June 21, 2017 — Mayor Jon Mitchell penned a letter to NOAA regarding Carlos Rafael’s permits, a day after Maine’s congressional delegation signed a letter regarding the permits.
In an argument consisting of four pages, Mitchell provided legal precedent for the Department of Justice and NOAA to punish Rafael, while also keeping the 13 fishing permits in question in New Bedford. He likens Rafael’s case to those cases involving wrongdoing by the head of a large business. He states, “It is common for the government to tailor punishment so as to avoid harm to others who were not involved.”
Rafael’s business employ 285 fishermen.
Mitchell suggested Rafael sell his entire business to other New Bedford companies, forfeiting the proceeds to the government. It would entirely exclude Rafael from fishing despite possessing more permits than the 13 in question.
“If the Service affords him a reasonable opportunity to fully divest himself in such fashion,” Mitchel wrote. “The government can accomplish its enforcement goals and avoid harm to employees and other businesses.”
On Monday, U.S. Senators Angus King and Susan Collins, along with members of Congress Chellie Pingree and Bruce Poliquin, drafted a letter to U.S. Secretary Wilbur Ross stating the permits should be redistributed among “all eligible permit holders in the fleet.” The Congressional delegation cited the Magnuson-Stevens Act to justify its belief.
Politicians and organizations have jockeyed for leverage regarding the final destination of the permits almost immediately after Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion at the end of March.