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New Bedford Standard-Times: Time for NOAA and Sector IX to strike deal

February 20, 2018 — Eighty New Bedford groundfishermen.

They’ve had no work now for almost three months.

In the end, those are the guys and it is their families who are paying the biggest price for Carlos Rafael’s longtime conspiracy to falsify fishing records and smuggle the cash overseas.

But since Rafael was the big guy on the New Bedford waterfront, the guy who owns the majority of the boats in Sector IX, the fishermen have been out of work since Nov. 20 when regional NOAA administrator John Bullard ordered the sector to stop fishing.

Bullard said that Sector IX has not accounted for the overages their group racked up while Rafael was mislabeling more than 700,000 pounds of fish. He has also argued that the reorganized sector has not enacted better enforcement provisions to prevent a repeat of the criminal activity.

For their part, Sector IX’s lawyer, Andrew Saunders, points out that Rafael was able to engage in his wrongdoing because he controlled both the fishing boats and was also the fish dealer (Carlos Seafood). That is no longer the case because all fish caught by Rafael’s boats must now be processed at the Whaling City Seafood Display Auction.

Saunders further pointed out to NOAA that the agency is aware that it is virtually impossible for Sector IX to determine the overages while the IRS is in possession of Rafael’s records until the start of the next fishing season in May. Still, in a Dec. 20 letter, Saunders, wrote NOAA that the sector is working to compile accounting for the misallocations of fish.

Complicating the whole scenario is who is going to control Rafael’s groundfish and scallop boats going forward as the federal judge has ordered him out of the commercial fishing business. Richard and Ray Canastra, owners of the display auction, have offered Rafael $93 million for 42 fishing permits and 28 boats, a deal that would keep the fishing effort in New Bedford, and the 80 fishermen employed. Not to mention all the New Bedford fishing supply and seafood processing operations that are dependent on Rafael’s fleet.

Read the full story at the New Bedford Standard-Times

 

One Square Mile FORUM: After the Codfather

February 14, 2018 — Before he pleaded guilty to flouting federal catch limits and smuggling money, Carlos Rafael, nicknamed “the Codfather,” controlled the largest groundfishing fleet that sailed out of New Bedford. How are the city’s fishing industries moving forward after the trial? What does the future hold for groundfishing and other fisheries? What are the biggest promises and challenges? What lessons can be learned from Carlos Rafael?

REGISTRATION IS FREE, BUT REQUIRED : REGISTER NOW THROUGH EVENTBRITE

Join Rhode Island Public Radio and UMass-Dartmouth for a public forum to discuss these and other topics related to New Bedford’s fishing industry.

WHEN:  Wednesday, February 21st from 6:00 to 7:00 PM.

View the whole announcement at Rhode Island Public Radio

 

Massachusetts: Sunken boats owned by ‘Codfather’ now back on surface

February 14, 2018 — NEW BEDFORD, Mass. — Two sunken fishing boats owned by the imprisoned “Codfather” have now been pulled back up to the surface in New Bedford.

Crews got the Dinah Jane afloat Monday, while the Nemesis was pulled up during the weekend.

The two scallop boats sank a week earlier as they were tied up together at Homer’s Wharf.

The salvage was made a little tricky because the boats got a little tangled up as they went down.

“It seems like it worked out pretty well, in terms of the salvage operation,” said Edward Anthes-Washburn, who is the executive director of the New Bedford Harbor Development Commission.

The Coast Guard is trying to determine why the boats sank, noting that not much fuel leaked into the water during the mishap.

Both boats are owned by Carlos Rafael, now infamously known as the “Codfather” after he was sent to prison in 2017 for falsifying fish catch records to evade quotas and smuggling cash to Portugal.

The two scallop boats that sank were working recently, but much of Rafael’s big fleet is not.

The government shut down more than a dozen of his groundfish boats as part of the punishment.

