Saving Seafood

Rafael Scandal Shuts Out Boats From Cod, Flounder Fisheries

November 20, 2017 — Federal regulators are shutting down fishing rights for a significant portion of New England’s stressed groundfish stocks, such as cod and flounder. The National Oceanic and Atmospheric Administration says managers for a New Bedford, Massachusetts-based sector undermined conservation goals while disgraced fishing magnate Carlos Rafael was falsifying catch reports.

There are 19 groundfish sectors in the Northeast, each representing a group of fishermen who manage catch quotas set by NOAA regulators. Sector IX is dominated by boats based in New Bedford and owned by Rafael, also known as “the Codfather,” who started a nearly four-year jail sentence in Fort Devens, Massachusetts, this month after he confessed to falsifying catch information.

Federal regulators say Sector IX officials, including Rafael’s daughter, failed to develop information to show that quotas were no longer being violated, and so its fishermen won’t be allowed to catch more groundfish this fishing year, which ends in April — or the next year, if a valid new management plan isn’t offered.

Read the full story at Maine Public

 

New England Council Supports Regional Administrator’s Action to Enforce Groundfish Sector IX Operations Plan

November 21, 2017 — The following was released by the New England Fisheries Management Council:

The New England Fishery Management Council supports today’s announcement by the National Marine Fisheries Service’s (NMFS) Greater Atlantic Regional Fisheries Office (GARFO) that it will be enforcing groundfish sector rules and the Northeast Fishery Sector IX operations plan.

Under Amendment 16 to the Council’s groundfish plan, GARFO’s regional administrator has authority to withdraw approval of a sector at any time he or she, after consulting with the New England Council, determines that: (1) sector participants are not complying with the requirements of an approved operations plan; or (2) “continuation of the operations plan will undermine achievement of fishing mortality objectives” of the Northeast Multispecies Fishery Management Plan.

Regional Administrator Bullard consulted with the Council on two occasions – first during the Council’s June meeting in Portland, ME and then again during the September meeting in Gloucester, MA. On September 27, the Council voted to request that “GARFO immediately enforce sector regulations and the Sector IX operations plan.”

“We asked them to enforce the rule, and that’s what they’re doing,” said Council Executive Director Tom Nies. “Since 2004, the Council has emphasized repeatedly that sectors are responsible for monitoring their catch and enforcing sector provisions. Sector IX failed to comply with its own enforcement provisions when its president admitted to reporting violations.”

NMFS published an interim final rule on April 28, 2017 stating it had “provisionally approved” the Sector IX operations plan for 2017 and 2018, along with the annual catch entitlement (ACE) allocated to the sector for 2017.

Carlos Rafael, who was president of the sector at that time, pleaded guilty on March 30 to falsely reporting catch information for 13 vessels operating under the sector. However, since the Rafael case was under litigation when NMFS published the interim final rule approving all of the region’s 19 sectors and their operations plans, the agency stated its intention to take “additional action” if warranted for Sector IX following settlement of Rafael’s criminal case.

Rafael was sentenced September 25 in U.S. District Court in Boston to 46 months in prison, three years of supervised release, and fines. On October 11, he was further ordered to forfeit his interests in four vessels and their associated permits.

GARFO’s announcement today withdrawing approval of the Sector IX operations plans means that vessels enrolled in Sector IX are prohibited from: (1) fishing on a sector trip and harvesting sector ACE; (2) fishing on a common pool trip; or (3) joining another sector.

However, the action does not reallocate the ACE to other sectors or to the common pool. NMFS is continuing to analyze the extent of the sector’s ACE overages based on the misreporting of catch information for several stocks. The agency stated, “Any accountability measures, such as assessing and deducting ACE overages incurred by the sector, (will) be determined in a future action.”

“For the future success of the sector system, fishermen and the public must be confident that sectors will adhere to management provisions.”

– New England Fishery Management Council in a September 29, 2017 letter to GARFO Regional Administrator John Bullard seeking immediate enforcement of sector regulations and the Sector IX operations plan

Learn more about the NEFMC by visiting their site here.

