Saving Seafood

Carlos Rafael released on $1M bond, puts home and business up for collateral

March 2, 2015 — New Bedford fishing magnate Carlos Rafael will be allowed to return to his Dartmouth home under strict bond conditions and to continue working while facing federal conspiracy and falsification charges, a judge ruled Wednesday.

Rafael and his wife agreed to place their home on Tucker Road in North Dartmouth and the Carlos Seafood building, on South Front Street in New Bedford, as collateral for the $1 million bond. Prosecutors said the total value of the two properties is about $900,000.

Magistrate Judge David H. Hennessy warned Rafael sternly during his detention hearing in U.S. District Court in Worcester that any violation of his bond could result in a warrant for his arrest and the loss of his home and business property.

“If you fail to comply with any of these conditions, the government can take that property away from you,” Hennessy said.

Read the full story at the New Bedford Standard-Times

 

In Mexico, Fish Poachers Push Endangered Porpoises to Brink

March 1, 2016 — In 2013, Song Shen Zhen, a 75-year-old resident of Calexico, California, was attempting to re-enter the United States from Mexico when border patrol noticed a strange lump beneath the floor mats of his Dodge Attitude. The plastic bags beneath the mats contained not cocaine, but another valuable product: 27 swim bladders from the totoaba, a critically endangered fish whose air bladders, a Chinese delicacy with alleged medicinal value, fetch up to $20,000 apiece. Agents tracked Zhen to his house, where they discovered a makeshift factory containing another 214 bladders. Altogether, Zhen’s contraband was worth an estimated $3.6 million.

The robust black market is grim news for totoaba — but it’s an even greater catastrophe for vaquita, a diminutive porpoise that dwells solely in the northernmost reaches of the Gulf of California, the narrow body of water that extends between the Baja Peninsula and mainland Mexico. Since 1997, around 80 percent of the world’s vaquitas have perished as bycatch, many in gill nets operated by illegal totoaba fishermen.

Today, fewer than 100 vaquitas remain, earning it the dubious title of world’s most endangered marine mammal. Scientists fear the porpoise could vanish by 2018. “The possible extinction of the vaquita is the most important issue facing the marine mammal community right now,” says Barbara Taylor, a conservation biologist with the U.S. National Oceanic and Atmospheric Administration’s Southwest Fisheries Science Center.

The vaquita — “little cow” in Spanish — is a creature of superlatives. Not only is it the most imperiled cetacean, it is also the smallest, at less than five feet long from snout to tail, and the most geographically restricted: Its entire range could fit four times within Los Angeles’ city limits. Prominent black patches ring its eyes and trace its lips, giving Phocoena sinus a charming, panda-like appearance. The porpoise, which typically travels in pairs or small groups and communicates using rapid clicks, is famously cryptic; conservationists recently went two years without documenting a single sighting. Some Mexican fishermen insist the vaquita is already extinct, photographic evidence notwithstanding.

Read the full story at Yale Environment 360

Jail terms sought for men trafficking fishermen in Indonesia

February 27, 2016 — TUAL, Indonesia (AP) — Indonesian prosecutors are seeking prison sentences of up to 4 1/2 years for five Thais and three Indonesians accused of human trafficking in connection with slavery in the seafood industry.

The suspects were arrested in the remote island village of Benjina last May after the slavery was revealed by The Associated Press in a report two months earlier.

The victims — 13 fishermen from Myanmar who testified under protection of Indonesia’s Witness and Victim Protection Agency — told the court that they had been tortured, forced to work up to 24 hours a day and were not paid. They also said they were locked up in a prison-like cell in the fishing company’s compound.

In their sentencing demand, prosecutors on Friday sought 4 1/2-year sentences for Thai captain Youngyut Nitiwongchaeron and four countrymen — Boonsom Jaika, Surachai Maneephong, Hatsaphon Phaetjakreng and Somchit Korraneesuk — as well as Indonesian Hermanwir Martino.

They sought 3 1/2-year sentences for two other Indonesians, Yopi Hanorsian and Muklis Ohoitenan.

Read the full story from the Associated Press at Gloucester Daily Times

Slave Labor on the High Seas

February 20, 2016 — Shocking revelations about the international fishing industry’s reliance on slave labor have caused many people to question the origin of the shrimp or tuna they eat. The disclosures have also led the United States to take some important new steps to clamp down on the use of indentured workers and discourage other unlawful activities on the high seas.

President Obama is expected to sign legislation that effectively bans American imports of fish caught by forced labor in Southeast Asia. The bill, passed by Congress this month, would close a loophole in the Tariff Act of 1930 that prohibits imports made by convicts or forced labor but exempts such goods if American domestic production could not meet demand. Now that is expected to end. The president recently signed an agreement allowing officials to deny port services to foreign vessels suspected of illegal fishing.

