Saving Seafood

BULLARD: Blame Rafael, not NOAA, for Sector IX Shutdown

December 28, 2017 — When the National Oceanic and Atmospheric Administration closed down Sector IX to groundfishing back on November 20, many felt the organization was punishing New Bedford fishermen for the actions of “The Codfather” Carlos Rafael. It was Rafael’s vessels that went over catch limits as part of his overfishing scheme that sent him to federal prison.

NOAA regional administrator John Bullard told WBSM News that shutting down the sector isn’t about any kind of sanctions or punitive actions for Rafael’s scheme, but rather for cleaning up the mess he left behind.

“The basic responsibility of a sector is to report the catch, and to keep vessels within the limits for that sector for all the species of groundfish,” Bullard said. “To this date, we don’t know how many fish the vessels in Sector IX have caught. We don’t know how much they have exceeded the limits on some of their catch, and we think some of those overages are significant.”

Bullard said that since 2012, when NOAA went to the quota-based system, it has been each sector’s responsibility to keep track of its own catch.

“They can lease back and forth within a sector, they can lease fish from one sector to another,” he said. “That’s all designed to maximize efficiency and keep government kind of out of it, and allow the efficiency of the private sector to work. Mr. Rafael misused that system, and until we understand how much they went over and what species, we’re not about to let the boats go fishing again.”

Bullard said NOAA initially reviewed the sector’s operation plan back in May along with those of all the other sectors, as the fishing year begins on May 1.

“I decided at that time, that even though there were problems with Sector IX last May, we would allow them to continue operating because the trial had not taken place. We felt we should let them operate until the trial concluded,” he said. “We faced a lot of criticism for that decision.”

But once the trial was completed and Rafael was sentenced to about four years in prison, the decision was made to halt operations in Sector IX until the extent of the overfishing could be determined. As part of the shut down, the Sector IX vessels cannot join other sectors, or the common pool.

Read the full story at WBSM

Foes, friends praise retiring NOAA official’s approach

December 26, 2017 — He’s been called a Neanderthal and the most reviled man in the region’s fishing community. At a public meeting broadcast on national TV, a fisherman once accused him to his face of lying for a living.

As the regional fisheries administrator of the National Oceanic and Atmospheric Administration, John Bullard has drawn ire from all sides — fishermen, environmentalists, and politicians alike. His decisions have been routinely controversial, and he has rarely minced words in defending them.

Yet he has also earned widespread respect during his tenure as the region’s top fishing regulator, the rare public official willing to say what he thinks, no matter how unpopular. Earlier this year, he even publicly criticized his bosses, an offense that nearly got him fired.

As he prepares to retire from one of New England’s most influential — and thankless — government positions, Bullard, 70, has few regrets.

Read the full story at the Boston Globe

 

Jon Mitchell: Ban costing Port of New Bedford $500K a day

December 22, 2017 — NEW BEDFORD, Mass. — In a letter addressed to NOAA, Mayor Jon Mitchell said the Port of New Bedford could be losing nearly $500,000 a day because of the groundfishing ban.

Mitchell referenced analysis prepared by Professor Dan Georgiana of SMAST, which stated the 25-day-old ban caused as much as $12 million (to date) in damage to the port.

Mitchell filed his letter Wednesday, the final day in which comments regarding the ban could be submitted. Andrew Saunders, the attorney for Sector IX, the Carlos Rafael fishing division that’s prevented from groundfishing, also submitted a letter Wednesday.

“It’s no exaggeration to say that hundreds of lives in New Bedford have been disrupted by the NOAA decision,” Mitchell wrote.

NOAA said it is still processing the submitted comments and wouldn’t comment on any submissions.

Mitchell doubled down on his plea throughout the Rafael saga: That innocent third parties shouldn’t be harmed for Rafael’s actions. NOAA Regional Administrator John Bullard revoked Sector IX’s operational plan on Nov. 20, which banned Rafael’s fleet from groundfishing. Bullard, a former New Bedford mayor, backed his decision stating deficiencies lingered within the sector.

