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Carlos Rafael Trial Delayed

January 24, 2017 — The federal trial of New Bedford fishing kingpin Carlos Rafael has been pushed back more than a month to March amid indications that Rafael is looking for a deal from federal prosecutors.

U.S. District Court Judge William Young, sitting in Boston, approved the defense’s request to reschedule the start of the trial to March 20 to accommodate a scheduling conflict for one of Rafael’s attorneys. It is the second time the original Feb. 6 trial date has been extended.

The motion for a continuance filed by Rafael’s attorney William H. Kettlewell also indicated that Rafael is speaking with prosecutors about resolving the charges in the 27-count indictment before the matter goes to trial.

“The short continuance requested in this motion will allow counsel time to complete (another) trial and complete discussions with the U.S. Attorney’s Office regarding resolving the matter short of trial,” Kettlewell wrote in his motion.

Kettlewell did not immediately respond Monday to a request for comment on the rescheduling or the possibility of a pre-trial deal.

Rafael, known widely as the “Codfather” to reflect his expansive fishing fleet of at least 36 commercial fishing vessels and significant waterfront holdings, is accused of 25 counts of lying to federal fishing regulators about the value and species of his seafood landings and selling portions of those landings off the books.

Read the full story at the Gloucester Times

Legal Sea Foods chowder not on Trump’s menu

January 13, 2017 — WASHINGTON — Ever since Ronald Reagan rode into this town, there’s been a certain custom here regarding Boston seafood. When new presidents move into the White House, the festivities include a steaming hot cup of New England clam chowder.

Or at least that used to be the tradition.

So far the Boston company that has traditionally supplied chowder, Legal Sea Foods, has been frozen out. Donald Trump’s campaign is built on challenging the status quo in Washington, and that evidently includes menus at inaugural lunches and balls.

“I haven’t heard from anybody yet,” said Roger Berkowitz, the CEO of Legal.

The reason is a matter of speculation. Could it be because Massachusetts voters didn’t support Trump? Or hard feelings over Legal’s ads making fun of Trump’s reported sensitivity about his small hands? Or is the new administration just charting its own course, unaware of tradition?

Berkowitz, for one, is holding out hope that the inaugural committee might still be interested in serving chowder during the weekend.

“It’s not partisan chowder,” he explained. “This has nothing to do with politics. . . . Maybe this is the chowder that brings America together — who knows?” It often comes down to the last minute, he said.

Read the full story at The Boston Globe

NEFMC SSC Meeting, Jan. 17, 2017, Live Streaming Information

January 12, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet on Tuesday, Jan. 17, 2017.  The public is invited to participate via webinar or telephone.  Here are the details.

MEETING LOCATION:  Courtyard Marriott, Boston Logan Airport, 225 McClellan Highway.  Hotel information is available here.

START TIME:  9:00 a.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available at:

https://attendee.gotowebinar.com/register/1862035415569459713.

There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (562) 247-8321.

The access code is 830-280-660.

Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The SSC will review information provided by the Council’s Groundfish Plan Development Team and make overfishing level (OFL) and acceptable biological catch (ABC) recommendations for witch flounder for fishing years 2017 and 2018.  The SSC also will:  (1) receive a presentation on revisions to the Magnuson-Stevens Fishery Conservation and Management Act National Standard 1 guidelines; (2) receive an update on the Council’s efforts to develop a worked example of an ecosystem-based fishery management approach for Georges Bank; and (3) discuss other business as necessary.

MATERIALS:  Meeting materials are available on the Council’s website at SSC Jan. 17, 2017 meeting.

QUESTIONS:  Call Joan O’Leary at (978) 465-0492 ext. 106 or email her at joleary@nefmc.org.  Or contact Janice Plante using the information below.

MASSACHUSETTS: Seafood being added to state Farm to School Project

January 3, 2017 — BOSTON — The state Division of Marine Fisheries’ Massachusetts Seafood Marketing Program has partnered with the nonprofit Massachusetts Farm to School Project to promote the consumption of local seafood in schools.

“The Massachusetts commercial fishing and seafood industries provide delicious food and employment for thousands of people in the Commonwealth,” said Gov. Charlie Baker in a news release. “This is a great connection to make and we look forward to the partnership between Massachusetts fishermen and farm-to-school programs to provide the Commonwealth’s children with fresh, nutritious seafood products that support cognitive development.”

Energy and Environmental Affairs Secretary Matthew Beaton, in the release, said “Increasing sales of local seafood to schools will not only help find new markets for Massachusetts fishermen, but will also address the critical issue of access to healthy food, and introduce future consumers to the benefits of incorporating seafood into their diet.”