In another useful move, the National Oceanic and Atmospheric Administration this month said it would improve how seafood is tracked from catch to market by imposing new reporting requirements on American importers, who purchase from overseas sources 90 percent of the seafood that humans and pets consume in the United States. These new requirements would affect 16 species, including cod, snapper and some tuna, and are intended to protect species that are overfished or at risk of being overfished by cracking down on illegally caught or mislabeled fish.

Read the full editorial at The New York Times

Imported Fish Must Bring Their Papers

February 15, 2016 — The Obama administration has proposed new rules that would require seafood importers to better record the who, what, when, where and how of the fish they bring into the country.

“Traceability is a key tool for combating illicit activities that threaten valuable natural resources, increase global food security risk and disadvantage law-abiding fishermen and seafood producers,” said Kathryn D. Sullivan, administrator for the National Oceanic and Atmospheric Administration.

The proposed rules would apply only to seafood at “high risk” for poaching and fraud, such as blue crab, red snapper and shrimp, but officials want eventually to expand them to all imported seafood.

The rules would mandate catch data along a chain of custody, from the point of harvest to entry into the United States. The idea is to eliminate the import of seafood poached from ocean reserves, and the substitution of different species for more expensive fish.

President Barack Obama directed his administration in June 2014 to develop solutions to fight illegal fishing and seafood fraud — challenges that exacerbate the problem of dwindling fish populations. A federal task force issued draft rules that December.

The final proposed rules fall short of “bait to plate” — tracing seafood all the way to the point of sale to the U.S. consumer — the approach favored by many local officials, conservationists and members of the industry to cut down on domestic repackaging fraud.

Read the full story at The Baltimore Sun

U.S. Closing a Loophole on Products Tied to Slaves

February 15, 2016 — WASHINGTON — President Obama will sign legislation this week that effectively bans American imports of fish caught by forced labor in Southeast Asia, part of a flurry of recent actions by the White House, federal agencies, international trade unions and foreign governments to address lawlessness at sea and to better protect offshore workers and the marine environment.

Last week, the president signed the Port State Measures Agreement, which empowers officials to prohibit foreign vessels suspected of illegal fishing from receiving port services and access. The United States became the 20th country to ratify the pact.

“Step by step, I do really think we’re making progress, and there is a growing awareness of how much we need to get more control over the world’s oceans and the range of crime that happens out there,” Secretary of State John Kerry said in an interview on Monday. He added that he hoped to build on the momentum in the fall during a global meeting, called Our Oceans, that he will host in Washington.

The amendment that the president has said he will sign this week would close a loophole in the Tariff Act of 1930, which bars products made by convict, forced or indentured labor. For 85 years, the law has exempted goods derived from slavery if American domestic production could not meet demand.

In July, The New York Times published an article about forced labor on Thai boats, many of which catch the fish destined for pet food. It chronicled the lives of several dozen indentured Cambodian migrants, most of them boys, working on the ships, all of whom are now free. Among them was a man named Lang Long, who was shackled by the neck during his three years of captivity at sea.

“I think most Americans were horrified to learn that the fish in the pet food they give to their cats and dogs was being caught by children forced to work on ships against their will,” said Senator Sherrod Brown, Democrat of Ohio, who, along with Senator Ron Wyden, Democrat of Oregon, sponsored the amendment, which has long been a goal of human rights advocates. The amendment focused on all types of forced and child labor, not just that used to produce seafood, and was passed by the Senate on Thursday with bipartisan support.

About 90 percent of seafood for human and pet consumption in the United States is imported, and the oceanic administration’s proposed rules are meant to protect threatened fish species and crack down on seafood entering American ports that has been caught illegally or is fraudulently labeled. The new rules would impose chain-of-custody reporting requirements for 13 species of at-risk fish, including cod, snapper, mahi mahi and several types of tuna.

The list includes types of fish that represent about 40 percent of the seafood that enters the United States, when measured by value. A spokesman for the oceanic agency said it hoped to include all imported seafood species, though no timetable has been set.

Read the full story at The New York Times

World’s biggest fishing vessel penalized for illegal activities in Pacific

February 2, 2016— The South Pacific Regional Fisheries Management Organization, or SPRFMO, decided to keep on its list of banned vessels the world’s biggest fishing ship, the Peruvian-flagged Damanzaihao, a step praised by the international conservation group Oceana.

The decision comes almost one year after the ship, which has changed flags several times and is also known as the Lafayette, was banned from Pacific waters despite an appeal by its owner, Sustainable Fishing Resources.

“The Damanzaihao presents a real danger for oceans due to its huge storage capacity,” Liesbeth van der Meer, director of the Fisheries Campaign with Oceana Chile, told reporters.

“Controlling illegal fishing is urgent for the sustainability of fisheries and, in particular, when dealing with overfished species, such as Pacific mackarel, which have great commercial and social relevance,” Van der Meer said.