Mitchell, a former U.S. prosecutor, presented a legal argument that should have prevented the ban. He cited National Standard 8, which states any prevention of overfishing should take into account the extent of adverse economic effects.

“I believe National Standard No. 8 would require due consideration of the socioeconomic impact that the notice of withdrawal of approval has on the member of Sector IX as well as the effected stakeholders in the Port of New Bedford,” Mitchell wrote.

Read the full story at the New Bedford Standard Times

 

Ocean perch stock rebuilt, could lead to more commercial fishing opportunities in 2019

December 21, 2017 — Federal restrictions designed to protect Pacific ocean perch from overfishing have worked well enough for the Pacific Fishery Management Council to consider the fishery “rebuilt,” meaning it will relax restrictions. Once the new rules take effect in 2019 it should have significant economic value to the coast, experts say.

“It’s a big deal for fisheries along the coast,” said Phil Anderson, who works with Ocean Gold Seafood in Westport and serves as chairman of the Pacific Fishery Management Council. “It’s another one in the line of species that were determined to be overfished here about a decade ago that has since been rebuilt.”

Pacific ocean perch have been overfished since the mid-1960s when foreign fleets targeted groundfish stocks, in particular Pacific ocean perch, off the U.S. West Coast. The mandates of the 1976 Magnuson-Stevens Act, the primary law governing U.S. fisheries management, eventually ended foreign fishing within 200 miles of the coast. The first Federal trip limits to discourage targeting and to conserve a U.S. West Coast groundfish stock were implemented for Pacific ocean perch in 1979. Rebuilding plans for Pacific ocean perch were adopted in 2000 and 2003.

Pacific ocean perch is one of many species of groundfish, managed and regulated by the Pacific Fishery Management Council. The fish, which live near the bottom of the ocean, mingle and protection of the perch has constrained the West Coast trawl fishery for decades.

Read the full story at The Daily World 

 

Boston Globe: What’s fair in breaking up Carlos Rafael’s empire?

December 18, 2017 — Randy Cushman, a fourth generation fisherman in Maine, knows what the crimes of Carlos Rafael cost him.

Cushman fishes out of the bucolic village of Port Clyde, population 307, the sort of place many New Englanders might still associate with the region’s storied, struggling fishing industry. Last season, he had to pay $49,000 for fishing quota, most of it for American plaice, a species of groundfish commonly known as dabs. Cushman’s own allowance on the fish ran out after only four days on the water, forcing him to bargain with other fishermen for more.

Up the coast, Rafael had been catching dabs in the Gulf of Maine too. But in an elaborate criminal scheme, the New Bedford fishing tycoon, owner of about 40 vessels, was directing his captains to report dabs as other kinds of fish, often haddock, which is subject to much higher limits. Breaking the rules let Rafael evade the kind of payments that Cushman made. It also depressed prices by flooding the market with black-market fish. Worst of all, the scheme also meant fishing regulators were getting inaccurate information about how many fish Rafael’s empire was scooping out of the Atlantic, bad data that fishermen suspect distorted how scientists analyzed ocean trends, and Cushman believes skewed the way regulators set the amount each fishermen can catch before having to start paying.

“He definitely hurt my business,” Cushman said. Bottom line: “I should have ended up with more allocation on dabs,” he said.

Rafael, whose downfall came after he boasted of his scheme to undercover IRS agents posing as Russian mobsters, is now serving a 46-month sentence in federal prison. The made-for-TV story, complete with an illicit cash buyer in New York, bank accounts in Portugal, allegations of corrupt sheriff deputies, and broad hints that other players on the waterfront must have been in the know, has transfixed New England’s close-knit fishery. Rafael’s arrest has thrust arcane fisheries policies into the spotlight, touched off a political battle between Massachusetts and Maine about the future of his businesses, and raised questions about how fishing regulators can provide justice for his victims and prevent a scheme like his from infecting the fishery again. The feds have already seized some of his permits and four of his boats, but more punishments are widely expected. A spokeswoman for the National Oceanic and Atmospheric Administration, Jennifer Goebel, said the regulatory agency was considering further sanctions against Rafael but that “it’s longstanding NOAA policy not to discuss pending enforcement matters.”

