Saving Seafood

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

MASSACHUSETTS: Senate hopeful Lindstrom visits the New Bedford fishing industry

August 30, 2018 — The New Bedford fishing industry rolled out the red carpet Wednesday for Beth Lindstrom, one of three Republicans locked in a primary battle to see who will go up against incumbent Democratic Senator Elizabeth Warren.

Lindstrom’s first visit to the fishing industry was arranged by Saving Seafood, a Washington, D.C.-based industry advocacy group founded by New Bedford native Bob Vanasse.

The half-day-long visit began at the BASE seafood auction on Hassey Street, owned and operated by Richard Canastra. There, buyers and the general public can watch as fish are auctioned off electronically, a far cry from the old system of chalk on a blackboard.

Lindstrom, former executive director of the Massachusetts State Lottery, mainly asked questions and listened to fishing industry representatives who told her of the difficulties they have with federal regulations.

An added concern, they said, is the pending construction of huge offshore wind energy farms that they say will keep fishing boats at bay to avoid the risk of entanglement.

The case of Carlos Rafael, known as The Codfather, was also brought up because of the hardship that the government imposed on fishing boats in sectors 7 and 9 and on-shore services who weren’t involved in Rafael’s misdeeds. Rafael is serving a 46-month federal sentence on charges including conspiracy, false labeling of fish, bulk cash smuggling, tax evasion and falsifying federal records.

Read the full story at the New Bedford Standard-Times

Ex-New Bedford fishing captain pleads to hindering Coast Guard inspection

August 24, 2018 — A former New Bedford fishing boat captain pleaded guilty Thursday to interfering with a U.S Coast Guard inspection and faces sentencing Nov. 28, federal prosecutors said.

Thomas D. Simpson, 57, of South Portland, Maine, pleaded guilty in U.S. District Court to one count of destruction or removal of property subject to seizure and inspection, according to a news release from the U.S. Attorney’s Office.

Simpson was the captain of the Bulldog, a New Bedford-based commercial fishing vessel and one of several fishing vessels owned by Carlos Rafael, the news release said. On Sept. 25, 2017, Rafael was sentenced in U.S. District Court, Boston, to 46 months in federal prison on charges related to the operation of his commercial fishing business.

On May 31, 2014, the Bulldog was engaged in commercial fishing off the coast of Massachusetts when the USCG boarded the vessel to perform a routine inspection, the news release said. At the time of the boarding, the Bulldog’s net was deployed in the water and the crew was actively fishing.

The USCG boarding officer encountered Simpson in the wheelhouse and instructed him to haul in the fishing net for inspection, the news release said. Instead of hauling the fishing net onto the vessel, he let out more of the cable attaching the net to the vessel.

Read the full story at the New Bedford Standard-Times

NOAA to Fully Fund At-Sea Monitoring Program in New England for 2018, Reimburse More Costs for 2017

August 16, 2018 — SEAFOOD NEWS — NOAA announced on Tuesday that they will fund 100% of New England At-Sea Monitoring costs for 2018, as part of an additional $10.3 million added to the budget by New England congressmen, including NH Senator Jeanne Shaheen.

In addition, they will provide an additional 25% subsidy for 2017 costs, based on the money they saved from Carlos Rafael’s fleets not fishing. Since there was less need for monitoring, the overall program cost was lower.

The cost to vessels for an at-sea monitor is about $710 per day. This can have a significant impact on the profitability of smaller trips.

In 2016, NOAA supported 80% of this cost. In 2017 that dropped to 60%, with NOAA making the argument that the costs eventually had to be fully paid by fishermen. However, with the additional funds from 2017, the subsidies for that year will now be 85%.

For 2018 NOAA will cover 100% of the costs.

Part of the additional money will be used to further develop electronic monitoring and less costly systems.

“This is very welcome money and good news all the way around,” Jackie Odell, executive director of the Northeast Seafood Coalition told the Gloucester Times. “It’s a lot for groundfishermen to pay for, especially as quotas decline and they lose access to key stocks.”

Senator Jeanne Shaheen said “Our state’s commercial fishing industry is operating on razor-thin margins and urgently needs relief from these burdensome fees, which is why I’m thrilled that funding is now available to cover the costs of at-sea monitoring.”

