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

Continuing Species in the Spotlight Initiative Empowers NOAA Fisheries’ Endangered Species Conservation Efforts

April 22, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries has released nine new Species in the Spotlight Priority Action Plans. These plans highlight the most vital actions that NOAA Fisheries and our partners can take to reverse the declining populations of nine endangered marine species that are most at risk of extinction. Building on the successes of the past five years, NOAA Fisheries is renewing the initiative through 2025 to sustain momentum toward recovery.

The Species in the Spotlight initiative, launched in 2015, focuses time, energy, and resources on the most imperiled marine species. It motivates partners and community members to join the effort to save these species from extinction. The nine species are all listed as endangered under the Endangered Species Act:

These species are at high risk of extinction in the near future because of a rapid population decline or habitat destruction. They face human-caused threats such as construction, development, or other economic activity.

“The Species in the Spotlight initiative is a critical effort by NOAA Fisheries and our partners to leverage our resources and make the greatest impact to reverse the decline of these endangered species. I’m pleased to build upon our successful efforts to date with the renewal of these Species in the Spotlight Priority Action Plans,” says Sam Rauch, Deputy Assistant Administrator for NOAA Fisheries Regulatory Programs.

Read the full release here

Nicole Naar: Building an Accessible Aquaculture Network

April 22, 2021 — The following was released by NOAA Fisheries:

Dr. Nicole Naar is an Aquaculture Specialist at Washington Sea Grant. She earned her doctoral degree in anthropology from the University of California-Davis, where she conducted fieldwork in Mexico and Tanzania. Currently her work focuses on conducting outreach for sustainable aquaculture and helping coastal communities respond to social and environmental challenges.

Blending Marine and Social Sciences

Growing up in Florida, Naar always had an interest in marine biology. In high school, she also developed an interest in social science. At the time, it seemed difficult to find a link between the two career paths. Luckily, on a student trip to Mexico, her eyes were opened to the possibility of combining anthropology, sustainability, and marine biology in a coastal setting.

One of Naar’s visits to Mexico focused on a small coastal town where many job seekers came from other areas of the country to work and fish. Fisheries were rumored to be overexploited due to the growing number of immigrant workers. To address these concerns and perceptions, Naar began to gather data on resource use, regulation compliance, and other factors. Ultimately, her work demonstrated that in terms of fishing practices, there was no difference between locals and non-locals.

“Fisheries are directly connected to the social science issues many people care about, such as job creation, local food systems, and environmental sustainability,” said Naar. “Social science research provides data that empowers communities to make informed decisions about sustainable wild-capture and aquaculture.”

Read the full release here

NOAA Fisheries Announces an Advance Notice of Proposed Rulemaking to Consider the Use of Turtle Excluder Devices by Skimmer Trawl Vessels Less than 40 feet in Length in the Southeastern U.S. Shrimp Fisheries

April 22, 2021 — The following was released by NOAA Fisheries:

KEY MESSAGE:

  • NOAA Fisheries is publishing an Advance Notice of Proposed Rulemaking to request comments on requiring Turtle Excluder Devices (TEDs) on skimmer trawl vessels less than 40 feet in length.
  • As part of our efforts to conserve and recover threatened and endangered sea turtle populations, an existing final rule that becomes effective August 1, 2021 will require TEDs that allow the release of small turtles to be used by skimmer trawl vessels 40 feet and greater in length in the Southeastern U.S. shrimp fisheries.
  • An abundance of small sea turtles in shallow, coastal waters is attributed to numerous ongoing conservation efforts, such as the protection of sea turtle nesting beaches and the required use of TEDs in otter trawls participating in the shrimp fisheries.
  • We have continued testing and analysis of TED designs and use on small skimmer trawls, and now have effective designs that would reduce sea turtle bycatch.
  • We are seeking comments on the potential expansion of TED requirements for skimmer trawl vessels less than 40 feet (12.2 meters) in length, the feasibility of employing these TEDs on smaller length vessels, input on the associated costs of any new TED requirements, and other potential environmental impacts. Comments are due by May 20, 2021.
  • Skimmer trawl operators are currently allowed to use tow times instead of turtle excluder devices, but tow times are not as effective at reducing sea turtle mortality and are difficult to enforce.

HOW TO COMMENT ON THIS ADVANCED NOTICE OF PROPOSED RULEMAKING:

The Comment period is open now through May 20, 2021. You may submit comments by electronic submission (described below) or by postal mail. Comments received after the end of the comment period may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 86 FR 20475 published April 20, 2021.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.

  1. Go to https://www.regulations.gov/search?filter=2021-08108
  2. Click the “Comment Now!” icon, complete the required fields.
  3. Enter or attach your comments.

Mail: Submit written comments to Michael Barnette, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. 

Where can I find more information on TEDs, the TED rules, and how to comply with them?

Collaboration Offers the Best Hope for Lasting Puget Sound Salmon Solution

April 22, 2021 — The following was released by NOAA Fisheries:

Lorraine Loomis and Kelly Susewind got it right. Their joint column called for collaboration as the state and tribal co-managers of Puget Sound salmon “struggle to share a shrinking resource.”