Read the full editorial at the Boston Globe

MASSACHUSETTS: New Bedford City Council seeks action on Carlos Rafael’s fishermen

December 18, 2017 — NEW BEDFORD, Mass. — The City Council took aim at former Mayor John Bullard and his decision to prevent Sector IX, the fishing division populated by Carlos Rafael vessels, from landing groundfish.

“It’s important that we get turn this around,” [Ward 4 Councilor Dana] Rebeiro said. “He’s a very reasonable man. He loves New Bedford. I know he’s very concerned about Carlos Rafael, as we all are, and the fact that he was able to do what he did for so long. But I think there has to be a way that we can make sure that justice is served but not at the expense of these families.”

The council agreed to send a letter to Bullard, the Northeast Regional Administrator for NOAA and the federal delegation asking for immediate reversal of the ban.

The ban took effect Nov. 20 as a result of Bullard believing the division still hadn’t addressed issues resulting from Rafael’s illegal behavior.

Read the full story at the New Bedford Standard-Times

Big changes likely for national monument just outside Gulf of Maine

December 14, 2017 — Interior Secretary Ryan Zinke may have decided Katahdin Woods & Waters National Monument in northern Maine should be left as it is, but he’s proposing major changes to another monument established just last year in the Atlantic ocean, on the far side of the Gulf of Maine.

Zinke has recommended that commercial fishing activity resume in the Northeast Canyons and Seamounts Marine National Monument and two other marine monuments in the Pacific.

The marine monument, which encompasses nearly 5,000 square miles, lies outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod along the edge of the continental shelf. It was created by then-President Barack Obama in September 2016.

Since President Donald Trump ordered a review this past spring, Zinke has been reviewing the status of 27 monuments, five of them marine monuments, that were created by prior presidents.

Katahdin Woods & Waters National Monument in northern Maine, also created last year by Obama, was among those under review. Last week, Zinke recommended that no changes be made to the northern Maine monument.

As part of the same report, which was released Dec. 5, Zinke recommended that fisheries in the three marine monuments should be subject to the same federal laws that apply to fisheries nationwide.

Read the full story at the Bangor Daily News

 

‘It’s devastating’: Fishermen try to cope as NOAA shuts down groundfishing

December 13, 2017 — NEWPORT, R.I. — Cesar Verde only knows fishing.

The New Bedford resident learned the craft in his native Portugal. For the past 17 years, he’s worked in the fishing industry in his new home, and he’s been a captain for the past decade.

However, for the last two weeks, he’s been out of the water because NOAA prohibited Carlos Rafael’s vessels from groundfishing.

Verde captains fishing vessel Ilha do Corvo.

“So far, (I’m) pitching in on the little savings I have. Soon I’ll run out,” Verde said. “It will very soon become survival mode all the way up to putting food on the table.

“My hands and feet are totally tied up. This is what I do. This is the only thing I know how to do.”

The decision came as NOAA believed the executives who manage fishing Sector IX, which Rafael’s vessels populate, haven’t corrected some lingering issues associated with the fishing mogul’s illegal behavior including preventative measures and updated catch reports.

Read the full story at the New Bedford Standard-Times

 

Another Important West Coast Groundfish Stock is Rebuilt

December 12, 2017 — PORTLAND, Ore. — The following was released by the Pacific Fishery Management Council:

An important West Coast groundfish stock that was formerly overfished has now been rebuilt.

Pacific ocean perch, which is managed by the Pacific Fishery Management Council and the National Marine Fisheries Service (NMFS or NOAA Fisheries), has constrained the West Coast trawl fishery for decades. Pacific ocean perch has been overfished since the mid-1960s when foreign fleets targeted groundfish stocks, in particular Pacific ocean perch, off the U.S. West Coast.  The mandates of the 1976 Magnuson-Stevens Act, the primary law governing U.S. fisheries management, eventually ended foreign fishing within 200 miles of the U.S. coast.  The first Federal trip limits to discourage targeting and to conserve a U.S. West Coast groundfish stock were implemented for Pacific ocean perch in 1979 by the Pacific Fishery Management Council and NMFS.  Rebuilding plans for Pacific ocean perch were adopted in 2000 and 2003.

