Saving Seafood

Warren Urges Dept. of Commerce, NOAA to Ensure Carlos Rafael Fishing Permits Remain in New Bedford

October 17, 2018 — The following was released by Senator Elizabeth Warren (D-Mass.):

United States Senator Elizabeth Warren (D-Mass.) today sent a letter to the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) to request that they do everything in their power to ensure that the 42 federal fishing permits held by disgraced fishing magnate Carlos Rafael remain in the Port of New Bedford.  The federal permits, which cover a significant portion of the ground fish industry and have an economic footprint that goes far beyond fish landings, are currently at risk of being revoked and distributed elsewhere under a civil administrative case brought by NOAA against Mr. Rafael.

Last year, Carlos Rafael, a New Bedford fishing magnate, pled guilty to 28 federal charges related to the management of his company, including falsifying fish quotas, mislabeling fish, conspiracy, and tax evasion. In a civil case filed in January 2018, NOAA called for the revocation of 42 federal fishing permits held by Mr. Rafael.

In her letter to Commerce Secretary Wilbur Ross, Acting NOAA Administrator Benjamin Friedman, and Chris Oliver, Assistant Administrator for Fisheries at NOAA, Senator Warren expressed serious concern about the devastating impact that removing the permits-which support many unaffiliated businesses and jobs that were not part of Mr. Rafael’s operation-from New Bedford would have on the regional economy.

“Millions of dollars of regional economic activity depend on Mr. Rafael’s permits remaining in the City of New Bedford,” wrote Senator Warren.  “An innocent community should not be collateral damage for one business’s crimes.”

The senator’s letter also emphasized the importance of the groundfish industry to the Massachusetts economy as a whole and noted that New Bedford already has the experienced workforce, infrastructure, and proud tradition to best utilize and maximize the economic benefits of the groundfish industry.

“It is critical for the city and South Coast region that these permits and allocations remain in the port of New Bedford, and in the hands of law-abiding fishing families and businesses,” Senator Warren continued. “Removing these permits from New Bedford would do lasting damage to families and businesses that have already suffered greatly through no fault of their own.”

The senator requested that the agencies take any and all available actions within their discretion to ensure that these critical fishing permits remain in New Bedford.

Read the full letter here

MASSACHUSETTS: Warren again calls for Rafael’s permits to stay in New Bedford

October 17, 2018 — Elizabeth Warren repeated a call she voiced last year by sending another letter to NOAA regarding Carlos Rafael’s federal fishing permits.

The Massachusetts senator addressed her two-page letter to Secretary of Commerce Wilbur Ross, acting NOAA Administrator Benjamin Friedman and assistant Administrator for Fisheries Chris Oliver and asked that NOAA keep the 42 permits the agency is targeting in its civil action in New Bedford.

“These permits cover a significant portion of the ground fish industry and have an economic footprint that goes far beyond fish landings,” the letter reads.

Warren sent a letter to NOAA last October, too, echoing the same sentiment.

NOAA filed a superseding civil action last month. In it NOAA sought to revoke the operator permits of 17 of Rafael’s captains. It also listed more than $3 million in fines. The move built on a civil action first filed in January where NOAA targeted Rafael’s permits.

Warren said in the letter that the permits support many innocent third-party businesses such as fish auctions, seafood processors, gear suppliers, ice providers, welders, engine mechanics and restaurants.

“The Port of New Bedford is vital to the economic health of the region and the federal government has a duty and responsibility to not cause significant economic harm to this community,” her letter read. “Removing these permits from New Bedford would do lasting damage to families and businesses that have already suffered greatly through no fault of their own. I urge you all to do everything that is necessary to ensure that does not happen.”

Even before NOAA’s civil action, politicians and organizations have argued for the final destination of the permits. Mayor Jon Mitchell and the City Council have individually sent letters to NOAA asking that Rafael’s permits remain in New Bedford. Last week, Councilor-at-Large Brian Gomes brought a written motion on the topic to the Council Chambers.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Tedeschi says Keating underperforms for fishing industry

October 9, 2018 — Republican Peter Tedeschi, the convenience store magnate and Republican candidate for congress in the Massachusetts 9th District, staged a small rally on the waterfront next to the fishing family sculpture Saturday and took aim at incumbent William Keating for what Tedeschi says are deficiencies in Democrat Keating’s job performance.

About 20 supporters either arrived with him on a district-wide tour, or came out locally to hear him.

He told The Standard-Times in an interview that mirrored his prepared comments, “I don’t believe that the fishermen down here and the fishing industry are getting adequate support from our current congressman. And that manifests itself in several ways.”

One, Tedeschi said, was that Keating had an opportunity to support the reauthorization of the Magnuson-Stevens Act. It’s an important act that basically dictates quotas, geographic fishing, what species fishermen are going to catch, and how much they’re going to be able to catch.

