Saving Seafood

New England fishing council frozen until NOAA, judge done with Rafael

September 27, 2017 — GLOUCESTER, Mass. — There is no shortage of changes the National Oceanic and Atmospheric Administration could make to the way catch limits are regulated and enforced in the Gulf of Maine in the wake of the Carlos Rafael’s sentencing on Monday. But first it will take recommendations from the New England Fishery Management Council (NEFMC), and the 17-member panel this week put off staking out a position.

There is not yet a consensus in the group, which will wait to see how US District Court Judge William Young handles an argument over how much of Rafael’s fishing fleet will be seized by the federal government and what, if any, civil money penalties come from the National Oceanic and Atmospheric Administration before addressing the issue, said  John Quinn, NEFMC’s chairman.

“We’ve got a regulation in place and we’ve first got to see what and how that regulation is applied,” Quinn told Undercurrent News on Tuesday, during a break in the first day of the group’s three-day regular meeting at a hotel on the water here.

Young gave Rafael a 46-month prison sentence and ordered him to pay more than $300,000 in fines and penalties in a Boston federal court for misreporting nearly 783,000 pounds of fish between 2012 and early 2016, but he said he needed more time to consider the arguments made by prosecutors and Rafael’s defense team regarding an effort to seize his assets.

Read the full story at Undercurrent News

Atlantic Herring: Council Discusses Amendment 8 ABC Control Rules; Passes on Picking “Preferred Alternative”

September 27, 2017 — The New England Fishery Management Council yesterday discussed the list of potential acceptable biological catch (ABC) control rules outlined in Draft Amendment 8 to the Atlantic Herring Fishery Management Plan. The document contains nine new control rule alternatives plus the standard “no action.” After considerable debate and a review of the varying impacts of each option, the Council declined to pick a “preferred alternative.” Instead, the Council intends to wait to hear the full range of public comments during future public hearings before indicating any preferences. ABC control rules define how catch or fishing mortality changes with stock size. They are used in setting annual catch limits.

Amendment 8 is divided into two major components:

  • Alternatives to establish a long-term ABC control rule that “may explicitly account for herring’s role in the ecosystem and address the biological and ecological requirements of the stock”; and
  • Alternatives to address potential localized depletion and user conflicts in the fishery.

The Council focused on the ABC control rule aspect of the amendment during this ongoing meeting in Gloucester, MA. The localized depletion/user conflict alternatives will be discussed in detail during the Council’s December 5-7 meeting in Newport, RI. The Council is expected to approve the package of Draft Amendment 8 proposals during the December meeting if all of the necessary analyses are completed. While it’s still too early to tell, the Council tentatively is planning to schedule hearings in the spring of 2018.

Read the full release at the New England Fishery Management Council 

NEFMC to Review Carlos Rafael Sentence, Tuesday, September 26

September 26, 2017 — The following was released by the New England Fishery Management Council:

As many of you are aware, Carlos Rafael was sentenced today, September 25, 2017, in U.S. District Court in Boston.  The case reference is “United States of America v. Carlos Rafael No. 16-CR-10124-WGY.”  A press release describing the sentence was issued by the U.S. Attorney’s Office for the District of Massachusetts.  It is available at Rafael Sentencing.

The New England Fishery Management Council will review the sentence tomorrow morning, Tuesday, September 26, shortly after opening up its three-day meeting in Gloucester, MA at the Beauport Hotel.  Reappointed Council members will be sworn in, and the annual election of officers will be conducted before the Rafael case is discussed.

WEBINAR INFORMATION:  A webinar is available for this meeting.  Registration details can be found at webinar.  The agenda and meeting materials are at NEFMC.

THE SENTENCE:  The U.S. Attorney’s Office stated, “Carlos Rafael, 65, of Dartmouth, was sentenced by U.S. District Court Judge William G. Young to 46 months in prison and three years of supervised release, during which time he is banned from working in the fishing industry.  The Court also ordered Rafael to pay a fine of $200,000 and restitution to the U.S. Treasury of $108,929.  Rafael may also be subject to forfeiture of a portion of his fishing fleet, but the Court held that issue for further consideration.”

EXECUTIVE DIRECTOR’S COMMENT:  Immediately following the sentencing, New England Fishery Management Council Executive Director Tom Nies said, “Carlos Rafael is a criminal who stole from his fellow fishermen and the public by intentionally misreporting his catch.  His conduct was reprehensible and the criminal penalties he received are well-deserved.  We once again thank our government enforcement agencies for bringing him to justice.”

