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New Bedford Standard-Times: Time for NOAA and Sector IX to strike deal

February 20, 2018 — Eighty New Bedford groundfishermen.

They’ve had no work now for almost three months.

In the end, those are the guys and it is their families who are paying the biggest price for Carlos Rafael’s longtime conspiracy to falsify fishing records and smuggle the cash overseas.

But since Rafael was the big guy on the New Bedford waterfront, the guy who owns the majority of the boats in Sector IX, the fishermen have been out of work since Nov. 20 when regional NOAA administrator John Bullard ordered the sector to stop fishing.

Bullard said that Sector IX has not accounted for the overages their group racked up while Rafael was mislabeling more than 700,000 pounds of fish. He has also argued that the reorganized sector has not enacted better enforcement provisions to prevent a repeat of the criminal activity.

For their part, Sector IX’s lawyer, Andrew Saunders, points out that Rafael was able to engage in his wrongdoing because he controlled both the fishing boats and was also the fish dealer (Carlos Seafood). That is no longer the case because all fish caught by Rafael’s boats must now be processed at the Whaling City Seafood Display Auction.

Saunders further pointed out to NOAA that the agency is aware that it is virtually impossible for Sector IX to determine the overages while the IRS is in possession of Rafael’s records until the start of the next fishing season in May. Still, in a Dec. 20 letter, Saunders, wrote NOAA that the sector is working to compile accounting for the misallocations of fish.

Complicating the whole scenario is who is going to control Rafael’s groundfish and scallop boats going forward as the federal judge has ordered him out of the commercial fishing business. Richard and Ray Canastra, owners of the display auction, have offered Rafael $93 million for 42 fishing permits and 28 boats, a deal that would keep the fishing effort in New Bedford, and the 80 fishermen employed. Not to mention all the New Bedford fishing supply and seafood processing operations that are dependent on Rafael’s fleet.

Read the full story at the New Bedford Standard-Times

 

In New Jersey, opponents of offshore drilling gear up for a fight

February 15, 2018 — Jim Lovgren is a third-generation fisherman and captains the Shadowfax. At the Fisherman’s Coop in Point Pleasant New Jersey recently, he watched as about a half-dozen men sorted freshly caught scup — or porgies — into bins.

“These fish they’ll be put in a cooler by tonight,” he said. “There could be 30,000 to 40,000 pounds of fish on the docks today. They will all be on their way to New York, Philadelphia, and Baltimore. We ship anywhere from Canada down past North Carolina.”

Lovgren grew up trawling the waters off Sandy Hook. He says the fishery is already stressed from rising ocean temperatures. While there used to be dozens of fishing boats here, Lovgren said today there’s only a handful. He worries that if oil and gas companies drill offshore, he’ll be put out of business.

“Blackback flounders are just about extinct in this area here,” he said. “That was a major fishery. yellowtail flounders, codfish, lobsters are disappearing off the Jersey coast and it’s all because the water’s getting too warm.”

Lovgren knows that burning fossil fuels is connected to climate change, warming oceans and his disappearing fish. Still, he said, he needs fossil fuel to trawl the ocean floor.

“Look, a fishing boat, it runs on diesel fuel. You have to have energy. We have to have energy.”

But President Trump’s offshore drilling proposal is an immediate threat to his livelihood, and he’s gearing up to fight it.

Lovgren, along with other fishermen, environmentalists, realtors, and local business owners, descended on a hotel near Trenton Thursday voicing their unified opposition to drilling for oil and natural gas off the coast of New Jersey.

The public meeting,hosted by federal officials from the Bureau of Ocean Energy Management, comes as the Trump Administration has proposed opening up the entire East Coast to offshore exploration.

But the proposal has little support along the Jersey coast.

“You start putting a bunch of oil rigs out there and it takes away places that we can tow, where we can fish,” Lovgren said. “The main concern is an oil spill.”

Talk to anyone who makes their living along the Jersey shore, whether it’s selling salt water taffy or renting shore houses, and they’ll tell you they don’t want another Deepwater Horizon along the East Coast. The Deepwater Horizon drilling rig explosion off the coast of Louisiana in 2010 spilled an estimated 171 million gallons of oil into the Gulf of Mexico, decimating the fisheries and driving away tourists.

