business.”

“The fluke paid our bills,” said Cindy Kaminsky, who fishes commercially out of Mattituck. “It’s hard to be just put out of business, and it’s a month out of a short fishing period. We don’t fish in winter and every year it gets a little bit worse.”

Read the full story at Newsday

Trump Administration Decision Signals Possible Shift In Fishing Regulations

August 1, 2017 — When it comes to regulatory issues, the fishing industry often finds itself facing off against environmentalists. And some recent moves by the Trump administration seem to be leaning more in the direction of siding with fishermen.

The Atlantic States Marine Fisheries Commission (ASMFC), the regulatory body that sets the rules for the fishing industry, is meeting this week, and one of the topics of conversation is a recent decision regarding fishing in New Jersey.

The ASMFC said the population of summer flounder – also known as fluke –has been declining since 2010 and is at serious risk. So the commission reduced limits on how much could be caught. New Jersey came up with alternative plan which the state asserted would protect the fish, while still allowing more fishing. But the fisheries commission rejected the New Jersey plan, saying too many fish would be caught, and that it would be bad for the population.

Ordinarily, the federal government listens to the commission’s recommendations. But last week, the U.S. Department of Commerce rejected its recommendation, allowing New Jersey to go ahead with its plan. The ASMFC says this is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the secretary of commerce rejected a noncompliance recommendation by the commission.

“I do think it’s healthy for the administration to not simply rubber stamp everything that is done by these commissions, but rather have an actual role in it,” said Bob Vanasse, executive director of an industry group called Saving Seafood. “And I do think that elections matter,” he said.

Vanasse said this is an example of Trump administration listening to the fishing industry.

“I think there’s definitely been a shift in how the commercial fishing industry, how their issues are being addressed by this administration,” he said. “And I think, frankly, it’s a mistake to think it’s some kind of right-wing, Trump administration, erroneous action. I think it’s actually, overall, positive.”

Vanasse said another example of that positive impact is the federal review that’s happening now of national monuments, including Northeast Canyons and Seamounts Marine National Monument, which is about 130 miles off the coast of Cape Cod. The Obama administration designated it an offshore monument near the end of his presidency, closing it off to a lot of fishermen.

Vanasse said the Trump administration’s review of that monument designation is an example of something that’s being handled responsibly by people who have careers in this area — not just political appointees.

Read and listen to the full story at WGBH