Monday, April 18, 2011
Feds hope fish houses adopt plan
BY ADAM LINHARDT Citizen Staff alinhardt@keysnews.com
When a federal prosecutor called Rusty Anchor's recent conviction a "landmark case" of conspiring to buy and sell illegal seafood, he also spoke of impending, sweeping changes in the Florida Keys' "lawless" fishing culture.
The government hopes all Keys fish houses will adopt the so-called "environmental compliance plan" a judge ordered the Rusty Anchor to develop and follow to avoid being similarly caught and prosecuted. But some fish house operators say that's not necessary, claiming the feds are tainting the reputation of all for the crimes of a few.
U.S. Assistant Attorney Thomas Watts-Fitzgerald told a judge on April 11 that federal investigators will be watching the Rusty Anchor to make sure it implements its compliance plan as part of its plea agreement, which also imposes a $500,000 fine and five years' probation.
In court, the prosecutor was flanked by National Oceanic and Atmospheric Administration (NOAA) law enforcement agents Kenneth Blackburn and John O'Malley, the two investigators who over the last three years have been building many high-profile Monroe County cases of robbing lobster traps and violating conservation laws.Law enforcement agents allege that many Keys fishermen and seafood purveyors have skirted conservation laws for decades -- but no longer, Blackburn said.
"We're hoping that other businesses look at the Rusty Anchor's environmental compliance plan as a model," Blackburn said. "We've got a mess down here and my goal is to right the problem."The mess, Blackburn said, refers to the sale and purchase of illegally obtained seafood by fishermen who lack permits, take fish out of season or sell undersized fish.
"One of the unique problems in the Keys is charter boat captains selling to restaurants through the back door," Blackburn said. "When restaurants buy from recreational guys and not from wholesalers, they're undercutting the honest commercial fisherman. What's going on down here is that commercial guys are being pushed out by recreational guys."
As part of its plea agreement, the Rusty Anchor must train its staff on all environmental regulations, outline who can make seafood purchases on the docks, keep strict records of those transactions and subject themselves to unannounced inspections by federal agents.
"NOAA is taking the position that all these permits and documents have to be in possession of the fishermen when they arrive on the docks, and the checks have to be made out to the person whose name is on that permit, not the mate, not the guy who sold you gas, and so on," said Rusty Anchor attorney Jerome Ballarotto. "From what I've learned after negotiations with NOAA and the U.S. Attorney's Office is that they feel that the fishing industry here is operating in a manner different than that it has in other areas. They used words like 'lawless.' They described it as a sort of Wild West almost, and it's clear they're using the Rusty Anchor as an example of what they want done."
Other fish houses do not need to look to the Rusty Anchor's new plan as a model, said Florida Keys Commercial Fishing Association Executive Director Bill Kelly."Regrettably, some violations have been going on for a long time, but one fish house has given everyone a black eye. ... You can look to Peter Bacle and Gary Graves for ways to run your operation," he said, referring to the owners of the Stock Island Lobster Co. and Keys Fisheries in Marathon, respectively. "Mandating the Rusty Anchor into compliance does not create a role model plan for the industry."
Kelly praised NOAA and the Florida Fish and Wildlife Conservation Commission for investigating violators, particularly trap robbers who account for 8 percent to 10 percent of the lobster taken each season. Such violators haul in some 520,000 pounds collectively each year worth about $3.2 million, Kelly said.
Bacle was unimpressed upon hearing the news about the Rusty Anchor's compliance plan."It's more bureaucratic crap, more busy work, more employees for the government. And it's more of a burden on the fish houses and the commercial fishing industry," Bacle said. "I have been in fisheries and regulatory management long enough to know what incrementalism is." Bacle said he was near his "breaking point" in terms of government regulations."I think everyone in the industry is fed up with the never-ending flow of rules," Bacle said. "Those who don't follow the rules, they are not creating this 'culture' the government is talking about. One fisherman out of 1,000 breaks the rules and the whole industry gets a black eye." Bacle said that for most fishermen, it's far easier to comply than to break the law."The reality is that there is already a culture of compliance," Bacle said. "It may not always be happy compliance, but it is compliance."
Graves said he didn't understand the need for other fish houses to study the Rusty Anchor compliance plan."I'm not saying the Rusty Anchor was guilty or not guilty. I don't know the circumstances, but for the government to make broad statements about the whole industry is completely false," Graves said. "There is always a few bad apples in any business and that's unfortunate, but they're not the norm."
How the Rusty Anchor case will impact other fish houses or fishermen, if at all, remains to be seen, but Ballarotto said the government is making clear that change is afoot.
"We're going to hire an expert, put together this plan and abide by these regulations," Ballarotto said, saying the Rusty Anchor will fully adhere to the compliance plan. "I cannot imagine ... the government not asking others (fish houses) to follow suit."