Read the full story at WJAR

 

Massachusetts: Rep. Keating Looking to ‘Speed Up’ Ending of NOAA Fishing Ban

February 12, 2018 — U.S. Representative William Keating recently met with new NOAA Regional Administrator Michael Pentony, and the congressman said he’s optimistic that the Sector IX groundfishing ban could soon come to an end.

“It was a great meeting,” Keating said. “There’s no learning curve with him in terms of what the issues are, and that’s an important thing.”

Keating met with Pentony on Tuesday night, just a few weeks after he was appointed the new regional administrator following the retirement of John Bullard.

“I requested, as soon as he was appointed, the opportunity to sit down with him,” Keating said. “He was great. He came to (Washington) D.C., sat down, and we talked for over an hour. We talked about general issues, but I also wanted to focus on what was going on in New Bedford in particular.”

The biggest issue, of course, is the groundfishing ban NOAA placed on Sector IX back in November. The ban is directly related to convicted “Codfather” Carlos Rafael, who owns 22 of the boats in Sector IX and whose illegal overfishing scheme has kept the sector from putting forth an operations plan acceptable to NOAA. Bullard said before his retirement that the ban cannot be lifted until the sector can accurately determine how much and what stocks Rafael overfished, and how the sector plans to go about making up for that number of lost fish.

Congressman Keating said his office has been in weekly contact with NOAA since the criminal proceedings against Rafael began last spring, because he said he knew then there would be repercussions that would reverberate through New Bedford and beyond.

Read the full story at WBSM

Massachusetts: Carlos Rafael’s Nemesis pulled from water in New Bedford

February 12, 2018 — NEW BEDFORD, Mass. — Crews managed to lift the fishing vessel Nemesis out of about 20 feet of water on Friday.

The Dinah Jane remained submerged but will be pulled from the water soon. It has yet to be determined when exactly.

The two Carlos Rafael scallopers sank around 1:30 a.m. Monday at Homer’s Wharf.

On Friday, crews blew air into the sunken vessel and used a crane to stabilize it. After examination, the Nemesis will likely remain docked off Homer’s Wharf, according to the Harbor Development Commission.

Read the full story at the New Bedford Standard-Times

 

A Famed Fishing Port Staggers as Carlos Rafael Goes to Jail

February 12, 2018 — NEW BEDFORD, Mass. — Carlos Rafael, whose initials are emblazoned on boats all over this port city, boasted that his fishing empire was worth even more than official records showed. His trick? When he caught fish that are subject to strict catch limits, like gray sole or cod, he would report that his nets were filled with something far more plentiful, like haddock.

“We call them something else, it’s simple,” Mr. Rafael told visitors who seemed interested in buying his business. “We’ve been doing it for over 30 years.” He showed off a special ledger labeled “cash.” And he described an under-the-table deal he had going with a New York fish buyer, saying at one point, “You’ll never find a better laundromat.”

But Mr. Rafael’s visitors turned out to be Internal Revenue Service agents, and the conversations, caught on tape and described in court documents, began the unraveling of Mr. Rafael, whose reign over a segment of this region’s fishing industry gave him his larger-than-life nickname, “the Codfather.”

As Mr. Rafael sits in prison, having pleaded guilty to lying about his catches and smuggling cash out of the country, nearly two dozen of his boats have been barred from fishing for species like cod and haddock, grinding part of the centuries-old maritime economy in the nation’s most lucrative fishing port to a halt.

Fishermen, ice houses and shoreside suppliers who once did business with Mr. Rafael are anxious, as their own businesses have slowed or stopped. Regulators, who oversee a federal system aimed at limiting what the industry fishes for, want more penalties, raising doubts about the future of the port when it comes to groundfish, the bottom-dwelling species like cod that were once the backbone of the fishing industry in New England.

“There are a lot of people on this waterfront, very hardworking people, whose livelihood depends on Carlos’s landings,” said Jon Mitchell, the mayor of New Bedford. “They don’t deserve to suffer along with him.”

