August 25, 2017 — NEW BEDFORD, Mass. — Through a public records request, Rep. William Straus said he discovered that NOAA hasn’t disciplined Carlos Rafael since the indictment has been released.
That included an incident on Aug. 5, 2016, which occurred after the indictment, where public records also show that the Coast Guard cited the Lady Patricia, a Rafael vessel listed in the indictment, for “fishing without proper VMS designation.”
NOAA defines its Vessel Monitoring System (VMS) as a system supporting law enforcement initiatives and preventing violations of laws and regulations. It is used as evidence in the prosecution of environmental laws and regulations including regional fishing quotas, the Endangered Species Act, and the Marine Mammal Protection Act.
Rafael pleaded guilty in March to falsely labeling fish quotas, tax evasion and smuggling money.
NOAA said it doesn’t comment on ongoing cases, but it said it isn’t uncommon for the organization to issues penalties after criminal proceedings.
Straus, D-Mattapoisett, had requested from NOAA all charging documents involving Rafael.
“There was a pattern of behavior which concerned me about its impact on what we want to have in terms of managing the fishery,” Straus said.