In February 2015, SPRFMO added the Damanzaihao to its lists of vessels involved in illegal, undeclared and unregulated fishing, after detecting an unauthorized trans-shipment and false reporting to authorities about cargo of frozen Pacific mackarel.

The Peruvian Production Ministry, acting on the designation, cancelled the fishing permit for the 49,367-ton ship, which now flies the Peruvian flag, and slapped a fine on Sustainable Fishing Resources.

The company appealed the decision and Peru’s courts voided the fine but ordered a new process to impose new penalties, which will keep the Damanzaihao on the pirate ships’ list until 2017.

Read the full story at Fox News

NGOs applaud new EU measure to combat illegal fishing

January 22, 2016 — Non governmental organizations Environmental Justice Foundation (EJF), Oceana and WWF welcome a new European Commission (EC) requirement that all EU fishing vessels, and foreign vessels fishing in EU waters, need to have unique vessel numbers from construction to disposal.

The measure will affect up to 8,205 European vessels.

The decision is a key reform that helps close a decades-old loophole allowing fishing vessels around the world to evade scrutiny, fueling illegal fishing.

EJF’s Executive Director Steve Trent said, “This is a powerful signal by the EU that fisheries must become more transparent. Sometimes the simplest reforms can have profound impacts, and that is the case here.

“It is ridiculous that planes, cars and even European cows have unique numbers to enable lifetime tracking, but fishing vessels haven’t. This has allowed unscrupulous operators to fish illegally in one country and then swiftly change identity and nationality and do the same elsewhere.”

Until recently, a global scheme operated by the International Maritime Organisation(IMO) that assigned unique numbers to vessels for their entire lives specifically excluded fishing vessels.

Read the full story at FIS

Voices of Alaska: Unified effort in Congress protects Alaska’s seafood powerhouse

November 20, 2015 — Alaska is our nation’s seafood powerhouse. With nine of our country’s top twenty fishing ports by volume, we understand the vital role our seafood industry has played in our communities in the past, how important it is now, and how central the industry will be in the future. Protecting and enhancing Alaska’s fisheries is one of the top priorities of our delegation.

That’s why we were particularly pleased to have passed bipartisan legislation to help protect and enhance our fishing industry. H.R. 477, the Illegal, Unregulated and Underreported (IUU) Fishing Enforcement Act of 2015, increases enforcement capabilities for U.S. authorities to combat illegal fishing and protect fisheries off the coast of Alaska, and around the world. It was signed into law on November 5, 2015.

At issue is how illegal, unreported, and unregulated fishing, or “pirate” fishing, is hurting our economy, our fishing communities, our healthy seafood stocks, and our sustainable oceans.

Our country’s fishermen have long been subject to sustainable management-based rules and regulations to ensure the long-term vitality of our species; pirate fishermen are not. These rogue vessels raid our oceans wherever, whenever, and however they please. Globally, legal fishing operations lose an estimated $10 to $23 billion a year to pirate fishing. Here at home, the Alaska King Crab fishery alone is estimated to have lost more than $550 million in the past 14 years.

Read the full opinion piece at Peninsula Clarion

 

Atlantic Striped Bass Fishing in the EEZ: Restrictions Support Sustainability of Species

November 12, 2015 — The following was released by the NOAA Fisheries Office of Law Enforcement:

In an effort to ensure the healthy population of the striped bass in the Mid-Atlantic region, NOAA’s Office of Law Enforcement (OLE) is raising awareness of the federal regulations governing striped bass in the Exclusive Economic Zone (EEZ) and increasing targeted enforcement efforts to protect the species from illegal poaching activities.

“Right now, the striped bass are beginning to migrate south from the northern states,” said Lt. Wynn Carney, OLE supervisory enforcement officer. “The striped bass will follow the bait south near the mouth of the Chesapeake Bay, and in spring they will begin making their way up our streams and rivers to lay eggs.” 

According to the Atlantic States Marine Fisheries Commission, overfishing and poor environmental conditions lead to the collapse of the Atlantic striped bass fishery in the 1980s.

In order to ensure the sustainability of the species, the Atlantic Coastal Fisheries Cooperative Management Act, found in Title 50 of the Code of Federal Regulations part 697.7, was promulgated. Thus, during the months of November through February, NOAA Office of Law Enforcement is joining state and federal marine law enforcement organizations in supporting a focused enforcement effort, targeting vessels retaining and fishing for striped bass in the EEZ. Marine law enforcement officers, including OLE and the U.S. Coast Guard, in the Mid-Atlantic will be ticketing fishermen who violate these regulations and who target striped bass within the EEZ.

“I am excited about the Mid-Atlantic States conducting a focused enforcement effort,” said Carney. “It’s significant that we’re working together toward a common goal.”

For maximum enforcement, officers will be conducting at-sea, aerial, and dock-side inspections.

For more information, call your local OLE field office or visit http://www.asmfc.org/species/atlantic-striped-bass.