Saving Seafood

New York businessman gets 1½ years for dealing in black market eels from Virginia

November 3, 2017 — NORFOLK, Va. — Tommy Zhou knew what they were doing was illegal, according to court documents.

American eel stocks were low as Asian markets rushed to buy more, and strict caps were being imposed on U.S. fishermen.

 But Zhou told the undercover officers who came to his New York office in 2013 that selling him black market eels from Virginia wouldn’t be a problem as long as no one developed a “big mouth.”

And, he said, he was willing to spend $200,000 to have them killed if they betrayed him.

Zhou, 42, of New York, was sentenced Friday to 1½ years in prison for illegally trafficking more than $150,000 worth of juvenile American eels, also known as “elvers” or “glass eels.”

Federal guidelines recommend a sentence of at least one year and four months.

Trial Attorney Shane Waller of the Department of Justice’s Environment and Natural Resources Division declined to comment, as did Zhou’s attorneys.

According to court documents, Zhou established a seafood distribution company in 2010 in New York. The company, known as Wilson Group Sea Trading LLC, imported and exported seafood.

Read the full story at the Virginian-Pilot

 

Maine man gets 2 years in federal prison for trafficking in baby eels

October 26, 2017 — A Waldoboro man has been sentenced in federal court to serve two years in prison for his role in an East Coast scheme that trafficked in millions of dollars in poached baby eels.

Richard D. Austin, 40, pleaded guilty in April to violating the federal Lacey Act by trafficking in baby eels, or elvers. He was accused of illegally harvesting roughly $190,000 worth of elvers in Massachusetts and Virginia from 2013 to 2015 and of selling the poached elvers to dealers in Illinois and New York.

Austin is the first to be sentenced to prison time of 18 men charged as a result of the so-called “Operation Broken Glass” federal investigation. All 18 men have pleaded guilty in the scheme but only five have been sentenced so far.

Appearing Wednesday in a federal courtroom in Norfolk, Virginia, Austin was ordered to report to federal officials to begin serving his sentence on Dec. 11 at a prison not yet selected. He also was ordered to serve three years of supervised release after he completes his prison term. He was ordered to pay a special assessment off $100 but was not ordered to pay any fines or restitution.

Read the full story at the Bangor Daily News

 

The FDA Warns One of New York’s Most Expensive Restaurants over Seafood Import Violations

October 26, 2017 — SEAFOOD NEWS — One of New York’s most expensive restaurants is in some trouble with the Food and Drug Administration over its fresh fish.

Masa, which earned three Michelin stars for its $595 tasting menu (before drinks and tax), received a warning letter from the FDA dated Oct. 16 alleging violations of federal rules that govern seafood imports. “Your fresh trevally and fresh Katsuwonus pelamis (Katsuo), also known as skipjack tuna or bonito,” the agency wrote in a letter published online this week, “have been prepared, packed, or held under insanitary conditions whereby they may have been rendered injurious to health.”

“We take FDA regulations very seriously and, of course, food safety is always a priority. We are working closely with our purveyors in Japan to get this resolved quickly,” said Tina Clabbers, a representative for Masa, in an email.

While the the FDA doesn’t typically regulate individual restaurants, the agency has jurisdiction over seafood importers. Inspectors visited Masa on June 22, according to the letter, which redacted the name of the restaurant’s fish supplier.

The letter doesn’t specify the precise nature of the violation, and a spokesperson in the FDA’s New York district office was not available for comment.

The regulation for which Masa was cited requires fish importers to ensure that foreign suppliers meet the same standards for safety that domestic processors must adhere to. The FDA warning letter says the restaurant “must implement an affirmative step” to comply with the seafood import rules but failed to do so for the aforementioned fresh trevally and Katsuo.

Affirmative steps could include getting records from foreign suppliers about their compliance with FDA standards, inspecting the foreign facility or other actions to verify that the fish is up to code.

High-end sushi chefs have clashed with regulators before over rules that require that fish intended for raw consumption be frozen before serving. The freezing process is intended to kill pathogens. Masa’s 20-plus course omakase menu uses ingredients “only in their freshest most delicious state,” according to its website.

New York City health inspectors gave Masa an A grade in July 2016. The health department did not cite any violations regarding fresh fish.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

James J. Gilmore, Jr. Elected ASMFC Chair

October 19, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission:

Today, member states of the Atlantic States Marine Fisheries Commission (Commission) thanked Douglas Grout of New Hampshire for an effective two-year term as Chair and elected James J. Gilmore, Jr. of New York to succeed him.

