Saving Seafood

NOAA to Fully Fund At-Sea Monitoring Program in New England for 2018, Reimburse More Costs for 2017

August 16, 2018 — SEAFOOD NEWS — NOAA announced on Tuesday that they will fund 100% of New England At-Sea Monitoring costs for 2018, as part of an additional $10.3 million added to the budget by New England congressmen, including NH Senator Jeanne Shaheen.

In addition, they will provide an additional 25% subsidy for 2017 costs, based on the money they saved from Carlos Rafael’s fleets not fishing. Since there was less need for monitoring, the overall program cost was lower.

The cost to vessels for an at-sea monitor is about $710 per day. This can have a significant impact on the profitability of smaller trips.

In 2016, NOAA supported 80% of this cost. In 2017 that dropped to 60%, with NOAA making the argument that the costs eventually had to be fully paid by fishermen. However, with the additional funds from 2017, the subsidies for that year will now be 85%.

For 2018 NOAA will cover 100% of the costs.

Part of the additional money will be used to further develop electronic monitoring and less costly systems.

“This is very welcome money and good news all the way around,” Jackie Odell, executive director of the Northeast Seafood Coalition told the Gloucester Times. “It’s a lot for groundfishermen to pay for, especially as quotas decline and they lose access to key stocks.”

Senator Jeanne Shaheen said “Our state’s commercial fishing industry is operating on razor-thin margins and urgently needs relief from these burdensome fees, which is why I’m thrilled that funding is now available to cover the costs of at-sea monitoring.”

“Relieving our fishermen of these fees has been a top priority for me since NOAA unfairly shifted the responsibility for at-sea monitoring costs on to the backs of our fishermen. The commercial fishing industry plays a role in New Hampshire’s economy, history and culture, so ensuring its longevity will always be important to me. Negotiating this federal funding was one of my top priorities in the government spending bill.”

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission.

DON CUDDY: Sector reopening’s benefit to New Bedford remains to be seen

August 6, 2018 — The news emerged on July 19 that NOAA approved a plan that may now permit some New Bedford fishermen to go back to work.

It has been eight months in the making since the National Marine Fisheries Service shut down Sector IX last November after Carlos Rafael was convicted for falsifying landings and jailed. His fishing operation was so large that the closure impacted a lot of people in the business, both afloat and ashore.

In March, fishermen with quota in Sector IX moved to join Sector VII, which also operates out of New Bedford, but that quota remained frozen while the people at NMFS worked to determine how to correct for the “overage” — how much and of what species — that resulted from the fish caught and mislabeled by Rafael’s boats.

So while this decision is a small step forward for the groundfish industry here, it is not yet time to set the church bells ringing since the majority of the inactive quota is owned by inactive fishermen. When the catch share system was introduced in 2010 it gave all permit holders a slice of the pie — the “pie” being a share of the TAC, or total allowable catch, for the annual fishing year, which for groundfish begins on May 1. Individual allocations were based on a permit holder’s catch history over a ten-year period from 1998 to 2008, I believe it was.

This effectively means that all of the cod, haddock and flounder swimming around on Georges Bank, more than one hundred miles offshore, have someone’s name on their back, similar to a herd of cattle. And like cattle, these fish can be leased, sold or traded. So this allowed some fishermen to retire, stay home every year, and lease their quota. Also, you are not required to have a boat to keep a permit.

Read the full story at the New Bedford Standard-Times

NMFS ends New Bedford groundfishing ban

July 23, 2018 — Nearly eight months after NMFS announced the decision to shut down Northeast Fishing Sector IX following the criminal trial of quota-skirting kingpin Carlos “the Codfather” Rafael, the agency lifted the ban that has kept at least 80 fishermen off the water and out of work.

NMFS announced the end of the ban on Thursday, approving lease-only operation plans for Sector IX and allocated quota for Sector VII.

When little headway was being made in lifting the ban this spring, 55 vessels in Sector IX, including four owned by Rafael, moved to be included in Sector VII for the 2018-19 fishing season in order to lease their quota and recoup losses from missed fishing time.

The process was slow moving, with quota remaining frozen while NMFS officials and the New England Fishery Management Council worked to review and approve a new operating plan.

NMFS’ final rule on the situation — published and opened for comment on Friday, July 20 — “determines the quota overages that Northeast Fishery Sector IX is responsible for paying back, allocates annual catch entitlements to Northeast Fishery Sectors VII and IX for the 2018 fishing year, approves a new lease-only operations plan for Northeast Fishery Sector IX, and approves a substantive amendment to Northeast Fishery Sector VII operations plan,” according to the Federal Register.

