Saving Seafood

MASSACHUSETTS: SouthCoast officials, business leaders set for trade mission to British wind energy ports

April 6, 2017 — Mayor Jon Mitchell later this month will lead a trade mission to two cities on the British east coast to see what it looks like when the wind energy sector of the economy takes off the way New Bedford hopes it will here.

About 20 people from SouthCoast are expected to be on the four-day trip to Hull and Grimsby, England, both on the Humber River and close to the English Channel and the North Sea.

Kingston on Hull, usually shortened to Hull, is a city of 257,710 people where the construction of wind turbines is an industry that has grown by leaps and bounds.

Nearby Grimsby, population of about 90,000, with an emphasis on installation and maintenance, has a history with uncanny parallels to the story of New Bedford, according to a scouting report by Paul Vigeant, president of the New Bedford Wind Energy, who visited there in January with a small contingent.

What they found was a region of England that is saturated with wind energy development. It is a place that New Bedford would eventually like to resemble, with hundreds of millions of dollars of wind power investment.

Grimsby once looked a lot like New Bedford. It had a thriving whaling industry, transitioning to fish, where it became the world’s largest fishing port for a time in the mid-20th century.

Read the full story at the New Bedford Standard-Times

Carlos Rafael faces $109K fine, loss of 13 vessels

April 4, 2017 — New Bedford fishing mogul Carlos Rafael may have to surrender up to 13 of his groundfishing vessels and must pay almost $109,000 in restitution to the Internal Revenue Service as part of his plea agreement with federal prosecutors.

Rafael pleaded guilty last Thursday to falsifying fish quotas, conspiracy and tax evasion in U.S. District Court in Boston and is scheduled to be sentenced there on June 27 by Judge William G. Young.

The 65-year-old Rafael could face up to 76 months in prison on the three charges — far less than the up to 20 years he would have faced under the original 27-count indictment. Federal prosecutors, however, have recommended a prison sentence of 46 months and a significant period of supervised release.

Young is not bound by the specifics of the plea agreement, nor must he follow federal prosecutors’ sentencing recommendations.

“Based on my experience, (Rafael) is probably looking at least three to four years in prison and a substantial fine,” New Bedford Mayor Jon Mitchell, a former federal prosecutor, told the Undercurrent News fishing website. “But I think the bigger question is what happens to his groundfish permits. They may be subject to forfeiture, but his forfeiture obligation can be subject in a number of ways.”

Read the full story at the Gloucester Times

New Bedford mayor: What’s next after Rafael’s guilty plea

April 3, 2017 — All eyes are on Carlos Rafael’s sizeable load of assets—32 fishing vessels, 44 permits and a business named Carlos Seafood—now that he’s facing up to 20 years of jail time when he receives his sentence in June.

His guilty plea agreement with the US government agrees to forfeiture of all 13 of his groundfish vessels, but his sizeable fleet of scallop vessels aren’t mentioned. A spokesperson at the Department of Justice (DOJ) declined to speculate on whether the federal government could seize these after his sentencing in June if Rafael couldn’t come up with the money to pay his fines, set at up to $7 million in the plea agreement.

New Bedford mayor Jon Mitchell, a former federal prosecutor, said there is flexibility within the terms of the plea agreement.

“Based on my experience, he’s probably looking at least three to four years in prison and a substantial fine,” Mitchell told Undercurrent News. 

Rafael is facing multiple counts of federal crimes, some of which include a maximum sentence of five years and one of which provides a maximum sentence of 20 years.

“But I think the bigger question is what happens to his groundfish permits,” Mitchell said. “They may be subject to forfeiture, but his forfeiture obligation can be subject in a number of ways.”

Typically, in other cases where the government seizes assets, those assets are sold by the government in an open auction; however, this case is unusual, making the asset sale process possibly run differently, a spokesperson for the DOJ told Undercurrent.

Such a sale at a government auction raises big concerns for Mitchell. 

“There’s a chance they may be bought up by government interests outside the port, and that scenario may have a direct impact on the industry here,” he said.

Mitchell plans to argue for Carlos’s permits to remain in the port of New Bedford, the largest seafood port in the United States.

The DOJ and the National Oceanic and Atmospheric Administration (NOAA) could substitute cash for the forfeiture of vessels by allowing Carlos to pay an equivalent amount of cash, attained through a sale of the vessel to a New Bedford buyer, instead of simply handing the vessels over to them to sell, Mitchell said. 