Managing groundfish fisheries under rebuilding plans has been an immense challenge for the Pacific Council and the NMFS. These plans required sharp reductions in commercial and recreational fisheries targeting groundfish, and included widespread fishing closures through the establishment of Rockfish Conservation Areas off the West Coast and other measures.

“We are pleased to see that our management strategies have been successful in rebuilding this important groundfish stock, and want to acknowledge the industries’ cooperation and sacrifice in this effort,” said Council Chair Phil Anderson.  “We also want to recognize NMFS for committing the resources to monitor and research groundfish stocks to improve the science used to sustainably manage these stocks.”

Since 2003, managing overfished species through area closures such as the Rockfish Conservation Areas has helped to reduce fishing impacts and rebuild overfished groundfish species.  In addition, the groundfish fleet has had to limit fishing for other more abundant species to avoid unintentional catch of the overfished stocks. “It is remarkable that the rebuilding of Pacific ocean perch was accomplished 34 years ahead of schedule,” said Barry Thom, Regional Administrator of NMFS’ West Coast Region.  “It is the strong partnership between fishery managers and industry and the strong commitment to catch limitations that allowed it to happen.”

These strategies have been used to successfully rebuild eight groundfish stocks, including Pacific whiting, bocaccio, darkblotched rockfish, lingcod, canary rockfish, widow rockfish, petrale sole, and Pacific ocean perch.  Canary rockfish was declared rebuilt in 2015 and earlier this year, bocaccio and darkblotched rockfish were also declared rebuilt. These successes reflect the support and sacrifice of West Coast ports and fishermen who recognized the difficult actions and fishing cutbacks necessary to restore the stocks.

Only two overfished stocks—cowcod and yelloweye rockfish—continue to be managed under rebuilding plans.  Both have shown dramatic rebuilding progress, with cowcod projected to be rebuilt by 2019 and yelloweye rockfish as soon as 2027.  Improvements in the status of these two stocks, coupled with the successful rebuilding of the other eight groundfish stocks declared overfished in the past, will lead to increased fishing opportunities beginning in 2019.  The Pacific Council is scheduled to make their final decisions on 2019 and 2020 groundfish fisheries next June at their meeting in Spokane, Washington.

Process

The Pacific ocean perch assessment was developed by NMFS scientists at the Northwest Fisheries Science Center and was reviewed in the Council’s stock assessment review process with a final endorsement by the Council Scientific and Statistical Committee.  On December 11, NMFS formally determined the stock’s status as rebuilt.

Council Role

The Pacific Fishery Management Council is one of eight regional fishery management councils established by the Magnuson Fishery Conservation and Management Act of 1976 for the purpose of managing fisheries 3‐200 nautical miles offshore of the United States of America coastline.  Altogether, the Pacific Council manages more than 100 species of groundfish. The Pacific Council recommends management measures for groundfish and other ocean fisheries off the coasts of California, Oregon, and Washington.

On the Web:

 

Fisheries council boosts Gulf of Maine quotas for cod, haddock, pollock

December 11, 2017 — The New England Fishery Management Council voted to increase cod and pollock quotas for 2018, a move that is expected to benefit New England’s fishing industry.

The council passed a rule Thursday that sets new quotas and has a number of other groundfish adjustments.

The species with substantial quota increases are Georges Bank cod, Gulf of Maine cod, Gulf of Maine haddock and pollock.

The redfish quota will rise by 5 percent.

The biggest percentage increases all were in the Gulf of Maine, where haddock has been nearly tripled to 8,738 tons, and pollock doubled to 37,400 tons.

Cod was increased 156 percent on Georges Bank and 39 percent in the Gulf of Maine, both signs of improving health of the cod stock.

Read the full story at the Portland Press Herald