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Judge: NOAA can’t regulate fish farming under fisheries law

September 27, 2018 — A federal judge in New Orleans has thrown out the National Oceanic and Atmospheric Administration’s rules for fish farms in the Gulf of Mexico, saying the agency lacked authority to make them.

Tuesday’s ruling halts a plan that would have allowed, “for the first time, industrial aquaculture offshore in U.S. federal waters,” according to the Center for Food Safety , which sued NOAA on behalf of what U.S. District Judge Jane Triche Milazzo described as “a bevy of special interest groups representing both food safety advocates and Gulf fishermen.”

The government considers fish farming, including that on the open sea, to be “vital for supporting our nation’s seafood production, year-round jobs, rebuilding protected species and habitats, and enhancing coastal resilience.” Opponents say huge numbers of fish confined in nets out in the ocean could hurt ocean health and native fish stocks, and the farms would drive down prices and devastate commercial fishing communities.

“It’s a landmark decision,” George Kimbrell, lead counsel for the Center for Food Safety, said in a telephone interview from San Francisco.

“NOAA wanted to do this sort of industrial permitting not just in the Gulf of Mexico but in the Pacific and along the Atlantic coast,” he said.

The agency was working on rules for waters around Hawaii and other Pacific islands.

NOAA is considering whether to appeal the ruling handed down Tuesday, it said in an emailed statement.

The decision doesn’t forbid aquaculture, the statement emailed by spokeswoman Jennie Lyons noted. “NOAA remains committed to expanding the social, environmental, and economic benefits of sustainable marine aquaculture in the U.S.” it said.

Read the full story from the Associated Press at The Washington Post

NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

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