Carlos Rafael Archives - Page 23 of 28

MASSACHUSETTS: Labor Council latest to make plea for Carlos Rafael permits to remain in New Bedford

May 8, 2017 — The line of organizations with their eyes focused on the future of Carlos Rafael’s fishing permits continued to grow Friday.

The Greater Southeastern Massachusetts Labor Council addressed a letter to John K. Bullard, NOAA’s regional director from Maine to Cape Hatteras, North Carolina, as well as U.S. Attorney William Weinreb that urged the two men “to allocate the fishing permits now controlled by Carlos Rafael to the New Bedford area.”

“We sent a letter basically because of the fishing industry in New Bedford,” Cynthia Rodrigues, president of the council said. “(The permits landing elsewhere) will hurt the fishing in New Bedford.”

Bullard said he couldn’t comment on matters under litigation but saw no issues with parties announcing their opinions on the matter.

“I think it is perfectly fine for people to weigh in on what they think should happen in this case. It is a significant case and many people have been impacted,” he said. “There is nothing wrong with people letting us know how they feel about this case or what they think the government should do. That is perfectly appropriate at any time. But the case is under litigation.”

Read the full story at the New Bedford Standard-Times

Other New England Groundfish Sectors Demand Equitable Distribution of Rafael Permits

May 8, 2017 — SEAFOOD NEWS — The Sustainable Harvest Sector, one of the fishery cooperatives authorized by the New England Fishery Management Council, has called again for NMFS to redistribute Carlos Rafael’s fishing permits to the entire industry, by returning the catch history to the entire region. Below is a statement from the Board of this Sector, making the case as to why NMFS should act in this manner. [Saving Seafood Editor’s Note: The Board of this Sector consists of Frank Patania, Anthony Fernandes, Phil Ruhle, Jr., Maggie Raymond, James Odlin, Marshall Alexander]

They also rightly state that any geographic preference, such as permanently awarding a portion of quota to New Bedford, requires an extensive public consultation and rulemaking, as such geographic allocations are outlawed under Magnuson except in very special and specific cases.

Fair and Just Compensation in the Case of Carlos Rafael

As Carlos Rafael’s criminal case of money laundering and fishery fraud winds toward closure, the National Marine Fisheries Service must confirm how to re-allocate Rafael’s fish harvesting privileges. The government plans to seize thirteen vessels and fishing permits. That still leaves Rafael with dozens more boats and permits to continue operating, and many fishermen believe he should be expelled from the fishery entirely. But whether it’s thirteen permits seized or the three dozen he owns, each one has some amount of fishing rights ‘attached’ to it which must be re-allocated.

The New England Fishery Management Council is the primary federal body which controls quota allocation, and it already has a re-allocation mechanism in place. Several years ago, the Council voted that the harvesting rights attached to any permit surrendered to the government would be proportionally redistributed to all remaining permits in the fishery.

Though the Council perhaps did not envision a seizure of this magnitude, the mechanism actually works quite well here. Carlos Rafael has a long history of breaking a myriad of fishing rules, including quota-busting, violations of fishing time limits, closed area incursions, and false catch reporting to the government. The nearly twenty publicly available settlement agreements with the government follow a timeworn, repeat pattern: A violation, followed by a negotiated fine which is just the cost of doing business in a criminal enterprise.

Rafael stole from every other fisherman in New England. Over the last five years, his boats poached fish from waters off Downeast Maine to the Rhode Island coast. While everyone else was suffering under severe cuts to their allowable catch of cod and flounder, Rafael simply decided those cuts didn’t apply to him, and smuggled the fish ashore anyway.

So the Council’s re-allocation mechanism rewards those who play by the rules. If offers some relief to fishermen working under stringent catch limits which might be a bit higher if not for Rafael and his complicit captains. It buttresses the logic that as the crimes were committed throughout the region, relief should be distributed throughout the region as well.

The City of New Bedford believes Rafael’s thirteen permits should be confiscated, then locked to that port in perpetuity. This is an understandable position but is morally bereft. Locking the quota to that port denies redress to the vast majority of Rafael’s victims. The City of New Bedford has only benefitted from Rafael’s continuous criminal acts. It is unseemly to enjoy those benefits for twenty years then, once the scam is exposed, seize them for all time.

New Bedford is by far the nation’s richest fishing port and has been for at least a decade, landing $300-$400 million of seafood annually. In contrast, the entire New England groundfishery is presently worth $60 million. It is a vibrant and diverse waterfront which will not, by the Mayor’s own admission, succumb to Rafael’s misdeeds. And New Bedford will benefit from the Council’s mechanism, via quota re-allocation to other boats already based in that port. Everybody gains.

Neither the governing Council, nor the National Marine Fisheries Service which implements the Council’s policy directives, has ever contemplated restricting quota even to the New England states, never mind individual cities. Changes of that magnitude take years to develop and mountains of public input – which the Council already conducted, as part of its fishery management plan. The redistribution mechanism is already in place, it has passed legal muster, and – particularly in this case – it is just.

