Will Carlos Rafael get the proceeds of the sale from the 881-pound tuna seized by feds? Will Carlos Rafael get the proceeds of the sale from the 881-pound tuna seized by feds? Will Carlos Rafael get the proceeds of the sale from the 881-pound tuna seized by feds? Will Carlos Rafael get the proceeds of the sale from the 881-pound tuna seized by feds?

Will Carlos Rafael get the proceeds of the sale from the 881-pound tuna seized by feds?

 
Asked by: Super UserKentoine Johnson in General » Other
Settled on 06/02/2012 04:06 by Super UserKentoine Johnson
Winning option: 'Proceeds go to a asset forfeiture fund'.
Recently, a New England groundfish vessel
incidentally caught an 881-pound bluefin tuna in a trawl net.
Recently, a New England groundfish vessel incidentally caught an 881-pound bluefin tuna in a trawl net. At the dock, an officer with the Massachusetts Environmental Police conducted a routine boarding of the vessel. Knowing that bluefin tuna are carefully monitored and regulated, the officer notified NOAA’s Office of Law Enforcement that a bluefin tuna had been caught.

At the dock, an officer with the Massachusetts Environmental Police conducted a routine boarding of the vessel. Knowing that bluefin tuna are carefully monitored and regulated, the officer notified NOAA’s Office of Law Enforcement that a bluefin tuna had been caught.

NOAA’s Office of Law Enforcement examined whether the vessel’s permits allowed it to catch, retain or sell the fish. The vessel had an Atlantic Tunas General category permit, which allows it to catch bluefin tuna, but only by using handgear (such as rod and reel, handline, and harpoon). There is no permit that allows bluefin tuna to be caught with trawl nets, even incidentally. Therefore, the vessel could not legally retain or possess this bluefin tuna.

This was explained, and the fisherman was issued a written warning under the Atlantic Tunas Convention Act. The fisherman voluntarily abandoned the fish to federal law enforcement agents.

If a bluefin tuna is caught with fishing gear that is not authorized, even incidentally, the bluefin tuna must be released and cannot be retained. This is important for the long-term sustainability of the species.

Atlantic bluefin tuna are vulnerable to overfishing because they are so valuable. The bluefin tuna now reproducing off the U.S. coast are between just 21 and 29 percent of their historic population in the 1970s, and because they are slow to mature and reproduce, rebuilding is a lengthy process.

Regulations are written and enforced to ensure there is no incentive to pursue or retain the fish beyond what is allowed under the Fishery Management Plan. The goals of the regulations are to help rebuild the stock and to protect the fishermen who target and depend on this fishery. It is important to carefully follow the regulations so U.S. fishermen can retain their share, and the associated jobs and profits, of this international resource.

Fishermen with questions about bluefin tuna regulations can contact Brad McHale in NOAA’s Office of Highly Migratory Species at (978) 281-9260 or by email at brad.mchale@noaa.gov. Fishermen with other questions about complying with fishing regulations can contact Don Frei in NOAA’s Office of Law Enforcement at (978) 675-2198 or by email at don.frei@noaa.gov.

Background


A Massachusetts fisherman pulled in an 881-pound tuna this week only to have the federal authorities take it away. It sounds like a libertarian twist on the classic novella by Ernest Hemingway, The Old Man and the Sea, but for Carlos Rafael, the saga is completely true.

Rafael and his crew were using nets to catch bottom-dwellers when they inadvertently snagged the giant tuna. However, federal fishery enforcement agents took control of the behemoth when the boat returned to port. The reason for the seizure was procedural: While Rafael had the appropriate permits, fishermen are only allowed to catch tuna with a rod and reel.

It would seem that unlike the fictional New England shark hunters in Jaws, Rafael didn't need a bigger boat, just a better permit.


In an interview with the Standard-Times of New Bedford, Rafael disputes the claims from the National Oceanic and Atmospheric Administration's (NOAA) enforcement division that the humungous tuna was trawled from the bottom of the Atlantic. "They didn't catch that fish on the bottom," he said. "They probably got it in the mid-water when they were setting out and it just got corralled in the net. That only happens once in a blue moon."

And while Rafael is denied the mother of all fish stories, the federal impoundment of his catch also means he's probably losing out on a giant payday. A 754-pound tuna recently sold for nearly $396,000. NOAA regulators do not share any of the proceeds from the fish's eventual sale with a fisherman found in violation of federal rules.

"They said it had to be caught with rod and reel," a frustrated Rafael said. "We didn't try to hide anything. We did everything by the book. Nobody ever told me we couldn't catch it with a net."

Rafael says he has meticulously prepared for a giant catch like this, purchasing 15 tuna permits over the past four years for his groundfish boats. He even immediately called a "bluefin tuna hot line" (yes, such things exist) to report his catch. "I wanted to sell the fish while it was fresh instead of letting it age on the boat," he said. "It was a beautiful fish."

Proceeds of the sale from the fish will be held in an account until the case is resolved, according to the National Oceanic and Atmospheric Administration's Office of Law Enforcement. "The matter is still under investigation," said Monica Allen, deputy director with NOAA Fisheries public affairs. "If it's determined that there has been a violation, the money will go into the asset forfeiture fund."

http://news.yahoo.com/blogs/sideshow/man-catches-881-pound-tuna-seized-feds-194650751.html

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