“I am honored by the support of my colleagues from the 15 Atlantic coast states, and grateful to Doug for shepherding the Commission through two challenging years,” said Mr. Gilmore. “I embrace the challenges that lie ahead and pledge to rise up to the lofty expectations set by my predecessors – especially Doug. Environmental and political threats to fisheries and management for the 15 sovereign coast states have never been greater.  As the Commission has always done, we must use these obstacles as stepping stones. I will ensure the voices of our many stakeholders – recreational, commercial, and conservation alike – are heard. The Commission must seek ways to ensure the integrity of our management process is protected, strengthen our collaboration with NOAA Fisheries, and continue forging alliances on Capitol Hill. With all the challenges facing the Commission, it’s all too easy to lose sight of our Vision: Sustainably Managing Atlantic Coastal Fisheries. Our Vision must guide the Commission through all its decisions.”

Under Mr. Grout’s chairmanship, the Commission made important strides in furthering its strategic goals. The Commission approved new plan amendments for northern shrimp and tautog and, by the end of the year, will likely adopt an important amendment for Atlantic menhaden and a new Cobia FMP. Commission science staff along with state and federal scientists completed benchmark stock assessments for Atlantic sturgeon, Atlantic croaker, spot, red drum; stock assessment updates for American eel, menhaden and river herring; and regional stock assessments and an assessment update for tautog.  All of these have provided much needed insight into the health of these species, as well as identified the continued challenges of assessing fish stocks given limited data and increasingly complex stock assessment models.

The Atlantic Coastal Cooperative Statistics Program (ACCSP) is now fully integrated under the Commission’s umbrella. State conduct of the Marine Recreational Information Program’s Access Point Angler Intercept Survey is well into its second year and is estimated to have increased the number of angler intercepts by nearly 10%. ACCSP has been collaborating with NOAA Fisheries Greater Atlantic Regional Office on an integrated reporting system, which will allow all related fisheries-dependent data collected from various sources, including vessel, observer, and dealer reports, to be linked. ACCSP has also been working closely with the Mid-Atlantic Council on launching its mandatory for-hire electronic reporting system and have begun discussions with the South Atlantic Council on its efforts to move to for-hire electronic reporting.

The Commission’s Habitat Committee and the Atlantic Coastal Fish Habitat Partnership continue to advance our understanding of the importance of the fisheries-habitat connection and provide us and habitat managers with tools to further habitat conservation. The Habitat Committee released the Sciaenid Fish Habitat Source Document, the most comprehensive compilation of habitat information to date on Commission-managed and other common sciaenid species found throughout the Western Atlantic. ACFHP completed its 5-year Conservation Strategic Plan and 2-year Conservation Action Plan which include goals, objectives, strategies, and actions to restore and enhance Atlantic coastal, estuarine, and diadromous fish habitat through conservation, science and data, outreach and communication, and financial initiatives. The Commission’s Law Enforcement Committee continued to coordinate enforcement activities directed at illegal glass eel harvest and to respond to lobster industry concerns about illegal activity in federal waters by working with our federal partners to place lobster as a high priority for federal enforcement and joint enforcement agreement activities.

Mr. Gilmore has served as Director of the Division of Marine Resources for New York State Department of Environmental Conservation for the past ten years. As a respected marine scientist and fisheries manager with more than 40 years of experience in both the public and private sector, Mr. Gilmore has built a reputation as a coalition builder and skilled negotiator. Mr. Gilmore is also an Executive Committee member of the New York Sea Grant Board of Directors and holds an adjunct faculty position at SUNY Stony Brook, where he teaches a graduate level fisheries management course. Most importantly, he is an avid marine angler, dividing his efforts between Long Island Sound’s south shore and southern New Jersey. Mr. Gilmore received a Bachelor of Arts in Biology from SUNY Plattsburgh and a Master’s in Marine Science from SUNY Stony Brook.

The Commission also elected Patrick Keliher, Commissioner of the Maine Department of Marine Resources, as its Vice-Chair.