Tony Fernandes, a captain on one of Mr. Rafael’s boats, said he was collecting unemployment benefits and waiting to learn when he may be able to fish again. “He’s putting in his time and he paid his fine,” he said of Mr. Rafael. “We are in limbo.”

For decades, Mr. Rafael, 65, was a blustery, polarizing figure along these piers. He called himself a pirate, and mocked smaller competitors as maggots or mosquitoes. When he wasn’t yelling into his phone in Portuguese, he held court around town, talking politics and fish. The authorities said he owned one of the country’s largest commercial fishing enterprises, and analysts estimate that he controlled about one-quarter of New England’s landings of groundfish. Mr. Rafael also had boats to harvest scallops, which now make up a much greater share of New Bedford’s total landings than groundfish do.

But Mr. Rafael also served as a dealer for the seafood that came off his boats, which prosecutors say made it easier for him to lie about what he was catching and how much he was getting for it.

“Carlos Rafael has been well known in the commercial fishing industry for 30 years,” said Andrew Lelling, the United States attorney for Massachusetts, who prosecuted the case. “And, for almost as long, federal law enforcement has heard rumors and concerns about Rafael acting illegally.”

Some people in New Bedford saw Mr. Rafael far differently — as a Robin Hood of sorts, with a pack of cigarettes and a dinged-up Silverado. He was a Portuguese immigrant who had started out cutting fish and eventually provided jobs for many people along a waterfront that has been bustling since Herman Melville immortalized its cobblestone streets and whaling ships in “Moby Dick.”

He saw an opportunity eight years ago when the government moved forward with a new regulatory system in New England, after Congress mandated that science-based limits be used to prevent overfishing. The cod catch, long a staple of New England’s economy, had fallen over the years.

Instead of the former approach of limiting how many days boats could spend at sea, the new regulations by the National Oceanic and Atmospheric Administration set specific ceilings on how many fish could be caught. The rules instantly were contentious, especially when regulators set low limits for dwindling species like cod to help them rebound.

Read the full story at the New York Times 

One Square Mile in Massachusetts: While Scallops Soar, Groundfishing Struggles In New Bedford

February 9, 2018 — The Port of New Bedford is often touted as the most lucrative in North America. That’s thanks mainly to the popularity, and apparent abundance, of scallops. But the success of scallops may be masking hard times for other parts of the fishing industry.

Pat Kavanagh owns three fishing boats in New Bedford. Two for catching groundfish like cod, haddock and flounder. The other is a scallop boat. Right now, that’s his moneymaker.

“As far as groundfishing, groundfishing’s been tough for the last twenty years,” said Kavanagh.

He’s tight lipped about how much he actually makes from the three boats each year.

“But I can say it’s a damn good thing we’ve got a scalloper,” said Kavanagh.

Like many fishermen, Kavanagh got into this business through family, working on his father’s boat. But since the 1980s regulations have tamped down on fisheries, and it’s become harder to get a start in the business. Groundfish prices have fallen, and Kavanagh says buyers are looking elsewhere for product.

“The world has gotten smaller with airplanes and flying fish around,” said Kavanagh. “So we’re competing with the world and there’s some pretty cheap fish out there and there’s actually some pretty good fish.”

The fleet has dwindled, and in the last year, New Bedford suffered another major blow. Carlos Rafael, the owner of a local groundfishing fleer pleaded guilty to falsifying his catch. He’s now serving a four-year prison sentence. His fleet sits impounded at the docks. Federal regulators have suspended his boats from fishing.

Whether you worked with Rafael or not, the shrinking fleet has put strain on other businesses, including Levin Marine across the harbor in Fairhaven, which makes netting for groundfishing.

Read the full story at Rhode Island Public Radio

 

Massachusetts: Rep. Keating optimistic after meeting with NOAA on groundfishing ban

February 9, 2018 — NEW BEDFORD, Mass. — William Keating left a meeting with NOAA’s new regional administrator feeling optimistic regarding the agency’s stance on Sector IX.