Read the full story at National Fisherman

NOAA lifts New Bedford groundfish ban

July 23, 2018 — New Bedford’s groundfishing fleet began to emerge from the criminal shadow of Carlos Rafael on Thursday when NOAA Fisheries announced the approval of new operational plans for two fishing sectors that have been shut down for the past eight months.

They’re not fishing yet. But there is light on the horizon.

NOAA Fisheries, in an interim final rule published Thursday morning in the Federal Register, approved plans to transform Northeast Fishing Sector IX to a lease-only operation for 2018. Meanwhile, all of Northeast Fishing Sector VII’s 56 vessels remain inactive and those vessels and permits owned by Rafael will remain unable to fish until they are sold to independent third parties, NOAA Fisheries said.

“To become active, the sector board would have to allow a vessel to harvest sector annual catch entitlement consistent with normal sector operations, and notify (NOAA Fisheries) of the vessel change in status” the rule stated. “In contrast to the vessels owned by Mr. Rafael, these vessels do not need to be sold in order to be active in the groundfish industry.”

In both cases, NOAA Fisheries said, the agency approved plans developed by the individual fishing sectors in consultation with federal fisheries regulators.

Read the full story at the Gloucester Daily Times

NEW BEDFORD STANDARD-TIMES: Lifting federal ban on groundfishing a good first step toward rebuilding industry

July 23, 2018 — New Bedford fishermen last week received the news they had been waiting to hear for eight months. Federal regulators lifted their ban against Sectors VII and IX — two groundfishing groups tied to Carlos Rafael.

The ban, which had been in place since Nov. 20 of last year, prevented 17 boats and roughly 80 fishermen from going out to sea. And it caused a ripple effect that was felt around the seaport.

Fuel suppliers, fish processors, boat engine mechanics and all the other support industries that work with the fishing fleet were hurt. By one estimate, some 240 jobs were lost to the ban.

So Thursday’s announcement from the National Oceanic and Atmospheric Administration was welcome news.

“It’s finally happening,” said U.S. Rep. Bill Keating, who had long pressed for a timely resolution.

“We’re happy,” he said. “It’s something that we’ve been doing everything in our power to encourage.”

At The Standard-Times, we think NOAA’s action — albeit too long in coming — was a good first step. But we’re not ready to uncork the champagne yet.

Read the full opinion piece at the New Bedford-Standard Times

End of groundfishing ban only the first step of many for fishery

July 20, 2018 — It’s “finally” over, but it’s only the first step.

A saga that dragged on for nearly eight months ended Thursday when NOAA lifted its groundfishing ban that sidelined about 17 vessels and 80 fishermen.

What shocked Cassie Canastra, who is on the board of Sector VII, about NOAA’s final interim rule, was its finality.

“It was in effect immediately. That was shocking to me. That was great news. It allows us to start leasing right away …,” Canastra briefly paused before finishing her thought, “if we can. It’s tough.”

NOAA waived any comment or delay period, although comments will still be accepted. It approved Sector IX’s lease-only operational plan and allocated quota to Sector VII, establishing it as a lease-only operation until Carlos Rafael’s vessels are sold to an independent party.

Read the full story at the New Bedford Standard-Times

Regulators to allow banned fishermen to sell quota

July 20, 2018 — In a long-awaited decision that could have a significant impact on New Bedford, federal regulators said Thursday they will allow fishermen who had been banned from operating to sell their quota to other vessels, a move that city officials hope will boost the local economy.

Last fall, in an unprecedented punishment, the US National Oceanic and Atmospheric Administration banned 60 fishing permit-holders in the New Bedford area from allowing their boats to sail, after the owner of many of those vessels failed to account for the fish they caught and pleaded guilty to orchestrating a major fraud.

That decision resulted in the forced docking of 22 groundfishing boats operated by Carlos Rafael, a disgraced New Bedford fishing mogul known as “The Codfather.”

Many of the boats’ captains and crews, who collectively held a quota of 20 million pounds — or roughly 10 percent — of the region’s cod, flounder, and other bottom-dwelling species, have been out of work since November. The ban has also hurt many related businesses in New Bedford that supplied the vessels with rope, fuel, ice, and other fishing necessities.

Read the full story at The Boston Globe

NOAA Lifts Groundfishing Ban on Northeast Sector IX Vessels; Will Issue Interim Rule

July 19, 2018 — WASHINGTON (Saving Seafood) — Tomorrow, NOAA is scheduled to publish an interim final rule that “determines the quota overages that Northeast Fishery Sector IX is responsible for paying back, allocates annual catch entitlements to Northeast Fishery Sectors VII and IX for the 2018 fishing year, approves a new lease-only operations plan for Northeast Fishery Sector IX, and approves a substantive amendment to Northeast Fishery Sector VII operations plan,” in the Federal Register. When the rule is published, the supporting documentation, including the approved operations plans, will also be available. NOAA Fisheries will accept comments for 30 days and reserves the right to change the rule based on comments and/or new information.