Read the full story at Undercurrent News

MASSACHUSETTS: Cabral hopeful lobster bill will finally get passed, bring new jobs to New Bedford

April 3, 2017 — It was billed as a legislative lunch with the likes of U.S. senators Elizabeth Warren and Ed Markey, but much of a March 24 “legislative luncheon” at Seatrade International was actually about trying to hammer out an agreement on a bill governing the way you can sell lobsters in Massachusetts.

Other topics focused on policies that will govern the growth of the Port of New Bedford.

The luncheon had two parts, one public and one private. And the initial closed-door part, which besides Warren and Markey included the five members of New Bedford’s all Democratic House delegation, began with a heated debate over a lobster bill.

The bill (House Bill 2906) was co-sponsored by 13th Bristol District Rep. Antonio Cabral, who represents the downtown, South End and much of the waterfront. His proposed legislation would allow for the sale, processing and transport of lobster parts, which is already legal in Maine and New Hampshire but not Massachusetts.

“We’ve been trying to resolve this issue for some time,” Cabral said. “There was a bill during the last session, but we’ve made some progress.”

The packet handed to the attendees of the legislative lunch included two letters, one signed by Mayor Jon Mitchell and the other by Ed Anthes-Washburn, the executive director of the Harbor Development Committee. The letters supported two previous lobster bills that failed.

Anthes-Washburn’s letter, addressed to the State House, voiced support for Senate Bill S469 in 2015. After three readings and being passed to be engrossed by the Senate, the House sent it to the Committee on Ways and Means in 2016, where no further action was taken.

Read the full story at the New Bedford Standard-Times

Carlos Rafael’s guilty plea in federal court draws mixed reactions

March 31, 2017 — There was a mixture of emotions and reactions among members of the local fishing industry over the guilty plea Carlos that “The Codfather” Rafael entered in Federal Court Thursday. Some expressed a certain amount of sympathy for Rafael in the highly regulated business. Some didn’t.

This doesn’t come as a surprise,” said Mayor Jon Mitchell. Ever since Carlos’ arrest became public it was clear the government had him dead to rights.”

Mitchell, a former federal prosecutor, said that he thinks Rafael “is looking at three or four years in federal prison and to my mind he deserves it.”

“The more important question is what will happen to the permits. That determination has been left up to NOAA.”

Rafael’s fishing operation has continued under the permits, but it is possible the government will auction them off or send them out of the city in some other way, Mitchell said. He said he “pointedly” made that point with NOAA.

“The numerous people he employs shouldn’t have to suffer because of his dishonesty.”

Jim Kendall, president of New Bedford Seafood Consulting, had the same concern about the permits. He noted that other boat owners have been stripped of their permits. “But I am not sure that it means anything for us,” he said.

“I’m hoping that whatever the decision is that it doesn’t harm the port or the fishermen here. I am concerned about the impact.

Joann Field of Acushnet said, “If he is taking responsibility, that’s a good thing.”

But her husband Roland wondered aloud how much the strain of government monitoring and enforcement pushed him in the direction he went.

Read the full story at The New Bedford Standard-Times 

New Bedford Mayor Jon Mitchell Submits Additional Testimony on Marine Monuments to Congress

WASHINGTON (Saving Seafood) – March 30, 2017 – On March 15, Mayor Jon Mitchell of New Bedford, Massachusetts delivered written testimony to the House Natural Resources Committee expressing serious concerns about the impact of marine monuments on fishermen and coastal communities, as well as the process by which president’s designate monuments using the Antiquities Act.

Yesterday, Mayor Mitchell submitted additional answers to questions from Rep. Doug Lamborn, Chairman of the Subcommittee on Water, Power, and Oceans. In his follow-up answers, Mayor Mitchell supported fisheries management under the Council process created by the Magnuson-Stevens Fishery Conservation and Management Act.

“I would argue that the Council has both the resources and the approach necessary to achieve ecosystem protection (while balancing economic productivity) commensurate with any protections that could be pursued in conjunction with a monument designation under the Antiquities Act,” Mayor Mitchell wrote. “I have witnessed firsthand the strengths of the of the Fishery Council’s deliberative- and decision-making processes.”

Mayor Mitchell went on to cite two recent examples of the Council process effectively being used to protect important marine resources. In the Mid-Atlantic, the Frank R. Lautenberg Deep-Sea Coral Protection Area, designated by the Mid-Atlantic Fishery Management Council in 2015, brought together a broad range of stakeholders to protect over 38,000 square miles of federal waters. The resulting protected area was applauded by conservation groups and fishermen alike.