That commitment, along with collaboration, will be key to reaching an agreement for salmon fishing in Puget Sound. The agreement will fulfill tribal treaty rights, provide opportunity for recreational and non-tribal commercial fishing, and conserve salmon. The co-managers have reached agreement on plans to share the catch of available Puget Sound salmon in 33 of the last 34 years. I know it has never been easy.

The depressed status of many Puget Sound salmon stocks continue to make it even more challenging.

The answer is not about winning or losing, as the co-managers said. Rather, “it’s about working together to meet one another’s needs by carefully crafting conservative fisheries that protect the weakest salmon stocks while providing for harvest when possible.”

Everyone who depends on Puget Sound salmon knows just how restrictive the fisheries have become. Most Puget Sound Chinook migrate north as young fish and rear off the coasts of Southeast Alaska and British Columbia. The Pacific Salmon Treaty has reshaped salmon fisheries across those boundaries. This has led to agreements with harvest cutbacks of 20 to 45 percent in Alaskan and Canadian fisheries since the early 2000s.

Read the full release here

NOAA Fisheries Fact-Checks Orca Bycatch Photo Circulating on Social Media

April 22, 2021 — The following was released by NOAA Fisheries:

NOAA Fisheries would like to clear up the disinformation surrounding a photo being circulated on social media of two orca whales taken as bycatch by a trawler in Alaskan waters. NOAA Office of Law Enforcement has confirmed that the photo is from an April 2020 incident. In that case, there were two independent fisheries observers aboard the vessel. The orca takes were reported promptly by the observers and vessel owner/operator to NOAA Fisheries, as required.

We do not have any recent reports of bycatch involving orcas off Alaska.

The United States’ science-based fishery management process is designed to provide optimum yield while preventing overfishing, minimizing bycatch, and protecting habitats where fish live. Section 118 of the Marine Mammal Protection Act allows for the incidental, but not intentional, takes of marine mammals in commercial fisheries. “Take” includes harassment, hunting, capturing, collecting, or killing of marine mammals. However, a marine mammal take is not legal unless it is reported by the vessel owners or operators through the Marine Mammal Authorization Program.

Bycatch of orcas in Alaska fisheries by any gear is very low. While incidental take of any individual marine mammal is concerning, NOAA Fisheries does not consider the low level of interactions between orcas and commercial fisheries in Alaska to have an adverse impact on any orca stock at a population level. No orca stocks in the Alaska region are listed as endangered, threatened, and/or candidate species under the Endangered Species Act.

Through the North Pacific Observer Program, our agency has rigorous methods for tracking catch and bycatch. At least two fisheries observers are required aboard all trawl catcher-processor vessels fishing off Alaska, so every haul is observed.

In addition to information collected by observers, vessel owners or operators must report to NOAA Fisheries all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations. They must be reported within 48 hours of the end of the fishing trip under the law.

Read the full release here

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

White House Finalizes Pacific Ocean Protections for Humpback Whale

April 21, 2021 — The Biden administration finalized a rule that will conserve approximately 118,000 square nautical miles of the Pacific Ocean as protected habitat for the humpback whale.

The National Oceanic and Atmospheric Administration finalized the rule that conserves a large swath of ocean off the coast of North America, spanning from Southern California to the Bering Sea in Alaska.

Conservationists tout the rule as necessary to protect three separate populations of endangered whales from ship strikes, entanglements with fishing nets and oil spills.

“Pacific humpbacks finally got the habitat protections they’ve needed for so long,” said Catherine Kilduff, an attorney with the Center for Biological Diversity. “Now we need to better protect humpbacks from ship strikes and entanglement in fishing gear, their leading causes of death.”

The finalization of the rule comes after a lengthy court battle between conservationists and the U.S. government ended in a 2018 settlement.

Read the full story at the Courthouse News Service

NOAA Fisheries Sets Fishing Year 2021 Management Measures for the Common Pool Groundfish Fishery

April 21, 2021 — The following was released by NOAA Fisheries:

Effective May 1

We are setting common pool possession and trip limits to ensure that the common pool groundfish fishery is able to fully utilize its available quotas. Effective on May 1, these possession and trip limits were developed based on the common pool sub-Annual Catch Limits set by Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan. We also considered preliminary 2021 sector rosters, expected common pool participation, common pool fishing activity in previous fishing years, and that Framework 61 is still being considered for approval. During the fishing year, we will monitor common pool catches, and will adjust common pool management measures, as necessary.

Additionally, Northeast multispecies vessels may not target yellowtail flounder within the Closed Area II Yellowtail Flounder/Haddock Special Access Program (SAP) in fishing year 2021. Northeast multispecies vessels are not allowed to fish in this SAP using flounder trawl nets, but may fish in this SAP to target haddock with a haddock separator trawl, a Ruhle trawl, or hook gear. This SAP is open from August 1, 2021, through January 31, 2022.

Lastly, the Regular B Days-at-Sea (DAS) program is closed for fishing year 2021. During this closure, Northeast multispecies vessels may not declare or use regular B DAS.

For more details, read the notice as filed in the Federal Register and the permit holder bulletin.

Read the full release here