The Standard-Times in New Bedford, Massachusetts has reported that, “Nearly eight months to the day after NOAA closed groundfishing for Carlos Rafael vessels, the agency lifted the ban on Thursday that had put at least 80 fishermen out of work.”

Massachusetts Senator Elizabeth Warren issued the following statement: “This plan allows our fishing families and business to get back to work. One man committed criminal actions and he’s justifiably in jail, but a lot of innocent people and businesses paid a price for his fraud. Finally, the industry can now move forward and I will continue to do everything to help fishermen and their way of life that embodies the Massachusetts spirit.”

Massachusetts Senator Ed Markey issued the following statement: “NOAA’s actions mean that our impacted New Bedford fishermen will be able to get back in the water. I am glad that fishing sectors IX and VII finally have a path forward to restore the important balance between sustainable fishing and fishermen’s livelihoods. I will continue to monitor this situation to ensure continued progress and a fair resolution so we can ensure that our Massachusetts fishermen and fishing-related businesses thrive.”

“It’s finally happening,” U.S. Rep. Bill Keating said. “We’re happy. It’s something that we’ve been doing everything in our power to encourage and to affect a swift resolution.”

New Bedford Mayor Jon Mitchell issued the following statement: “NOAA’s long-awaited decision to approve sector operation plans and allow limited groundfish operations to resume is an important first step and welcome relief to many New Bedford fishing families and waterfront businesses impacted by the closures of Sectors 7 and 9. I applaud all those industry leaders and elected officials who worked with the City and the Port Authority to constructively engage NOAA and highlight the economic consequences of the closure on innocent parties. Our focus now will be to advocate for the timely conclusion of the remaining civil enforcement case against Carlos Rafael and the transfer of his vessels and permits to third parties in the Port of New Bedford. Only then can we move past lease-only arrangements and return to normal groundfishing operations and management.”

Read more coverage at the New Bedford Standard-Times

Read the full interim rule here

 

Bristol sheriff’s captain convicted in ‘Codfather’ case

July 17, 2018 — A captain in the Bristol County sheriff’s office was convicted Sunday by a federal jury in connection with helping Carlos Rafael, the New Bedford fishing magnate, smuggle profits from his illegal overfishing scheme to Portugal, the US Attorney’s office in Boston said in a statement.

Jamie Melo, 46, of Dartmouth was convicted of one count of conspiracy to commit offenses against the United States and one count of structuring the export of monetary instruments. He was acquitted of one count of bulk cash smuggling. Melo was indicted October 2017.

Rafael, known as “The Codfather,” allegedly told undercover agents that he would conduct his smuggling schemes sometimes by himself and sometimes using others.

During the trial, evidence showed that Melo traveled with Rafael to the Azores in Portugal for a charity event sponsored by the Bristol County Sheriff’s Office. At the time, Melo was an administrative captain with the sheriff’s office.

Read the full story at the Boston Globe

‘How are we going to get paid?’; fishing ban continues to suffocate local businesses

July 9, 2018 — Anne Jardin-Maynard is an accountant. She doesn’t own a commercial fishing vessel. The New Bedford native works within an office on Centre Street.

Yet for more than seven months, a groundfishing ban implemented by NOAA has prevented Jardin-Maynard from receiving a paycheck. That doesn’t mean the owner of Jardin & Dawson, a settlement house, which handles payroll and accounting for fishing boats, has stopped working.

“If the boats aren’t fishing, how are we going to get paid,” Jardin-Maynard said.

NOAA announced the groundfishing ban at the end of last November as a result of Carlos Rafael falsifying fishing quota. It was also meant to delay operations for Sector IX, the fishing division where Rafael’s boats were associated, so it could draft provisions to prevent repeat offenses.

Since that time, though, the sector has assigned new board members multiple times, provisions have been drafted, and quota has been gathered as potential repayment, but the ban remains.

“I think they need to move it along,” said Jardin-Maynard, who is a new board member of Sector IX as well. “This has been a long time coming. The person that was involved in it (is penalized). It’s not fair for the other people to be involved in this. He’s paying his price.”

Rafael is serving a 46-month prison term in part for falsifying fishing records. While he serves his time in federal prison in Fort Devens, about 80 fishermen have been out of work sending a ripple effect throughout shoreside businesses from ice houses to processors to settlement houses.

Read the full story at the New Bedford Standard-Times