WHAT RAFAEL DID:  “From 2012 to January 2016, Rafael routinely lied to the National Oceanic and Atmospheric Administration (NOAA) about the quantity and species of fish his boats caught in order to evade federal quotas designed to guarantee the sustainability of certain fish species,” stated the U.S. Attorney’s Office.  “During that period, Rafael misreported to NOAA approximately 782,812 pounds of fish, telling NOAA that the fish was haddock, or some other abundant species subject to high quotas, when in fact the fish was cod, sole, or other species subject to strict quotas.  After submitting false records to federal regulators, Rafael sold much of the fish to a wholesale business in New York City in exchange for duffle bags of cash.  During meetings with the undercover agents, Rafael said that in his most recent dealings with the New York buyer he received $668,000 in cash.  Rafael smuggled at least some of that cash out of the United States to his native Portugal, hiding it there to evade federal taxation on that revenue.”

GUILTY PLEA:  The U.S Attorney’s Office stated, “In March 2017, Rafael pleaded guilty to one count of conspiring to commit offenses against the United States, 23 counts of false labeling and fish identification, two counts of falsifying federal records, one count of bulk cash smuggling, and one count of tax evasion.  He was initially arrested and charged in February 2016.  Rafael, the owner of Carlos Seafood Inc., based in New Bedford, Mass., owned 32 fishing vessels through independent corporate shells and 44 permits, which amounted to one of the largest commercial fishing businesses in the United States.”

Groundfish and whiting on fish managers’ agenda

September 21, 2017 — The New England Fishery Management Council, which has not convened a full council meeting in Gloucester since November 2006, will address a proposed amendment to limit access to the whiting fishery when it convenes here next week.

The council, set to meet Sept. 26 to 28 at the Beauport Hotel Gloucester, also is expected to spend significant time on groundfish issues, including the groundfish monitoring amendment.

The whiting amendment, according to the council’s agenda, will be one of the first issues facing the council when the three days of meetings open Tuesday at the harborside hotel in The Fort neighborhood.

The council’s whiting committee will present its report centered around Amendment 22, which deals with limiting access, permitting and possession limits within the whiting fishery actively fished by many Gloucester boats.

Whiting, popular in areas of New York City and Philadelphia, also is at the center of local efforts to promote under-utilized species of fish from local waters to retailers, restaurants and the consuming public.

Read the full story at the Gloucester Times

NEFMC September 26-28, 2017 meeting, Gloucester, live streaming information

September 19, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council will hold a three-day meeting from Tuesday, September 26 through Thursday, September 28, 2017.  The public is invited to listen-in via webinar or telephone.  Here are the details.

MEETING LOCATION:  Beauport Hotel, 55 Commercial Street, Gloucester, MA 01930

START TIME:  The webinar will be activated at 8:00 a.m. each day.  The meeting is scheduled to begin at 9:00 a.m. on Tuesday, 8:30 a.m. on Wednesday, and 8:30 a.m. on Thursday.  The webinar will end at approximately 6:00 p.m. EST or shortly after the Council adjourns each day.

WEBINAR REGISTRATION:  Online access to the meeting is available at:

https://register.gotowebinar.com/register/8707697070391527425.

There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (415) 930-5321.

The access code is 346-899-117.

Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The agenda and all meeting materials are available on the Council’s website at:

http://www.nefmc.org/calendar/september-2017-council-meeting.

THREE MEETING OUTLOOK:  A copy of the New England Council’s Three Meeting Outlook is available here.

QUESTIONS:  If you have questions prior to or during the meeting, call or email Janice Plante at (607) 592-4817, jplante@nefmc.org

 

MASSACHUSETTS: At Fishermen’s Memorial Service, daughter speaks language of loss

August 24, 2017 — Candace Unis, who will speak at Saturday’s annual Fishermen’s Memorial Service of the grief of losing a loved one to the sea, knows of which she speaks.

In September 1978, her father left on a Sunday for two days of fishing on his nephew’s 52-foot trawler and was never seen again.

There were no mayday calls, no signs of distress.

The boat, the Alligator, went down — possibly hit by a freighter — with three men onboard: Unis’s 55-year-old father, James Sinagra, his 46-year-old nephew, Carlo “Bronco” Sinagra; and a 26-year-old crewman, Glenn Guitarr. It was the second boat lost out of Gloucester that month, with a total of nine lives lost, and to Unis, who was 25 at the time, it was a wound that would never really heal.

“I wish they would strike the word closure from the dictionary,” Unis said this week. Now a grief counselor with an active consultancy here in her native Gloucester, Unis says she believes there is no such thing as closure to the loss of a loved one, and there shouldn’t be. “They will always be there in who we are, and to seek closure from that is, I think, to diminish who they were.”

Read the full story at the Gloucester Times

MASSACHUSETTS: Sanfilippo to be honored at Sea to Supper Celebration

August 17, 2017 — To Angela Sanfilippo, the glass is never half empty. Or half full. To Sanfillippo, the glass is always full. As president of the Gloucester Fishermen’s Wives Association for the past 40 years, her unbounded optimism and energy has lit the way through the most troubled waters ever seen by the fishing industry of Gloucester and all of New England.

In 2012, during some of the darkest of those very dark days, she told a local audience, “We have 250 boats in our harbor and 198 of them are commercial fishing boats … and just last year when everyone thought the fishing industry was dead, what they brought into this port, into dock, was $60 million … people want us to think that the fishing industry is dead … the fishing industry is not dead.”