The U.S. House member representing New Bedford met Tuesday night with Michael Pentony, who replaced John Bullard at NOAA and began his new role two weeks ago. Keating wanted to discuss the groundfishing ban that’s holding about 80 New Bedford fishermen off the water.

“What can I do to get people back fishing as quickly as possible?” Keating said. “That is creating my strong feelings of urgency around resolving the operations plan. That has to be done to go forward. NOAA is very clear about that.”

Neither NOAA nor Pentony would comment on the groundfishing ban placed on Sector IX.

However, Pentony also left the introduction with Keating with a feeling of optimism.

″(It was) very positive,” Pentony said. “I’m looking forward to continuing to work with the Congressman and his staff.”

Keating said his office remains in contact with NOAA on a weekly basis. The dialogue first began last spring.

The urgency, from Keating’s perspective results from the belief that the groundfishing ban established last November affects more than New Bedford.

As the most valuable fishing port in the country 17 years running, any splash in New Bedford ripples throughout Massachusetts, Keating said.

“It’s not only for our city, not only for our region, but for Massachusetts as a whole,” Keating said. “Having this cohesive industry situated the way that it is and the growth that can come from that … that is important in terms of the economic side that should be factored in.”

Because of its widespread effect on the state, Keating said he’s working with U.S. Senators Elizabeth Warren and Ed Markey on urging an immediate solution.

Read the full story at the New Bedford Standard-Times

 

Massachusetts: Boats owned by jailed ‘Codfather’ sink in New Bedford

February 5, 2018 — NEW BEDFORD, Mass. — Two Carlos Rafael vessels will remain submerged under about 25 feet of water until at least Tuesday, the earliest a lifting machine can arrive, according to the New Bedford Fire Department.

The fishing vessels Dinah Jane and Nemesis sank early Monday morning. New Bedford police and fire responded to Homer’s Wharf at 1:24 a.m. after the vessels’ emergency position radio beacons transmitted a signal to the Coast Guard at about 1 a.m. No one was onboard the vessels.

The two vessels were tied to each other and one pulled down the other, according to Edward-Anthes Washburn, the executive director of the Harbor Development Commission.

The cause of the sinkings won’t be known until the fishing vessels are raised, Fire Chief Michael Gomes said.

After arriving, New Bedford Fire deployed about 400 feet of oil containment boom. At least one of the vessels did leak fuel oil, but Gomes said a diver plugged the vents, which leaked. The situation continues to be monitored.

According to the Coast Guard, the 65-foot Dinah Jane and 67-foot Nemesis contain a combined capacity of 9,500 gallons of fuel.

Carlos Seafood Inc. didn’t return requests for comment on Monday. Rafael, also known by some as “Codfather,” was sentenced last year to 46 months in prison for falsifying fishing quota, bulk cash smuggling and tax evasion.

The Massachusetts Department of Environmental Protection and the New Bedford Harbor Development Commission also arrived on scene Monday morning. The vessels were already submerged when all agencies reported.

Read the full story at the Cape Cod Times

 

Scallops seized from Rafael vessel

January 31, 2018 — Carlos Rafael may be in prison and his groundfishing fleet grounded, but his scallop fishing vessels are still running into trouble with the authorities.

The Massachusetts Environmental Police boarded the Dinah Jane, one of Rafael’s vessels, on Sunday and, after conducting an inspection, confiscated 120 pounds of scallops that they say was beyond the boat’s permitted limit of 800 lbs, South Coast Today reports, based on information obtained from the police.

Police asked if any more scallops were left on the boat after watching it be offloaded. They were told there weren’t before they found the shellfish buried under ice, according to the newspaper that serves the New Bedford, Massachusetts, community where Rafael’s boats make their landings.

Read the full story at Undercurrent News

 

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