“You know if we had a Deepwater Horizon spill down in Delaware,” Lovgren said, “it’s going to come right up off the Jersey shore. It’s going to wash right into Long Island onto the beach. It could be hitting Cape Cod and Nantucket. Now that could be devastating.”

Lovgren voted for President Trump, and still supports him. But not his proposal. He worries seismic testing, which is used to find the oil and gas reserves, would hurt whales and dolphins.

He’s also concerned about potential smaller leaks that don’t make headlines.

And he’s not alone.

Read the full story at NPR’s StateImpact Pennsylvania

 

NOAA touts upgrades to fish trip reporting

February 15, 2018 — NOAA Fisheries has updated the online method for groundfishermen to notify regulators of upcoming fishing trips, saying it should help even the playing field in the selection of vessels for observer coverage.

The system, known as PTNS for pre-trip notification system, specifically was redesigned to address the inflexibility of the current notification system and make it easier for fishermen to adapt to changes in monitoring requirements, according to regulators.

The new system, which has taken a technical team more than a year to develop, is set to go online in late April, in time for the May 1 opening of the 2018 fishing season, NOAA Fisheries said.

“We are thrilled to launch this update,” Jon Hare, director of the Northeast Fisheries Science Center, said in announcing the update. “This is a big step in the right direction.”

Under current management regulations, Northeast groundfishermen must notify NOAA Fisheries in advance of any commercial fishing trip to enable regulators to schedule at-sea monitor coverage across the fleet. The notifications can be made online, by email and by phone.

Read the full story at the Gloucester Times

 

One Square Mile FORUM: After the Codfather

February 14, 2018 — Before he pleaded guilty to flouting federal catch limits and smuggling money, Carlos Rafael, nicknamed “the Codfather,” controlled the largest groundfishing fleet that sailed out of New Bedford. How are the city’s fishing industries moving forward after the trial? What does the future hold for groundfishing and other fisheries? What are the biggest promises and challenges? What lessons can be learned from Carlos Rafael?

REGISTRATION IS FREE, BUT REQUIRED : REGISTER NOW THROUGH EVENTBRITE

Join Rhode Island Public Radio and UMass-Dartmouth for a public forum to discuss these and other topics related to New Bedford’s fishing industry.

WHEN:  Wednesday, February 21st from 6:00 to 7:00 PM.

View the whole announcement at Rhode Island Public Radio

 

Massachusetts: Rep. Keating Looking to ‘Speed Up’ Ending of NOAA Fishing Ban

February 12, 2018 — U.S. Representative William Keating recently met with new NOAA Regional Administrator Michael Pentony, and the congressman said he’s optimistic that the Sector IX groundfishing ban could soon come to an end.

“It was a great meeting,” Keating said. “There’s no learning curve with him in terms of what the issues are, and that’s an important thing.”

Keating met with Pentony on Tuesday night, just a few weeks after he was appointed the new regional administrator following the retirement of John Bullard.

“I requested, as soon as he was appointed, the opportunity to sit down with him,” Keating said. “He was great. He came to (Washington) D.C., sat down, and we talked for over an hour. We talked about general issues, but I also wanted to focus on what was going on in New Bedford in particular.”

The biggest issue, of course, is the groundfishing ban NOAA placed on Sector IX back in November. The ban is directly related to convicted “Codfather” Carlos Rafael, who owns 22 of the boats in Sector IX and whose illegal overfishing scheme has kept the sector from putting forth an operations plan acceptable to NOAA. Bullard said before his retirement that the ban cannot be lifted until the sector can accurately determine how much and what stocks Rafael overfished, and how the sector plans to go about making up for that number of lost fish.

Congressman Keating said his office has been in weekly contact with NOAA since the criminal proceedings against Rafael began last spring, because he said he knew then there would be repercussions that would reverberate through New Bedford and beyond.

Read the full story at WBSM

Massachusetts: ‘We knew it was bad, but we had no idea how bad’

February 12, 2018 — There have been almost a half-dozen screenings now of the “Dead in the Water” documentary on the commercial fishing crisis and one things is clear: Most people who don’t fish for a living have no real grasp of the complexities and challenges that fishermen face every day just to keep fishing.

That, of course, was one of the motivating forces in the making of the film, both for director David Wittkower, a Rockport native, and stakeholder producers John Bell and Angela Sanfilippo.