During the two-year partnership, the partners will promote seafood as part of Massachusetts Farm to School’s Massachusetts Harvest of the Month campaign, hold a series of local seafood cooking demonstrations for institutional food service providers, and have already offered a seafood focus track at the Massachusetts Farm & Sea to Cafeteria Conference in November 2016.

“This partnership helps DMF better increase awareness and preference of Massachusetts seafood to support the Commonwealth’s seafood industry and communities by reaching schools, universities, and hospital food service staff, educators, and families though Massachusetts Farm to School’s network,” said DMF Director David Pierce.

The Baker-Polito Administration launched the Massachusetts Seafood Marketing Program in August 2016 to increase awareness and demand for local seafood products and support Massachusetts’ fishing and seafood industries.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: State Announces Seafood Marketing Program Partnership

December 29, 2016 — BOSTON, Mass. –The Division of Marine Fisheries (DMF)’s Massachusetts Seafood Marketing Program has partnered with the nonprofit Massachusetts Farm to School Project to promote the consumption of local seafood in schools.

“The Massachusetts commercial fishing and seafood industries provide delicious food and employment for thousands of people in the Commonwealth,” said Governor Charlie Baker. “This is a great connection to make and we look forward to the partnership between Massachusetts fishermen and farm-to-school programs to provide the Commonwealth’s children with fresh, nutritious seafood products that support cognitive development.”

During the two-year partnership, the partners will promote seafood as part of Massachusetts Farm to School’s Massachusetts Harvest of the Month campaign, hold a series of local seafood cooking demonstrations for institutional food service providers, and offered a seafood focus track at the Massachusetts Farm & Sea to Cafeteria Conference.

The state launched the Massachusetts Seafood Marketing Program in August to increase awareness and demand for local seafood products and support Massachusetts’ fishing and seafood industries.

Read the full story at CapeCod.com

Should you worry about mercury in seafood? What you need to know

December 15, 2016 — Are you feeling conflicted about eating seafood? Do you embrace the idea of getting healthy omega-3 fats in your diet — but worry that they might come with an unhealthy dose of mercury? If so, you’re far from alone — that’s one reason that the average American is not eating the recommended amount of fish and seafood.

The official recommendations for seafood consumption from the American Heart Association and the 2015-2020 Dietary Guidelines for Americans are to eat fish at least twice weekly — at least 8 ounces total — but only one in 10 of us do. The average person eats 3.5 ounces per week, and that drops to an average of 2 ounces during pregnancy — despite the recommendation that pregnant and breast-feeding women increase fish intake to up to 12 ounces per week.

If you’ve been playing it safe by limiting how much fish you eat, the good news is that you can relax. There’s a game-changer in the seafood and mercury debate — selenium. Selenium is an antioxidant mineral that helps prevent free radical damage to your cells, but it’s also an essential part of a few dozen enzymes (selenoenzymes) that protect your brain from damage. This is where seafood comes in.

According to Nicholas Ralston, Ph.D., a research scientist at the University of North Dakota’s Energy and Environment Research Center, part of the confusion about mercury and seafood comes from conflicting results from large studies on the effects of mercury consumption on childhood brain development. Ralston, who studies the health effects of mercury, spoke at the annual meeting of the Academy of Nutrition and Dietetics in Boston in October.

On one hand, two major studies, one from the Faeroe Islands and one from New Zealand, found low levels of harm from mercury exposure from seafood. On the other hand, studies in the United States and other countries found increased seafood consumption was associated with higher child IQ, despite mercury. Ralston said that when researchers dug harder to figure out what was driving the inconsistencies, they found the selenium link.

Mercury and selenium form an essentially unbreakable bond in your body. If you are getting more mercury than selenium, that doesn’t leave any “free” selenium for those brain enzymes. This can be especially devastating during pregnancy and shortly after birth, when a child’s brain is developing rapidly.

In the Faroe Island and New Zealand studies, the most heavily consumed types of seafood were whale and shark, which are high in mercury and very low in selenium. “That’s not what most people eat,” Ralston said. To top it off, both countries were also selenium-poor. “At the time of the study, New Zealand was one of the most selenium-poor nations on Earth. So throw some mercury at them, and they’re going to go down hard and fast.”

The U.S. is not a selenium-poor nation, but even if that weren’t true, the bottom line is that it is much safer to eat fish than to not eat fish. “There’s so much selenium in ocean fish that rather than falling behind in your selenium, you get enriched,” Ralston said. “The more fish you eat, rather than being in more danger of mercury toxicity, you’re safer.”

