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Montauk Fisherman and Wholesalers Indicted in Fraud Scheme

April 22, 2021 โ€” A federal grand jury has indicted two members of Montaukโ€™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

New York Fisherman and Fish Dealer Charged with Conspiracy, Fraud, and Obstruction

April 21, 2021 โ€” 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 Administrationโ€™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 NOAAโ€™s Office of Law Enforcement. Trial Attorney Christopher Hale of the Justice Departmentโ€™s Environment and Natural Resources Divisionโ€™s Environmental Crimes Section is prosecuting the case.

The defendants will be arraigned at a future date.

Read the full release here

Right whales: Lawsuit on protections could last for months

April 27, 2020 โ€” A judgeโ€™s ruling that the federal government didnโ€™t take adequate steps to protect endangered whales will probably result in another monthslong court battle, parties to the lawsuit said.

Environmental groups sued the U.S. government with a claim that regulatorsโ€™ failure to protect the North Atlantic right whale from harm was a violation of the Endangered Species Act, and U.S. District Judge James Boasberg ruled April 9 that they were right. The right whales number only about 400 and are in the midst of a worrisome decline in population.

The government, environmentalists and industry members who are involved in the lawsuit must still return to court to determine a remedy. Boasberg ruled that the risk posed to the whales by the lobster fishery was too great to be sustainable, and that a remedy could ultimately result in new restrictions on lobster fishing.

The whales are vulnerable to lethal entanglement in lobster fishing gear.

Read the full story from the Associated Press at ABC News

Regional US council approves reducing Atlantic scallop harvest 17% in 2020

December 12, 2019 โ€” The New England Fishery Management Council has approved changes that would allow US harvesters to land about 52.0 million pounds of Atlantic scallops in 2020, roughly 17% less than the 62.5m lbs projected in 2019, the NEFMC reports in a statement released Wednesday.

The projected ex-vessel value of the harvest is expected to be close to $487m.

Regardless, the changes, included in the NEFMC-approved Framework 32, continue to support a scallop harvest that will be โ€œwell above the historical average,โ€ the NEFMC states adding:

โ€œThe resource, which is not overfished or subject to overfishing, is considered healthy.โ€

Read the full story at Undercurrent News

Good News for California Fisheries Seeking to Test Extended Hook and Line Fishing Gear in U.S. West

May 10, 2019 โ€” The following was released by the California Pelagic Fisheries Association:

The National Ocean and Atmospheric Administration (NOAA) has issued an Exempted Fishing Permit (EFP or โ€œpermitโ€) to allow two U.S. fishermen to test extended hook and line (both deep set and shallow set) fishing gear in Federal waters within the U.S. West Coast Exclusive Economic Zone (EEZ). A primary function of the testing is to determine if the U.S. fishermen can help to increase Americaโ€™s reliance on domestic seafood.

Currently the U.S. imports 90 percent of its seafood. The new permits could increase reliance on local seafood, particularly where swordfish and tuna are concerned. The North Pacific swordfish population, for example, is very healthy and would support a substantial additional harvest according to all international fisheries experts and published reports. Any increase in U.S. fisheries production improves Americaโ€™s seafood security as well as provides for a sustainable ecosystem footprint often lacking in the weak environmental oversight of foreign fisheries.

โ€œNOAAโ€™s decision is a huge win for American fisheries, fishermen and ultimately, the environment,โ€ said Dave Rudie, owner of Catalina Offshore Products and President of the California Pelagic Fisheries Association. โ€œIt will greatly benefit San Diego and southern California and our consumers as well.โ€

The EFP excludes any fishing within 50 miles of the coast or offshore islands and requires that a U.S. Government approved fisheries observer be present during all test fishing. Additionally, it requires a full suite of verified mitigation techniques be used during all test fishing. These techniques are known to reduce or eliminate interactions with sea birds, sea turtles and marine mammals.

About the California Pelagic Fisheries Association

The California Pelagic Fisheries Association (CPFA) was formed in 2015 by a group of American fishermen and seafood processors with the function of representing their interests in developing high seas (pelagic) fisheries in the Eastern Pacific Ocean. As a result of CPFAโ€™s ongoing efforts at both a local and national level, American consumers have more opportunities to enjoy the very best quality tuna, swordfish and similar species knowing they were harvested by American fishermen using proven environmentally friendly fishing techniques.

About Catalina Offshore Products

Founded in 1977, Catalina Offshore Products was once exclusively a sea urchin wholesaler in both domestic sales and exports. Today the company is one of the largest buyers of local seafood in San Diego, specializing in species found off the West Coast, from Baja and Southern California to the Pacific Northwest. Its business has expanded to include an online store and walk-in fish market and proudly remains family owned and operated. Recognized as an industry leader, Catalina Offshore Products is committed to providing high quality seafood choices from responsible fisheries or farms. For more information, visit catalinaop.com.

US harvesters hope agreement with BOEM, NMFS amplifies voice on windfarms

March 28, 2019 โ€” Annie Hawkins, executive director of the Responsible Offshore Development Alliance (RODA), a group that represents commercial seafood harvesters concerned about wind farms, says the 10-year memorandum of understanding her group signed this week with the US Bureau of Ocean Energy Management (BOEM) and the National Ocean and Atmospheric Administrationโ€™s (NOAA) National Marine Fisheries Service (NMFS) is a โ€œreally big deal.โ€

โ€œIt makes a platform and a mechanism for the fishing industry to give better and more impactful input to the offshore leasing industry,โ€ she told Undercurrent News.

โ€œThereโ€™s a lot of frustration in the commercial fishing industry. There are so many meetings and so many working groups and different parties involved, and there is an overall feeling that their input isnโ€™t really being well considered. This provides a clear channel for us to be able to amplify the messages and concerns of the commercial fishing industry and those are being given full consideration in the regulatory process.โ€

Commercial harvesters are generally supportive of efforts to come up with renewable energy but theyโ€™ve been growing concerned and more outspoken about the recent proliferation of wind farms on the Atlantic Coast and how they might be disrupting fishing operations.

There are already 15 active wind farm leases on the outer continental shelf (OCS) between the states of North Carolina and Massachusetts, covering nearly 1.7 million acres, according to a press release. They generate more than 19 gigawatts of energy, enough to power more than 6.5m homes.

But the region is also vital for many endangered and threatened marine species, including the North Atlantic right whale.

Read the full story at Undercurrent News

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