Board of Directors

The Sustainable Harvest Sector

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

SEAN HORGAN: Fate of Raphael’s permits being debated

May 8, 2017 — As we have mentioned several times in the past, they don’t seem to brook a whole lot of foolishness up in Maine, particularly when it comes to cheating in the commercial fishing business.

So, it wasn’t really surprising when the Gloucester Daily Times received — ran — a letter last week from Maggie Raymond, the highly respected executive director of the Associated Fisheries of Maine, with her take on what should happen to convicted scammer Carlos Rafael’s surrendered groundfishing permits.

“For law-abiding fishermen, this day is long overdue,” Raymond wrote. “While other fishermen were complying with steep reductions in fishing quotas, Rafael decided those rules didn’t apply to him. Rafael’s violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market.”

But Raymond wasn’t done there. She followed by offering a solution for the distribution of Rafael’s still-to-be-decided permit forfeitures. It’s one sure to make New Bedford Mayor Jon F. Mitchell choke on his Wheaties.

“Rafael’s history is so egregious that the National Marine Fisheries Service is obliged to cancel all his groundfish permits and fishing privileges,” she wrote. “Existing regulations describe a process for redistributing the fishing privileges from cancelled permits to all other permit holders in the fishery — and this is precisely the process that should be followed in this case.”

Read the full opinion piece at the Gloucester Times

MAGGIE RAYMOND: ‘Codfather’ should lose all his permits

May 3, 2017 — Carlos Rafael’s environmental crime spree, spanning two decades, will finally come to an end. He pleaded guilty to federal charges of falsifying fish catch reports, conspiracy and tax evasion. He will serve at least four years in jail and will forfeit millions of dollars in fishing assets. For law abiding fishermen, this day is long overdue.

While other fishermen were complying with steep reductions in fishing quotas, Carlos Rafael decided those rules didn’t apply to him. His violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market. He has harmed the entire groundfish industry, and fishermen from Maine to New York deserve to be compensated.

Read the full letter at the New Bedford Standard-Times

MASSACHUSETTS: What’s next for Carlos Rafael’s fishing permits?

May 3, 2017 — Almost a week ago, City Council members asked for their names to be attached to a late file agenda pertaining to Carlos Rafael’s groundfish permits.

Behind Ward 4 Councilor Dana Rebeiro, Council President Joseph Lopes and Ward 5 Councilor Kerry Winterson, the council requested “that the Committee on Internal Affairs meet with Attorney General Maura Healey and NOAA to discuss how current owners and mariners operating in New Bedford have the first right of refusal to acquire licenses to be auctioned as result of the plea agreement in the case of The United States vs. Carlos Rafael…”

The written motion was a bit premature.

Following Thursday’s council meeting, Rebeiro acknowledged the measure was “to get ahead of the ball” in terms of where the permits may land.

So what’s next?

Rafael’s plea agreement with the United States lists 13 vessels and the accompanying permits that could be potentially forfeited. However, none of his assets will be surrendered without an order of forfeiture, which describes exactly what will be taken.

According to the U.S Attorney’s office, the order of forfeiture will be issued “at and after sentencing,” which is scheduled for June 27.

Read the full story at the New Bedford Standard-Times

Associated Fisheries of Maine Says Rafael’s Permits Must Go Back into Quota Pool

May 2, 2017 — SEAFOOD NEWS — In a statement today, Maggie Raymond, Executive Director of the Associated Fisheries of Maine, said that NMFS only legal option with Carlos Rafael’s permits is to cancel the permits and return them to the quota share pool.

Raymond says “Carlos Rafael’s environmental crime spree, spanning two decades, will finally come to an end. Rafael pled guilty to federal charges of falsifying fish catch reports, conspiracy and tax evasion. He will serve at least four years in jail and will forfeit millions of dollars in fishing assets. For law-abiding fishermen, this day is long overdue.”

“While other fishermen were complying with steep reductions in fishing quotas, Rafael decided those rules didn’t apply to him. Rafael’s violations set back groundfish rebuilding requirement and forced others to compete with his illegal activity on the fishing grounds and in the market. Rafael has harmed the entire groundfish industry, and fishermen from Maine to New York deserve to be compensated.”

“Rafael’s history is so egregious that the National Marine Fisheries Service is obliged to cancel all his groundfish permits and fishing privileges. Existing regulations describe a process for re-distributing the fishing privileges from cancelled permits to all other permit holders in the fishery – and this is precisely the process that should be followed in this case.”

The current New England groundfish management plan that established industry sectors and allocated quota based on fishing histories from 1996 to 2006 provides that if a permit is canceled, NMFS must recalculate the quota shares of all remaining fishing permits within that category, as the allocations were made based on a certain level of eligible fishing history.

The Associated Fisheries of Maine is saying that this system should be followed in Rafael’s case, meaning the catch share confiscated from Rafael due to illegal activity would be then redistributed among all remaining valid permit holders.