In New England, the Omnibus Habitat Amendment 2, passed last year by the New England Fishery Management Council after more than a decade of work, used the most up-to-date science to protect essential and vulnerable New England habitats, while opening up areas no longer considered important for successfully conserving fish stocks. The development of this amendment was deliberative and collaborative, with input from federal and state regulators, environmental groups, scientists and academics, and members of the fishing industry, Mayor Mitchell wrote.

Read Mayor Mitchell’s letter here

MASSACHUSETTS: Warren, Markey speak on port of New Bedford

March 27, 2017 — Behind closed doors, politicians from around the state discussed how to improve the Port of New Bedford Friday afternoon at Seatrade International.

“We want to make sure the 21st century is just as prosperous and even more so than the 20th and 19th centuries were for New Bedford,” Markey said. “We’re going to work down in Washington every day to advocate for the commercial fisherman of New Bedford.”

Senators Markey and Elizabeth Warren, along with state representatives Bill Strauss, Paul Schmid, Christopher Markey, Robert Koczera and Antonio Cabral joined Mayor Jon Mitchell, City Council President Joe Lopes and Ward 4 Council Dana Rebeiro, discussed policies affecting the port.

The meeting lasted about an hour and according to Ed Anthes-Washburn, the executive director of the Harbor Development Commission, about two-thirds of the discussion revolved around dredging.

“We heard example after example of what it will mean if we could get proper dredging for new businesses, expanded businesses, more opportunities,” Warren said. “That’s what we want to see in New Bedford. That’s what we want to see here in Massachusetts.”

The New Bedford Harbor Development Commission predicts the dredging would create  898 permanent jobs, $65.1 million in wages and $11.5 million in state and local taxes.

“We have a number of docks in the harbor that are on very shallow water,” Mitchell said. “There are businesses that want to pull boats up to those docks but can’t because of the shallow water.”

According to Washburn, who attended the meeting, lawmakers agreed that Phase V dredging would be most beneficial for the port in terms of cost and reward.

Read the full story at The New Bedford Standard-Times

New Bedford Standard-Times: Congress can realign the bureaucracy

March 17, 2017 — The designation of the Northeast Canyons and Seamounts as a national monument last summer might have appeared to be the end of a battle between environmentalists and commercial fishermen, but the installation of an administration focused on deregulation has revived the fight.

The House Committee on Natural Resources on Wednesday held an oversight hearing on the creation of national monuments that included testimony from New Bedford Mayor Jon Mitchell, as well as representatives of extractive industries, academia and commercial tuna fishing. Mayor Mitchell, who couldn’t attend the hearing because of weather-disrupted travel plans, testified about the impact on both the red crab fishery and those fisheries that involve migratory fish that swim in the upper part of the water column. There were questions from committee members that reflected both sides of the issue, including one from a Democrat questioning the validity of the mayor’s argument about migratory fish. The response by University of North Carolina biology professor John Bruno to Democratic Virginia Rep. Don Beyer was that the entire water column needs protection.

Mayor Mitchell also lamented the lack of stakeholder input involved in the monument designation through the executive instrument of the Antiquities Act used by President Barack Obama last year.

Republican Alaska Rep. Don Young also wondered at the Antiquities Act during the hearing, attributing more than just conservation as the goal to the former president: Rep. Young believes the ocean designations made under President Obama were calculated to limit offshore drilling and mining.

Rep. Young noted forcefully that Congress did not create the Antiquities Act to protect oceans, and it represented a clear case of executive overreach.

The Standard-Times is generally in favor of policies that reduce fossil fuel extraction. Nevertheless, Rep. Young’s observation about the Antiquities Act, Mayor Mitchell’s complaint about its use, and the duty of oversight point to the issue of Congress’ intent, which should have weight in the committee’s opinion. Congress has the authority to rein in the bureaucracy, though it doesn’t always exercise that authority.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: New Bedford Mayor questions decision-making process behind marine monuments

March 16, 2017 — Tuesday’s winter storm prevented Mayor Jon Mitchell from appearing in front of the U.S. House Committee on Natural Resources on Wednesday, but he still voiced his opinion on the matter of national marine monuments through written testimony.

Mitchell submitted five pages laying out criticism of President Barack Obama’s executive order that created a protected marine area about 130 miles off the coast of Cape Cod last September.

“The monument designation last fall puts New Bedford jobs in peril, specifically jobs associated with the crab and lobster industries,” he told The Standard-Times. “More generally, the authority exercised by the president is something that could be used again and put other jobs at risk.”

In his testimony, Mitchell highlighted two key concerns with the monuments. First, he called the monument “poorly conceived” and again questioned the process of establishing the protected waters.

“It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency and a deliberate pace that allows adequate time and space for review,” Mitchell wrote in his testimony.