For Wittkower, the film is a chance to tell the story of the virtual disappearance of an industry rooted in his Cape Ann childhood. For the producers, particularly Sanfilippo, it is a chance to not only set the fishermen’s side of the debate, but to frame and personalize the issue in ways the industry has been unable to do before.

 “It’s accurate and it’s painful,” Sanfilippo said Saturday morning before the first of two sold-out screenings at the Cape Ann Museum. “But it’s the truth.”

The film, already shown in Rockport and New Bedford, was privately screened in Gloucester last year.

So Saturday’s twin-bill was the first public screening in America’s oldest commercial seaport, the first true home game for the film whose sweeping cinematography features Gloucester as the centerpiece and its fishermen as the core characters.

“I thought it was amazing,” said Peggy Matlow of Gloucester, following the morning screening in the museum’s auditorium and Granite Gallery. “It was enlightening and so well done.”

But like many before her, Matlow left the screening with a gnawing sense of frustration at the uneven financial and regulatory playing field portrayed in the film.

Read the full story at the Gloucester Times

 

A Famed Fishing Port Staggers as Carlos Rafael Goes to Jail

February 12, 2018 — NEW BEDFORD, Mass. — Carlos Rafael, whose initials are emblazoned on boats all over this port city, boasted that his fishing empire was worth even more than official records showed. His trick? When he caught fish that are subject to strict catch limits, like gray sole or cod, he would report that his nets were filled with something far more plentiful, like haddock.

“We call them something else, it’s simple,” Mr. Rafael told visitors who seemed interested in buying his business. “We’ve been doing it for over 30 years.” He showed off a special ledger labeled “cash.” And he described an under-the-table deal he had going with a New York fish buyer, saying at one point, “You’ll never find a better laundromat.”

But Mr. Rafael’s visitors turned out to be Internal Revenue Service agents, and the conversations, caught on tape and described in court documents, began the unraveling of Mr. Rafael, whose reign over a segment of this region’s fishing industry gave him his larger-than-life nickname, “the Codfather.”

As Mr. Rafael sits in prison, having pleaded guilty to lying about his catches and smuggling cash out of the country, nearly two dozen of his boats have been barred from fishing for species like cod and haddock, grinding part of the centuries-old maritime economy in the nation’s most lucrative fishing port to a halt.

Fishermen, ice houses and shoreside suppliers who once did business with Mr. Rafael are anxious, as their own businesses have slowed or stopped. Regulators, who oversee a federal system aimed at limiting what the industry fishes for, want more penalties, raising doubts about the future of the port when it comes to groundfish, the bottom-dwelling species like cod that were once the backbone of the fishing industry in New England.

“There are a lot of people on this waterfront, very hardworking people, whose livelihood depends on Carlos’s landings,” said Jon Mitchell, the mayor of New Bedford. “They don’t deserve to suffer along with him.”

Tony Fernandes, a captain on one of Mr. Rafael’s boats, said he was collecting unemployment benefits and waiting to learn when he may be able to fish again. “He’s putting in his time and he paid his fine,” he said of Mr. Rafael. “We are in limbo.”

For decades, Mr. Rafael, 65, was a blustery, polarizing figure along these piers. He called himself a pirate, and mocked smaller competitors as maggots or mosquitoes. When he wasn’t yelling into his phone in Portuguese, he held court around town, talking politics and fish. The authorities said he owned one of the country’s largest commercial fishing enterprises, and analysts estimate that he controlled about one-quarter of New England’s landings of groundfish. Mr. Rafael also had boats to harvest scallops, which now make up a much greater share of New Bedford’s total landings than groundfish do.

But Mr. Rafael also served as a dealer for the seafood that came off his boats, which prosecutors say made it easier for him to lie about what he was catching and how much he was getting for it.

“Carlos Rafael has been well known in the commercial fishing industry for 30 years,” said Andrew Lelling, the United States attorney for Massachusetts, who prosecuted the case. “And, for almost as long, federal law enforcement has heard rumors and concerns about Rafael acting illegally.”