ASMFC American Lobster Board Approves Draft Addenda XXVI & III to the American Lobster and Jonah Crab FMPs for Public Comment

October 17, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission

The Atlantic States Marine Fisheries Commission’s American Lobster Management Board approved American Lobster Draft Addendum XXVI/Jonah Crab Draft Addendum III for public comment. Given the same data collection needs apply to both American lobster and Jonah crab fisheries, Draft Addendum XXVI and Draft Addendum III are combined into one document that would modify management programs for both species upon its adoption. The Draft Addenda seek to improve harvest reporting and biological data collection in the American lobster and Jonah crab fisheries. The Draft Addenda propose using the latest reporting technology, expanding the collection of effort data, increasing the spatial resolution of harvester reporting, and advancing the collection of biological data, particularly offshore.

Recent management action in the Northwest Atlantic, including the protection of deep sea corals, the declaration of a national monument, and the expansion of offshore wind projects, have highlighted deficiencies in current American lobster and Jonah crab reporting requirements. These include a lack of spatial resolution in harvester data and a significant number of fishermen who are not required to report. As a result, efforts to estimate the economic impacts of these various management actions on American lobster and Jonah crab fisheries have been hindered. States have been forced to piece together information from harvester reports, industry surveys, and fishermen interviews to gather the information needed. In addition, as American lobster and Jonah crab fisheries continue to expand offshore, there is a greater disconnect between where the fishery is being prosecuted and where biological sampling is occurring. More specifically, while most of the sampling occurs in state waters, an increasing volume of American lobster and Jonah crab are being harvested in federal waters. The lack of biological information on the offshore portions of these fisheries can impede effective management.

The Draft Addenda present three questions for public comment: (1) what percentage of harvesters should be required to report in the American lobster and Jonah crab fisheries; (2) should current data elements be expanded to collect a greater amount of information in both fisheries; and (3) at what scale should spatial information be collected. In addition, the Draft Addenda provide several recommendations to NOAA Fisheries for data collection of offshore American lobster and Jonah crab fisheries. These include implementation of a harvester reporting requirement for federal lobster permit holders, creation of a fixed-gear VTR form, and expansion of a biological sampling program offshore.

It is anticipated the majority of states from Maine through New Jersey will be conducting public hearings on the Draft Addenda. The details of those hearings will be released in a subsequent press release. The Draft Addenda will be available on the Commission website, www.asmfc.org (under Public Input) by October 27th. Fishermen and other interested groups are encouraged to provide input on the Draft Addenda either by attending state public hearings or providing written comment. Public comment will be accepted until 5:00 PM (EST) on January 22, 2017 and should be forwarded to Megan Ware, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741(FAX) or at comments@asmfc.org (Subject line: Draft Addenda XXVI & III).

ASMFC Spiny Dogfish Board Approves 2018 Fishery Specifications

October 17, 2017 — NORFOLK, Virginia — The following was released by the Atlantic States Marine Fisheries Commission

The Commission’s Spiny Dogfish Management Board approved a spiny dogfish commercial quota of 38,195,822 pounds for the 2018 fishing season (May 1, 2018 – April 30, 2019). The Board maintained a 6,000 pound commercial trip limit in state waters (0-3 miles from shore) in the northern region (Maine through Connecticut). The quota and northern region trip limit are consistent with the measures recommended to NOAA Fisheries by the Mid-Atlantic Fishery Management Council. States in the southern region (New York to North Carolina) have the ability to set state-specific trip limits based on the needs of their fisheries.

2018 marks the third year of the current federal 3-year specifications cycle. It is anticipated the stock assessment will be updated in 2018 to inform development of fishery specification recommendations, including the commercial quota, for 2019 and beyond. Additionally, the Board intends to discuss issues raised by the Advisory Panel (and other fishery participants) in more detail prior to setting 2019 specifications. The timing of the next benchmark stock assessment for spiny dogfish is less certain, however, the Board supported the Council’s recommendations to conduct a benchmark stock assessment in 2019, or soon after.

The 2018 spiny dogfish commercial quota allocations (in pounds) for the northern region and the states of New York through North Carolina are provided below. Any overages from the 2017 season will be deducted from that region’s or state’s 2018 quota allocation. Similarly, any eligible roll overs from the 2017 season will be applied to that region’s or state’s 2018 quota allocation.
For more information, please contact Kirby Rootes-Murdy, Senior Fishery Management Plan Coordinator, at krootes-murdy@asmfc.org or 703.842.0740

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