“Right now it’s sort of based on an arbitrary 10 year period,” he said. “We want to have it based on data. … So we had an opportunity to support that and he voted against it,” Tedeschi said. “If you’re going to support the fishing industry he should have supported reauthorization and he voted against it.”

He also took aim at the Monuments Act. The Monuments Act essentially put 5,000 square miles of fertile fishing areas off-limits.

“President Obama signed that into law unilaterally without a hearing, period. I would like to see that repealed so our commercial fishermen can start fishing in those regions, ” he said.

Read the full story at the New Bedford Standard-Times

Feds say few commercial fishing trips are monitored

September 27, 2018 — Federal officials revealed Wednesday that most of the New England fishing cooperatives that catch cod, haddock, flounder and other groundfish failed to meet the minimum standards for having observers on their boats.

Known as sectors, these cooperatives are groups of fishermen who come up with their own fishing plan and enforcement measures to manage their shares of the overall quota.

National Marine Fisheries Service regional administrator Michael Pentony sent letters to 14 of 19 sectors informing them that they were below the required 15 percent of their trips accompanied by fishery monitors and federal observers. Ten sectors were below 10 percent. Observers count and identify the fish caught and discarded, which helps scientists estimate impacts on fish populations.

“We are not trying to point fingers or lay blame,” Pentony told the New England Fishery Management Council at their meeting Wednesday, calling it a systemic problem.

“This report illustrates in bold type the core failure that has left the New England groundfish fishery in crisis: it is essentially unmonitored,” Johanna Thomas, director of the Environmental Defense Fund, wrote in an email. “This is not fair to fishermen, who need to have trust that decisions on their fishing activity is based on good information, and who need to know that there is a level playing field, that everyone is playing by the rules.”

Conservation Law Foundation senior attorney Erica Fuller said her organization has advocated for 100 percent observed trips either by humans or onboard cameras.

“Understanding budget constraints, NMFS should do everything in its power to get effective coverage that can provide accurate data and rebuild overfished stocks,” Fuller said.

The outcry for better observer coverage was especially intense following the arrest and conviction of New Bedford fishing mogul Carlos Rafael, known as “The Codfather,” who was able to illegally catch, process and sell fish, escaping detection for many years.

Read the full story at the Cape Cod Times

City leaders angered by US government action against former Rafael captains

September 26, 2018 — A recent action by the US National Oceanic and Atmospheric Administration (NOAA) to punish 22 captains of fishing vessels owned by convicted New England fishing mogul Carlos Rafael crosses the line, believe some important figures in the city of New Bedford, Massachusetts, the South Coast Today reports.

Last week NOAA filed a 51-page superseding charging document that added 20 of Rafael’s ship captains to the list of the two previously charged with violating a long list of fishing-related regulations. It seeks the revocation of 17 of the captains’ operator permits.

The captains have 30 days to request modifications to the charges against them, administrative hearings to challenge the charges, or additional time to respond.

NOAA’s latest move, which also includes increasing civil money penalties from about $1 million to $3m, builds on a civil action filed in January.

Rafael began serving a 46-month sentence in November after pleading guilty in March 2017 to operating a long-running scheme through which he submitted falsified records to the federal government to evade federal fishing quotas.

Read the full story at Undercurrent News

MASSACHUSETTS: NOAA’s recent Codfather update leaves New Bedford reeling

September 25, 2018 — Right when it seemed as if the seas were settling around New Bedford, Massachusetts and the crimes of disgraced fishing magnate Carlos “Codfather” Rafael, another wave of controversy has hit the beleagured city.

The latest contention in New Bedford comes in the wake of the National Oceanic and Atmospheric Administration’s (NOAA) issuance of a 51-page superseding charging document related to the agency’s civil administrative case against Rafael, initiated in January 2018.

Earlier this month, NOAA filed the new document, which called for the revocation of 17 operator permits held by Rafael’s captains and increased the civil penalties associated with the case from just under USD 1 million (USD 983,528, EUR 834,673) to more than USD 3 million (USD 3.3 million, EUR 2.79 million). The noncriminal document also upped the number of alleged fishing law violations – ranging from misreporting species to gear, scallop, and observer violations – to 88, according to The Standard Times.

These new developments have left some stakeholders in New Bedford’s fishing industry baffled. Jim Kendall, a former fishing captain and executive director of New Bedford Seafood Consulting, told local newspaper South Coast Today that he suspects former New Bedford mayor and ex-regional administrator for NOAA John Bullard of continued involvement with the case, even though Bullard retired from his post back on 19 January.

“I’ll tell you right now, you can print it or not, but I think John Bullard still has his thumb on the scale,” Kendall said.

Read the full story at Seafood Source

New Bedford shocked by NOAA’s latest move in Carlos Rafael case

September 24, 2018 — NEW BEDFORD, Mass. — Jim Kendall sees fingerprints on NOAA’s most recent allegations that go beyond Carlos Rafael and loop 22 of his captains into the agency’s non-criminal civil action.