“Relieving our fishermen of these fees has been a top priority for me since NOAA unfairly shifted the responsibility for at-sea monitoring costs on to the backs of our fishermen. The commercial fishing industry plays a role in New Hampshire’s economy, history and culture, so ensuring its longevity will always be important to me. Negotiating this federal funding was one of my top priorities in the government spending bill.”

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

DON CUDDY: Sector reopening’s benefit to New Bedford remains to be seen

August 6, 2018 — The news emerged on July 19 that NOAA approved a plan that may now permit some New Bedford fishermen to go back to work.

It has been eight months in the making since the National Marine Fisheries Service shut down Sector IX last November after Carlos Rafael was convicted for falsifying landings and jailed. His fishing operation was so large that the closure impacted a lot of people in the business, both afloat and ashore.

In March, fishermen with quota in Sector IX moved to join Sector VII, which also operates out of New Bedford, but that quota remained frozen while the people at NMFS worked to determine how to correct for the “overage” — how much and of what species — that resulted from the fish caught and mislabeled by Rafael’s boats.

So while this decision is a small step forward for the groundfish industry here, it is not yet time to set the church bells ringing since the majority of the inactive quota is owned by inactive fishermen. When the catch share system was introduced in 2010 it gave all permit holders a slice of the pie — the “pie” being a share of the TAC, or total allowable catch, for the annual fishing year, which for groundfish begins on May 1. Individual allocations were based on a permit holder’s catch history over a ten-year period from 1998 to 2008, I believe it was.

This effectively means that all of the cod, haddock and flounder swimming around on Georges Bank, more than one hundred miles offshore, have someone’s name on their back, similar to a herd of cattle. And like cattle, these fish can be leased, sold or traded. So this allowed some fishermen to retire, stay home every year, and lease their quota. Also, you are not required to have a boat to keep a permit.

Read the full story at the New Bedford Standard-Times

NMFS ends New Bedford groundfishing ban

July 23, 2018 — Nearly eight months after NMFS announced the decision to shut down Northeast Fishing Sector IX following the criminal trial of quota-skirting kingpin Carlos “the Codfather” Rafael, the agency lifted the ban that has kept at least 80 fishermen off the water and out of work.

NMFS announced the end of the ban on Thursday, approving lease-only operation plans for Sector IX and allocated quota for Sector VII.

When little headway was being made in lifting the ban this spring, 55 vessels in Sector IX, including four owned by Rafael, moved to be included in Sector VII for the 2018-19 fishing season in order to lease their quota and recoup losses from missed fishing time.

The process was slow moving, with quota remaining frozen while NMFS officials and the New England Fishery Management Council worked to review and approve a new operating plan.

NMFS’ final rule on the situation — published and opened for comment on Friday, July 20 — “determines the quota overages that Northeast Fishery Sector IX is responsible for paying back, allocates annual catch entitlements to Northeast Fishery Sectors VII and IX for the 2018 fishing year, approves a new lease-only operations plan for Northeast Fishery Sector IX, and approves a substantive amendment to Northeast Fishery Sector VII operations plan,” according to the Federal Register.

Read the full story at National Fisherman

NOAA lifts New Bedford groundfish ban

July 23, 2018 — New Bedford’s groundfishing fleet began to emerge from the criminal shadow of Carlos Rafael on Thursday when NOAA Fisheries announced the approval of new operational plans for two fishing sectors that have been shut down for the past eight months.

They’re not fishing yet. But there is light on the horizon.

NOAA Fisheries, in an interim final rule published Thursday morning in the Federal Register, approved plans to transform Northeast Fishing Sector IX to a lease-only operation for 2018. Meanwhile, all of Northeast Fishing Sector VII’s 56 vessels remain inactive and those vessels and permits owned by Rafael will remain unable to fish until they are sold to independent third parties, NOAA Fisheries said.

“To become active, the sector board would have to allow a vessel to harvest sector annual catch entitlement consistent with normal sector operations, and notify (NOAA Fisheries) of the vessel change in status” the rule stated. “In contrast to the vessels owned by Mr. Rafael, these vessels do not need to be sold in order to be active in the groundfish industry.”

In both cases, NOAA Fisheries said, the agency approved plans developed by the individual fishing sectors in consultation with federal fisheries regulators.

Read the full story at the Gloucester Daily Times