Saving Seafood

Judge returns two vessels to Carlos Rafael’s wife

November 29, 2018 — The wife and another business partner of Carlos Rafael will retain ownership of two of the four fishing vessels seized by the federal government as part of the penalties for the array of crimes committed by the man known as “The Codfather.”

U.S. District Court Judge William G. Young, in his final order of forfeiture, said the F/V Lady Patricia and the F/V Olivia & Rafaela — and all federal fishing permits associated with each vessel — will be forfeited to the federal government as part of the final seizure agreement.

Young also ordered the forfeiture of $306,490 to the federal government in addition to the $17,500 judgment already paid by Rafael as part of his plea agreement.

Two of the other forfeited vessels — the Bulldog and Southern Crusader II — will be released to corporations that include Rafael’s wife, Conceicao Rafael, as an owner.

The 75-foot Bulldog will be released to B & D Fishing Corp. and Conceicao Rafael. The 81-foot Southern Crusader II is set to be released to R and C Fishing Corp. The corporation, according to the order, includes Conceicao Rafael and Joao Camarao as owners.

The convicted and currently incarcerated Carlos Rafael, according to the order, ceases to hold any “right, title or interest” in either the forfeited or released vessels. The order, however, retains Carlos Rafael’s ability to defend himself against any future claims from NOAA Fisheries.

Read the full story at the Gloucester Daily Times

Feds will keep only two of Carlos Rafael’s seized vessels

November 23, 2018 — NEW BEDFORD, Mass. — More than a year after a judge ordered Carlos Rafael to forfeit four fishing vessels, the government will retain only two, according to court documents obtained by The Standard-Times.

Rafael, who is serving a 48-month prison sentence for falsifying fishing quota, tax evasion and bulk cash smuggling, and the government filed a settlement agreement last Friday. Judge William Young filed a final forfeiture order Monday.

According to the order, the Lady Patricia and all its permits as well as the Olivia & Rafaela and its permits must be forfeited to the United States. A total of $306,490 must also be paid to the United States.

As for the other two vessels seized by the government, the Bulldog will be released to B & D Fishing Corp. and Rafael’s wife, Conceicao, and the Southern Crusader II will be released to R and C fishing Corp., Joao Camarao and Conceicao Rafael. Each shared partial ownership with Carlos Rafael.

Read the full story at the New Bedford Standard-Times

 

Former captain in Bristol sheriff’s department gets one year probation in Codfather smuggling case

November 6, 2018 — He got caught in the net, but he avoided prison.

A former captain with the Bristol County Sheriff’s Office was sentenced Monday to a year of probation for helping the infamous New Bedford fishing magnate dubbed the Codfather smuggle profits from his overfishing scheme to Portugal, prosecutors said.

The convict and former captain, Jamie Melo, 46, of North Dartmouth, learned his fate during a sentencing hearing in US District Court in Boston, according to US Attoney Andrew E. Lelling’s office.

A jury in that courthouse convicted Melo in June of conspiracy to commit offenses against the United States and structuring the export of monetary instruments, Lelling’s office said in a statement.

Melo was acquitted of bulk cash smuggling, the release said. He’ll be confined to his home during the first eight months of his yearlong probation, according to Lelling’s office.

“During the trial, evidence showed that while at Logan International Airport Melo asked his friends and travel companions to carry envelopes of cash for [Codfather Carlos] Rafael on a flight to the Azores in Portugal,” the release said. “At the time, Melo was an Administrative Captain with the Bristol County Sheriff’s Office and was traveling to the Azores with Rafael for a charity event sponsored by the Bristol County Sheriff’s Office. Prior to the flight, Melo asked three of his travel companions to follow him into the men’s bathroom at Logan Airport before going through the TSA Security Checkpoint.”

Read the full story at The Boston Globe

Fish council to review catch share regulations

November 1, 2018 — In May 2010, the world of the Northeast groundfishermen experienced a seismic transformation, as federal fishery managers ditched days-at-sea as its primary management tool and implemented a sector system centered on an expanded catch share program.

Now, nearly nine years later, the New England Fishery Management Council said it will conduct its first comprehensive evaluation of the groundfish catch share program to determine whether it is meeting its goals and objectives to improve the management of the fishery.

The review, according to council Executive Director Tom Nies, is not connected to any specific event or issue within the fishery, such as the widescale cheating, sector manipulation and ultimate conviction of New Bedford fishing kingpin Carlos A. Rafael.

“It’s not a response to Carlos, but it may help us identify areas related to his activities that we can address,” Nies said Wednesday.

The Magnuson-Stevens Fishery Conservation and Management Act and the National Oceanic and Atmospheric Administration’s own catch share policy actually mandate that the councils periodically produce “a formal and detailed review … no less frequently than once every seven years” on catch share programs.

“This is the first review, really, since catch shares originally were implemented in 2004, and more importantly, expanded in 2010,” Nies said. “It’s been on our radar for a couple of years. The next step is to assemble a staff and get the report written.”

Read the full story at the Gloucester Daily Times

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