 

NOAA Fisheries Withdraws the Northeast Fishing Sector IX Operations Plan

November 20, 2017 — The following was released by NOAA Fisheries: 

Through an Interim Final Rule filed this morning, NOAA Fisheries withdraws approval of the 2017 and 2018 Northeast Fishery Sector IX operations plan. The Regional Administrator determined that the sector and its participants have not complied with the requirements of their approved operations plan, and that the continuation of the Sector IX operations plan will undermine achievement of the conservation and management objectives of the Northeast Multispecies Fishery Management Plan. This action follows the guilty plea and sentencing of Mr. Carlos Rafael, a major participant in Sector IX, who admitted to falsely reporting catch information.

Any Sector IX vessels that are currently at-sea on a groundfish trip must return to port immediately, and are allowed to offload and sell their catch. After that, vessels that are eligible to fish under other permits, without declaring a sector trip or using a multispecies day-at-sea, can continue to do so during the 2017 fishing year. Sector participants may not declare a sector trip or use a multispecies day-at-sea for the remainder of the 2017 fishing year. Sector IX may not lease in or out any groundfish allocation.

Read the rule as filed this morning in the Federal Register.

The comment period for this interim final rule closes on December 20.

You may submit comments on this document via the Federal eRulemaking Portal beginning November 22 or by sending them to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on the Interim Final Rule to Withdraw Approval of NEFS 9.”

Questions? Contact Jennifer Goebel, Regional Office, at 978-281-9175

Learn more about NOAA at their site here.

 

Pressure on regulators remains in ‘Rafael’ case

November 7, 2017 — CODFATHER IN PRISON, BUT PRESSURE ON GOVERNMENT REMAINS: Carlos Rafael — the New Bedford, Mass. based fishing mogul otherwise known as the Codfather — is scheduled to report to federal prison today. Yet even with a nearly four-year sentence, the pressure continues on regulators to ensure that he doesn’t return to his old ways.

What he did wrong: The prison sentence caps a career of 30-plus years in which Rafael flouted fishing laws — and authorities. At one fisheries meeting, he taunted officials by saying: “I am a pirate. It’s your job to catch me.” After being caught in undercover recording bragging about illegal activities, Rafael pleaded guilty in March to 28 criminal charges, ranging from falsifying federal records to smuggling cash.

Read the full story at Politico

Fishing magnate reports to prison

November 7, 2017 — GLOUCESTER, Mass. — Carlos A. Rafael, who once ruled the New Bedford waterfront with his personality and his vast fishing assets, reported to federal authorities on Monday to begin his 46-month prison sentence.

The U.S. Bureau of Prisons on Monday afternoon confirmed that Rafael, known as “The Codfather,” initially is serving his sentence at FMC Devens — which the bureau describes as an “administrative security federal medical center with an adjacent minimum security satellite camp.”

Read the full story at Gloucester Times

Government files appeal hoping to grab more Carlos Rafael permits

November 1, 2017 — NEW BEDFORD, Mass. — Just when it felt safe to close the Carlos Rafael case, the government appealed Judge William Young’s decision regarding forfeiture on Wednesday.

A motion for reconsideration was filed Oct. 25 by the government seeking Young to alter his decision to force Rafael to forfeit four vessels and the accompanying permits. Young dismissed the motion a day later.

Wednesday’s appeal will be sent to the U.S. Court of Appeals for the First Circuit, according to court documents. It pertains only to Young’s determination of forfeiture.

Young sentenced Rafael to 46 months in prison on Sept. 25 after the New Bedford fishing mogul pleaded guilty to falsifying fishing quota, bulk cash smuggling and tax evasion in March. A decision on forfeiture wasn’t made until Oct. 11. U.S. Marshals seized the Bull Dog, the Lady Patricia, the Olivia and Rafaela and the Southern Crusader II a week later.