Some people in New Bedford saw Mr. Rafael far differently — as a Robin Hood of sorts, with a pack of cigarettes and a dinged-up Silverado. He was a Portuguese immigrant who had started out cutting fish and eventually provided jobs for many people along a waterfront that has been bustling since Herman Melville immortalized its cobblestone streets and whaling ships in “Moby Dick.”

He saw an opportunity eight years ago when the government moved forward with a new regulatory system in New England, after Congress mandated that science-based limits be used to prevent overfishing. The cod catch, long a staple of New England’s economy, had fallen over the years.

Instead of the former approach of limiting how many days boats could spend at sea, the new regulations by the National Oceanic and Atmospheric Administration set specific ceilings on how many fish could be caught. The rules instantly were contentious, especially when regulators set low limits for dwindling species like cod to help them rebound.

Read the full story at the New York Times 

Massachusetts: Rep. Keating optimistic after meeting with NOAA on groundfishing ban

February 9, 2018 — NEW BEDFORD, Mass. — William Keating left a meeting with NOAA’s new regional administrator feeling optimistic regarding the agency’s stance on Sector IX.

The U.S. House member representing New Bedford met Tuesday night with Michael Pentony, who replaced John Bullard at NOAA and began his new role two weeks ago. Keating wanted to discuss the groundfishing ban that’s holding about 80 New Bedford fishermen off the water.

“What can I do to get people back fishing as quickly as possible?” Keating said. “That is creating my strong feelings of urgency around resolving the operations plan. That has to be done to go forward. NOAA is very clear about that.”

Neither NOAA nor Pentony would comment on the groundfishing ban placed on Sector IX.

However, Pentony also left the introduction with Keating with a feeling of optimism.

″(It was) very positive,” Pentony said. “I’m looking forward to continuing to work with the Congressman and his staff.”

Keating said his office remains in contact with NOAA on a weekly basis. The dialogue first began last spring.

The urgency, from Keating’s perspective results from the belief that the groundfishing ban established last November affects more than New Bedford.

As the most valuable fishing port in the country 17 years running, any splash in New Bedford ripples throughout Massachusetts, Keating said.

“It’s not only for our city, not only for our region, but for Massachusetts as a whole,” Keating said. “Having this cohesive industry situated the way that it is and the growth that can come from that … that is important in terms of the economic side that should be factored in.”

Because of its widespread effect on the state, Keating said he’s working with U.S. Senators Elizabeth Warren and Ed Markey on urging an immediate solution.

Read the full story at the New Bedford Standard-Times

 

New England Council waits on Massachusetts for new cod, haddock limits

February 8, 2018 — It’s always good to have a plan. Sometimes it’s even better to have a backup plan.

The New England Fishery Management Council has one of each for its recommendations to NOAA Fisheries on recreational Gulf of Maine cod and haddock bag limits for the 2018 fishing season.

Now the council is waiting on the Massachusetts’ Division of Marine Fisheries before it decides which recommendation to forward to federal fishery regulators.

In late January, the council voted to recommend NOAA Fisheries implement a “status quo” management policy for 2018 Gulf of Maine cod and haddock that would prohibit possession of any cod by recreational fishermen.

The recommendation, which was supported by the council’s recreational advisory panel and its groundfish committee, also set a 12-fish bag limit and 17-inch minimum size for haddock in federal waters and two seasonal closures — March 1 to April 14 and Sept. 17 to Oct. 31.

But here is the rub:

Last year, the state DMF implemented a policy that allowed private recreational anglers to keep one cod from each fishing trip in state waters and those recreational landings must be accounted for in determining whether federal regulators are able to hit their overall mortality targets and catch limits.

Too many cod grabbed in out of state waters could push the fishery past those targets.

Read the full story at the Gloucester Times

 

Recreational cod fishing to stay shut down in Gulf of Maine

February 2, 2018 — Fishing managers are recommending that cod remain off limits to recreational fishermen in the Gulf of Maine.

Cod were once harvested in colossal numbers from New England waters, but the population has collapsed in the Gulf of Maine and elsewhere. The New England Fishery Management Council is calling on the federal government to maintain a year-round ban on possession of Gulf of Maine cod by recreational fishermen.

Commercial fishermen are still allowed to catch cod in the Gulf of Maine, though quotas for the fish are so low that many try to avoid the fish altogether. Cod are widely used to make fish and chips.

Read the full story from the Associated Press at the Greenwich Time

 

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