“I’ll tell you right now, you can print it or not, but I think John Bullard still has his thumb on the scale,” the former fishing captain and executive director of New Bedford Seafood Consulting said.

Kendall backed up his claims by saying, “because I know John. He’s a vindictive SOB.”

Bullard is the former mayor of New Bedford, but in this case more importantly acted as the regional administrator for NOAA when Rafael was criminally indicted, pled guilty and was sentenced. Bullard also imposed a groundfishing ban on Rafael-owned vessels.

Except Bullard retired Jan. 19, about nine months before NOAA filed the updated charging documents on Sept. 10.

“A comment like that is insulting to all the people who do very important and hard work in the enforcement arena,” Bullard said. “They just follow the facts and where the facts lead. The only scales are the scales of justice. Nobody’s influencing. The only thing they are following is the facts.”

Bullard was at the helm when NOAA first filed charging documents on Jan. 10.

Read the full story at The New Bedford Standard-Times

 

NOAA seeks $3 million in fines from Carlos Rafael

September 24, 2018 — Carlos Rafael sits in federal prison, nearing the end of the first year of his 46-month sentence for bulk smuggling and lying for at least four years about the nature and value of his landings.

But that doesn’t mean NOAA is done with the man known as “The Codfather” or many of his vessel captains.

The federal fisheries regulator has updated the civil case against the convicted fishing mogul, more than doubling the number of violations to 88, seeking to revoke 42 of Rafael’s federal fishing permits and increasing the total amount of civil penalties against Rafael, his partners and some of his captains to $3,356,269 from the $983,528 contained in the original charging document.

The National Oceanic and Atmospheric Administration also said it will seek to prevent “Rafael or his agents” from applying for any NOAA permits in the future.

The new charging document also takes aim at the vessel captains that ran Rafael’s fleet throughout his era of malfeasance.

Read the full story at the Gloucester Daily Times

NOAA seeks $3 million in civil fines against Carlos Rafael

September 21, 2018 — NEW BEDFORD, Mass. — NOAA hasn’t removed Carlos Rafael from its crosshairs. It’s requesting more than $3 million from the fishing tycoon and also took aim at 20 additional Rafael captains in a civil action filed last week, the governing agency told The Standard-Times on Thursday.

NOAA issued superseding charging documents in its civil administrative case involving Rafael on Sept. 10, which added charges and included more respondents than the original document NOAA issued Jan. 10.

The new document seeks to revoke 42 of Rafael’s federal fishing permits, prevent Rafael or his agents from applying for NOAA permits in the future, and increase the total monetary penalties sought from $983,528 to $3,356,269.

NOAA said Thursday that it does not comment on ongoing litigation.

The documents, which are non-criminal, also increased the number of alleged violations of federal fishery laws from 35 to 88 in addition to lassoing 20 of Rafael’s captains into the civil action. The original documents included only two captains. NOAA also is seeking to revoke operator permits of 17 fishing vessel captains for Rafael.

Read the full story at The New Bedford Standard-Times

 

Losing grounds: Self-report or report by force

September 21, 2018 — Effective lobbying by anti-fishing NGOs leading to public concern about the environmental impacts of fishing, are leading to increasing restrictions on commercial fishing far beyond any regulation needed to assure the sustainability of the fishery. Commercial fishing as a livelihood and economic activity is under threat in much of the world.

No country illustrates this better than Australia, where anti-fishing groups have allied themselves with recreational fishing interests to have more and more of the country declared as No Commercial Fishing zones. Pressure from environmental NGOs caused the Australian government to pass a law specifically banning an individual large fishing vessel. A similar alliance in New Zealand is also being very effective at demanding more restrictions on fishing and the public relations by these groups has caused the New Zealand public to believe that marine fish are more threatened with extinction than the native terrestrial animals where roughly half have gone extinct.

In Europe, anti-fishing groups have great power in the European Parliament, successfully banning trawling in waters deeper than 800 meters, enacting a no-discard ban that could cripple commercial fishing, and recently banning electrofishing with trawls, which largely eliminates bottom contact and reduces fuel use.

At the international level ENGOs are pushing for 30 percent of oceans to be declared no-take marine protected areas. The ENGO argument is that commercial fishing uses a public resource for their own profit largely without oversight and is riddled with illegal practices, such as fishing in closed areas, discarding protected species, and misreporting catch. Recent convictions of well-known fishermen for these crimes reinforces the public view of fishermen as pirates.

The commercial fishing industry is losing the battle over the social license to operate.

To maintain the social license to operate, I believe fishing industries worldwide need to step forward and accept levels of transparency in fishing activities that were unimaginable a decade ago. If fishermen were to have detailed position monitoring for all vessels available to government regulators, and 100 percent at-sea coverage of catch and discards by cameras, there would be no argument that fishing is taking place in closed areas, or that discards and bycatch are not being recorded.

Read the full story at National Fisherman