Read the full story at the Seattle Times

Partial transcript of Rafael’s meeting with undercover IRS agents revealed

December 12, 2016 — NEW BEDFORD, Mass. — Documents filed in U.S. District Court in Boston Thursday show seafood mogul Carlos Rafael implicating his whole family in his alleged scheme to smuggle cash to the Azores and turn large catches of protected fish into large amounts of cash by selling them under the table.

Rafael is also quoted as boasting that he pressured Bristol County Sheriff Thomas M. Hodgson, into giving Deputy Sheriff Antonio Freitas a raise and promotion, and in turn using Freitas to get large amounts of cash around immigration and customs at Logan Airport.

The document is an official response to requests by Rafael and Freitas to be tried separately to preserve their individual rights.

The items are contained in a partial transcript of a meeting Rafael had with two men he thought were Russian businessmen but who were actually IRS agents operating under cover to learn how Rafael did business.

Rafael explained that as many as eight people in his family would make the trip to the Azores carrying cash that Freitas could bypass from customs.

Read the full story at the New Bedford Standard-Times

‘Codfather’ asks court to split his, deputy’s cases

November 28th, 2016 — New Bedford fishing kingpin Carlos Rafael and the Bristol County sheriff’s deputy indicted as Rafael’s co-defendant each are seeking to be tried separately in U.S. District Court in Boston.

Rafael, known widely as “The Codfather” because of his vast New Bedford fishing assets and waterfront holdings, and Antonio M. Freitas, the Bristol County deputy sheriff, are scheduled to stand trial together on Jan. 9.

Attorneys for both men filed separate motions with the court earlier this week to sever the cases. The motions also seeks to have the court try each defendant separately, each claiming the other’s statements to law enforcement officials would injure their own cases if tried together.

 Both men have pleaded not guilty to the charges.

“A joint trial presents a serious risk of compromising Mr. Rafael’s Sixth Amendment confrontation rights in light of incriminating evidence made to law enforcement by Mr. Freitas,” William Kettlewell, Rafael’s defense attorney, wrote in his motion to U. S. District Court Judge William Young. “Moreover, severance in this case would not be administratively burdensome as the defendants are jointly named in only one of 28 counts alleged in the indictment.”

Read the full story at The Salem News 

Fishermen say they’ll appeal mandate to pay at-sea monitors

November 1, 2016 — BOSTON — New England commercial fishermen suing the federal government over the cost of at-sea monitoring say they plan to take their case to the federal Court of Appeals.

At-sea monitors are workers who collect data that help inform fishing regulations. The government shifted the cost of paying for monitors to fishermen earlier this year.

A federal district court judge ruled in July that it was legal to require fishermen to pay for the monitors, who can cost hundreds of dollars per day.

The fishermen behind the lawsuit have filed a notice of appeal that says they intend to take the case to the U.S. Court of Appeals for the First Circuit in Boston.

Read the full story from the Associated Press at the Portland Press Herald

Bay State lobstermen press pols to ease access to restricted areas

September 22, 2016 — BOSTON — Bay State lobstermen want federal fishing regulators to work with them to ease restrictions on lobstering in Massachusetts Bay and two areas east of the South Shore, proposing new safety measures that would allow boats to continue to operate while also protecting endangered whales.

Local lobstermen and leaders of the South Shore Lobster Fisherman’s Association met Wednesday at the State House with legislators and representatives for members of the state’s Congressional delegation to discuss their pitch for preventing whale entanglements without having to remove all traps from February through April.

“The point is not to repeal the closure. It’s to reach a compromise,” said Sen. Bruce Tarr, R-Gloucester.

John Haviland, president of the association who lobsters out of Green Harbor, said lobstermen are proposing to open three sections — representing a fraction of the larger 2,965 square nautical mile restricted area — for parts of the three-month ban as long as traps are retrofitted with sleeves for their vertical lines that would break every 40 feet under 1,575 pounds of pressure.

Haviland said the line-safety improvement proposal is based on research done by the New England Aquarium and Wood’s Hole Oceanographic Institute showing that right whales would be as much as 85 percent less likely to become entangled in lines engineered to break at those specifications.

Beginning in 2015, the National Marine Fisheries Service implemented a rule designed to protect right and humpback whales that prohibits lobster traps in an area stretching from Cape Cod Bay to Boston between Feb. 1 and April 30.

Read the full story from State House News Service at the Gloucester Times

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