This is the option that concerns New Bedford because it would mean a re-distribution of some groundfish quota rights to other ports. However, Raymond argues that all New England fishermen who did abide bycatch limit rules were adversely affected by Rafael’s illegal fishing and that they deserve to be compensated.

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

MASSACHUSETTS: New Bedford among crowd staking claim to Carlos Rafael’s permits

May 1, 2017 — Before Carlos Rafael uttered the word “guilty” last month, the judge made the New Bedford fishing mogul aware of the possibility of forfeiting his assets, which means permits, too.

About two months remain before Rafael’s sentencing date, but cities and states have started to acknowledge that possibility as well.

Rebeiro, along with Council President Joseph Lopes and Ward 5 Councilor Kerry Winterson introduced a written motion Thursday night “requesting that the Committee on Internal Affairs meet with Attorney General Maura Healey and NOAA to discuss how current owners and mariners operating in New Bedford have the first right of refusal to acquire licenses to be auctioned as result of the plea agreement in the case of The United States vs. Carlos Rafael …”

The case cited has yet to be completed despite Rafael’s plea agreement. Sentencing is scheduled for June 27.

On March 30 in U.S. District Court in Boston, Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion.

If Rafael had been convicted of false labeling, he could have been subjected to the forfeiture of all vessels and other equipment used in the offenses, the indictment said, which listed 13 boats.

However, during the Rafael’s plea agreement hearing, his lawyer William Kettlewell said, “We have reserved the right … to challenge the proportionality of the assets” that could potentially be seized.

Kettlewell didn’t return multiple requests for comment on Rafael’s permits.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Did catch shares enable the Codfather’s fishing fraud?

May 1, 2017 — Carlos Rafael’s guilty plea late last month of falsifying fish quotas, conspiracy and tax evasion has prompted renewed criticism of one of the most contentious parts of the New England groundfish fishery’s management system: catch shares.

Rafael, who dubbed himself “The Codfather,” owned one of the largest commercial fishing fleets in the United States, and for some community fishermen in New England, his case represents consolidation run amok. Consolidating fishing permits, they say, also centralizes power, making fraud more likely.

But for environmentalists who support catch shares as a way to reduce overfishing, consolidation isn’t inevitable. They say Rafael’s case highlights the need for better monitoring and fraud protections to prevent the sort of cheating that can plague any fishery management system.

Catch share schemes, in which fishermen are allocated rights to catch a certain amount of fish, operate on the principle that privatizing a resource and giving people a greater stake in its health will lead them to conserve it.

But in New England, catch shares led to fewer fishermen controlling more of the resource, according to Niaz Dorry, the coordinating director of the Northwest Atlantic Marine Alliance, a community fishing group. Catch shares boot out smaller fishermen and block new fishermen from the fishery as a wealthy minority amass quota and drive up the price.

“What they really do is create a system that allows a few entities — who are not necessarily people who actually fish — to control almost the entire system,” Dorry told SeafoodSource.

Read the full story at Seafood Source

MASSACHUSETTS: Loss of Rafael’s permits could hurt New Bedford

April 24, 2017 — By late morning just before Easter weekend, three fishing vessels lined up at the docks to unload their catch, and they all belonged to one man — the local mogul known as the “Codfather,” Carlos Rafael.

“It’s a good haul,” a passing auction worker at the Whaling City Seafood Display Auction said under her breath, as crew members, some still in their orange waterproof bibs, unloaded the ice-packed fish.

For decades, Rafael’s fleet of some 40 vessels has been a staple of this city’s fishing industry, a sight as common as the seal that patrols the docks.

But now, Rafael’s recent conviction on federal charges that he cheated fishing regulations to boost his profits is putting his many vessels and permits up for grabs — potentially distributing them to ports along the New England coast. That would deliver an economic blow to New Bedford and the people who depend on the business created by Rafael’s fleet.

Rafael, 65, whose nickname given by locals derives from his brash business style, is expected to be sentenced in June to about four years in prison. Local officials are urging the federal government to keep the permits in New Bedford, home to the country’s most valuable fishing port and one of the last true ports on the East Coast.

Read the full story at the Boston Globe

MASSACHUSETTS: How Did ‘The Codfather’ Rise? Some Say Fishing Rules Pull Up Big Fishermen

April 12, 2017 — While Carlos Rafael waits to hear his fate, some wonder whether there could be another “Codfather.”

Critics say fishing industry regulations pave the way for bigger and more corrupt fishing enterprises.

But, some, like Janice Plante of the New England Fisheries Managment Council, disagree with those who blame the regulatory system, insisting the rules don’t “make somebody a criminal.”

Joining Morning Edition is Niaz Dorry, of the Gloucester-based Northwest Atlantic Marine Alliance. She explains why she believes Rafael’s success is connected to fishing industry rules.

Read the full story and listen to the radio piece at WBUR