He also questioned the effectiveness of the monuments in protecting marine life, stating that fisheries focused on fish near the surface of the water would “have no impact on the integrity of the bathymetry and substrate that a monument is meant to protect.”

Proponents of the monument refer to the order as a vital piece to the future of marine life. Dr. John Bruno, a biology professor at the University of North Carolina who attended Wednesday’s hearing, supported the protected waters. He criticized past legislation like the Magnuson-Stevens Act saying it’s failed to protect oceanic ecosystems.

Under the Magnuson-Stevens act, temporary fishery management plans are enacted for finite periods. Monuments like those enacted by Obama under the Antiquities Act, are permanent.

“Permanent is an awfully long time to state the obvious,” Mitchell said. “When decisions like that are made, they have to be subjected to the fullest possible input. I’m certainly not taking the position that this sort of thing should never happen but rather these decisions need to be more carefully made.”

Read the full story at the New Bedford Standard-Times

New Bedford Mayor Jon Mitchell Voices Coalition Concern Over Marine Monuments at House Hearing

WASHINGTON – March 15, 2017 – The following was released by the National Coalition for Fishing Communities:

Today, New Bedford, Mass. Mayor Jon Mitchell delivered written testimony to the House Natural Resources Committee on behalf of Saving Seafood’s National Coalition for Fishing Communities. His testimony expressed serious concerns about the impacts of marine monuments, designated using executive authority under the Antiquities Act, on fishermen and coastal communities.

Mayor Mitchell had planned to testify in person before the Subcommittee on Water, Power, and Oceans as a representative of the NCFC, but was unable to attend the hearing in Washington due to snow and severe weather conditions in the Northeast.

In his testimony, Mayor Mitchell questioned both the “poorly conceived terms of particular monument designations,” as well as “more fundamental concerns with the process itself.” Mayor Mitchell also delivered a letter to the committee signed by eleven NCFC member organizations further detailing their concerns with the monument process and how fishing communities across the country are affected by monument designations.

The letter was signed by the Atlantic Offshore Lobstermen’s Association, the California Wetfish Producers Association, the Fisheries Survival Fund, the Garden State Seafood Association, the Hawaii Longline Association, the Long Island Commercial Fishing Association, the Menhaden Fisheries Coalition, the North Carolina Fisheries Association, the Southeastern Fisheries Association, the West Coast Seafood Processors Association, and the Western Fishboat Owners Association.

In addition, three NCFC member organizations, the Atlantic Offshore Lobstermen’s Association, the Hawaii Longline Association, and the North Carolina Fisheries Association submitted individual letters outlining in further detail their opposition to marine monuments.

Mayor Mitchell was also critical of the monument designation process, by which a president can close off any federal lands or waters on a permanent basis using executive authority under the Antiquities Act. He instead praised the Fishery Management Council process created by the Magnuson-Stevens Act, which he said affords greater opportunities for input from stakeholders, scientists, and the public.

“The monument designation process has evolved effectively into a parallel, much less robust fishery management apparatus that has been conducted entirely independent of the tried and true Fishery Management Council process,” Mayor Mitchell said. “It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency, and a deliberate pace that allows adequate time and space for review.”

Mayor Mitchell used his testimony to call attention to issues affecting fishing communities across the country, including New England fishermen harmed by the recently designated Northeast Canyons and Seamounts Marine National Monument, and Hawaii fishermen harmed by the expansion of the Papahānaumokuākea Marine National Monument. He also expressed the concerns of fishermen in Mid-Atlantic, South Atlantic, and Pacific waters in dealing with the monument process.

Mayor Mitchell concluded by calling on Congress to integrate the executive branch’s monument authority with the established processes of the Magnuson-Stevens Act, ensuring that the long-term interests of all stakeholders are accounted for.

“This Congress has an important opportunity to restore the centrality of Magnuson’s Fishery Management Councils to their rightful place as the critical arbiters of fisheries management matters,” Mayor Mitchell said. “Doing so would give fishing communities much more confidence in the way our nation approaches fisheries management. And it could give the marine monument designation process the credibility and acceptance that it regrettably lacks today.”

The mayor spoke at the hearing on behalf of the NCFC. The city of New Bedford, as Mayor Mitchell stated in his testimony, was instrumental in the founding of the Coalition, providing an initial seed grant for its creation.

Read Mayor Mitchell’s full testimony here

Read the NCFC letter here

Read the Atlantic Offshore Lobstermen’s Association letter here

Read the Hawaii Longline Association letter here

Read the North Carolina Fisheries Association letter here