Read the full story at the New Bedford Standard-Times

Government Appeals Carlos Rafael Forfeiture Decision to First Circuit Court of Appeals

November 1, 2017 (Saving Seafood) — The government prosecution in the Carlos Rafael case has filed notice that they are appealing Judge Young’s decision on forfeiture to the United States Court of Appeals for the First Circuit, as well as Judge Young’s memorandum denying the government’s motion for reconsideration.

The appeal can be read here.

For more information on the Carlos Rafael verdict:

Judge denies feds’ motion for Carlos Rafael to forfeit more vessels, permits

Judge issues forfeiture order in Rafael case

Judge denies feds’ motion for Carlos Rafael to forfeit more vessels, permits

October 26, 2017 — NEW BEDFORD, Mass. —  Judge William Young didn’t waste any time denying the United States’ motion for reconsideration in the case of Carlos Rafael.

The government filed the reconsideration on Wednesday, the same day Young filed his judgment.

The government sought Young to reconsider the forfeitability of Rafael’s vessels and permits.

Young ordered four vessels and the accompanying permits to be forfeited on Oct. 11. U.S. Marshals seized the vessels the Lady Patricia, Olivia & Rafaela and the Southern Crusader II on Oct. 18.

The reconsideration stated, “the court may correct a sentence that resulted from arithmetical, technical or other clerical error” within 14 days. The government, again, is seeking Rafael to forfeit all 13 vessels and permits associated with his guilty plea to 28 counts of falsifying fishing quota, bulk cash smuggling and tax evasion.

Read the full story at the New Bedford Standard-Times

 

Members of Congress Want Department of Justice to Penalize Carlos Rafael For Violations of MSA

October 27, 2017 — SEAFOOD NEWS — Commercial fishing mogul Carlos “The Codfather” Rafael pled guilty for violations of the Lacey Act, but now Congressman Raúl M. Grijalva and Congresswoman Chellie Pingree want the Department of Justice to penalize him for violations of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

Grijalva and Pingree sent a letter on Thursday to Secretary of Commerce Wilbur Ross and Department of Justice Attorney General Jeff Sessions seeking for the forfeiture of assets and permits that are not “directly linked to a specific crime.”

“We are writing today to follow up on a letter sent September 21, 2017 regarding Carlos Rafael, the leader of a massive illegal fishing operation in New England, reads the letter. “While Rafael pled guilty to violations of the Lacey Act and was recently sentenced to 46 months in prison, the judge bizarrely rejected the government’s recommendation that Rafael forfeit all 13 vessels involved in the crimes, instead requiring the forfeiture of only four vessels and 34 permits and levying a much lower fine than the government had recommended. We want to thank the Justice Department for its recent motion asking the court to reconsider the ruling, including the level of the fines.”

The letter goes on to state that it’s “unacceptable” to allow Rafael to “maintain the ability to transfer or sell millions of dollars worth of assets.” Although Rafael can no longer participate in the fishery, he still has a reported 27 fishing vessels, as well as an assortment of permits.

“Congress gave the Secretaries clear authority to completely remove bad actors from the fishing industry,” Grijalva said in a press release. “If they don’t use the authority here, it will send a clear signal to Codfather wannabees that the Magnuson Act is a joke. This administration claims to be all about law and order – this is a chance to prove it.”

The letter comes just as William D. Weinreb, acting United States Attorney for the District of Massachussetts, filed a motion to reconsider the forfeiture of Rafael’s vessels.

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

 

Sheriff’s captain accused of helping Rafael smuggle cash

October 26, 2017 — BOSTON — A Massachusetts sheriff’s office captain has been indicted on charges he helped a fishing magnate known as The Codfather smuggle profits of an illegal fishing scheme to Portugal.

The U.S. attorney’s office for Massachusetts says Jamie Melo was indicted by a federal grand jury on Wednesday on charges of bulk cash smuggling, structuring and conspiracy. The Bristol County sheriff’s office captain was arrested in August.

Read the full story at the Boston Globe