The feisty Sanfilippo — who noted in the same speech that Gloucester is the city of “Captains Courageous” — is widely considered to be the region’s most effective long-term advocate for commercial fishermen, and for this she will be honored at a dinner on Thursday, Aug. 24, at the Mile Marker One Restaurant & Bar.

The gala benefit, billed as the Sea to Supper Celebration, is one of three gala fundraisers commemorating the 20th anniversary of Fishing Partnership Support Services, a nonprofit Sanfilippo helped found in the late 1990s and on whose board she still serves.

Read the full story at the Gloucester Times

MASSACHUSETTS: Marbleheader cleared in alleged fish smuggling plot

August 15, 2017 –A Marblehead businessman is asking the federal government to pay his attorney’s fees after being cleared of what he described as “being framed” by the U.S. Department of Justice.

Robert Kliss and his company North Atlantic Traders Ltd. was indicted in April, after a nearly five-year investigation. He was charged with smuggling, falsifying records and conspiracy.

In July, it took a jury only about an hour to clear him of all charges.

“This is a case the government never should have brought,” said Kliss’s Attorney Barry Pollack.

“I would have to say it was probably the most stressful thing I’ve very gone through,” Kliss said. “More so than an IRS audit and I’ve been through three.”

The Motion

In his motion for an award of attorney’s fees, which was filed in U.S. District Court Aug. 9, Pollack lays out all the ways the government’s case went wrong, including pressuring witnesses to, in some cases, exaggerate testimony and in one case invoke the Fifth Amendment.

Three cooperating witnesses pled guilty to a misdemeanor, “as the result of a hybrid charge and fact bargaining,” Pollack stated in his motion. “The government paid substantial consideration, in that respect, to each witness while pressuring him to provide testimony against Kliss.”

One of the most damning pieces of evidence against the government’s case however was when Agent Shawn Eusebio testified that during the more than four-year active investigation, no one on the government’s team realized Kliss wasn’t even in the country during the time he was alleged to have created and filed false documents in Massachusetts. Kliss had been in British Columbia with his son.

“My evidence was my stamped passport along with my son’s,” Kliss said. “That’s how bad the investigators and (prosecuting) attorneys are.”

Read the full story at the Marblehead Reporter

Read a statement from Stephen Ouellette, an attorney for North Atlantic Traders, here

 

 

North Atlantic Traders Acquitted on Smuggling and Conspiracy Charges in Less than One Hour of Jury Deliberation

August 15, 2017 — BOSTON — The following was released by Stephen Ouellette, attorney for North Atlantic Traders:

A 12-person federal jury acquitted federal tuna dealer North Atlantic Traders and its principal, Robert Kliss, on Lacey Act, smuggling and conspiracy charges in a case before District Judge William Young, investigated by the Department of Justice working with the National Oceanic and Atmospheric Administration.   The jury reached its verdict of not guilty on all five counts against both defendants in less than a full hour of deliberation.

Barry Pollack of Boston, attorney for Kliss, added, “the federal agents engaged in misconduct by pressuring witnesses to make exaggerated statements, which the jury saw through.”

Stephen Ouellette of Gloucester, Massachusetts, attorney for North Atlantic Traders, said “the verdict of not guilty reflected more than two decades of regulatory compliance by my client and its dedication to a sustainable fishery.  That NOAA’s overzealous prosecution in this and other cases following closely on the heels of the highly critical assessment of NOAA law enforcement by the Department of Commerce Office of the Inspector General can only be seen as an attempt to justify NOAA’s enforcement budget at the expense of the fishing industry and fundamental principles of justice.”

For further information, contact Stephen Ouellette at 978-281-7788 or 978-317-2542.

Charter boat owners see jump in cancellations as cod ban takes effect

August 14, 2017 — A new rule that recreational anglers in the Gulf of Maine can’t keep cod they catch is putting the squeeze on the charter boat industry, business owners say.

Capt. Don Taylor runs a six-person charter boat out of Rye Harbor. He said he can see the scientific reasoning behind imposing the restriction, but says it is causing people to cancel their reservations — even though they can still keep haddock, cusk and hake.

“I don’t think not allowing us to have one cod per person on a boat is going to make any difference at all. That’s my opinion on it,” Taylor said. “I think they’re going a little overboard, myself, and it’s hurting the charter boat industry.”

Allison Ferreira, who is in charge of communications for the Greater Atlantic Regional Fisheries Office in Gloucester, Mass., said the reason for the restriction is that recreational fishermen exceeded their cod catch limit by 92 percent last year.

Federal officials from the National Oceanic and Atmospheric Administration use estimates from the Marine Recreational Information Program to determine if a population is being overfished. In addition to getting reports from charter boat captains, they survey individuals who go out on their own boats.

Read the full story at the New Hampshire Union Leader