Saving Seafood

NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

Massachusetts: NOAA Moves to Revoke All Carlos Rafael’s Permits, New Charges Include Cheating on Scallop Landings

January 11, 2018 — SEAFOOD NEWS — NOAA announced yesterday that they have filed a charging document to revoke all 38 of Carlos Rafael’s fishing permits, the dealer license for Carlos Seafood, and the scallop permits issued to two of Rafael’s scallop vessels.

The charges go beyond the criminal complaint of cheating on landings reporting, for which Rafael is already serving prison time. Out of 35 separate charges, 15 are new charges for violations in the scallop fishery.

NOAA claims that on four separate fishing trips in 2013, Rafael and related entities, along with two of his fishing vessel operators, filed false reports regarding the amount of scallops harvested by four vessels. For those violations, NOAA seeks to revoke permits issued to these vessels and a $843,528 penalty.

NOAA is seeking a total of $983,528 in civil fines.

Charging documents are how NOAA pursues a civil case before an administrative law judge.

They can include both NOVA (notice of violation for fishing activities) and NOPS (Notice of Permit Sanctions) and requests for civil fines.

Once the case is heard before an administrative law judge, the decision can be appealed to the NOAA administrator. If the parties object to the NOAA administrator’s decision they may then proceed to district court. However, according to lawyers familiar with NOAA procedures, the decision will not be set aside if it is supported by substantial evidence.

The civil action alleges 35 separate violations.

Counts 1-19 are based on Rafael’s conduct involved in his recent criminal case, specifically, the misreporting of species landed. For these violations, NOAA seeks to revoke the federal fisheries permits associated with the vessels at issue in the criminal case, but does not seek monetary penalties.

Counts 20-35 involve conduct unrelated to Rafael’s criminal case. Count 20 alleges that Rafael and related entities misreported where they caught yellowtail flounder in 2012. For this violation, NOAA seeks to revoke numerous permits involved and a $140,000 penalty.

Counts 21-35 involve misreporting in the scallop fishery.

It is important to note that before the administrative judge, normal rules of evidence don’t apply, and instead the ruling is made based on a preponderance of evidence.

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

 

Massachusetts congressional delegation urges Gov. Charlie Baker to reject Trump administration’s offshore drilling plan

January 11, 2018 — Massachusetts congressional lawmakers called on Gov. Charlie Baker Wednesday to formally oppose the Trump administration’s plan to expand oil and gas drilling off the East Coast.

All 11 members of the state’s delegation penned a letter to Baker urging him to join other states’ governors in officially rejecting the Interior Department’s newly unveiled five-year drilling plan, which seeks to open federal waters off the California coast and areas from Florida to Maine for oil and gas exploration purposes.

The lawmakers, who have been critical of efforts to expand offshore drilling, contended that opening areas off the East Coast for such purposes “would pose a serious threat to our oceans and the economic viability of the Commonwealth’s coastal communities, tourism and shore-side businesses that rely on healthy marine resources.”

Pointing to maritime industries’ impact on Massachusetts’ economy, the delegation noted that the commercial fishing supported 83,000 jobs in the state and generated $1.9 billion income, as well as $7.3 billion in sales in 2015.

Marine-related tourism, meanwhile, generates tens of billion of dollars in economic value each yeah and supports more than 100,000 jobs in Massachusetts, they wrote.

“The economic effects of our ocean community are extensive, providing a source of income and jobs for commercial and recreational fishermen, vessel manufacturers, restaurants and other businesses throughout Massachusetts, all of which would be threatened by allowing offshore drilling and the risk of an oil spill off our coast,” the letter stated.

Read the full story at MassLive

 

NMFS Approves New England Council Habitat Amendments; Will Provide Boost to Scallops up to 60 Million lbs

January 10, 2018 — SEAFOOD NEWS — NMFS has given formal approval to the New England Council’s Fish habitat amendment that makes major changes in rules regarding closed areas in New England.

The most immediate impact is on scallops, where NMFS approved the opening of closed area 1 and the Nantucket Lightship area.  The concept here was that an abundance of scallops in these areas would lead to rapid harvesting, and a lower swept area by scallop dredges than if vessels were trying to gain their allocations outside the closed areas.

Also research has shown that these were not significant areas for fish spawning.  The approval means that the options for scallop harvest will be at the maximum level considered by the council, which projects about 60 million pounds of scallop landings for the 2018-19 season.

NMFS rejected the opening of closed area II on Georges Bank, which is also a major scallop producer.

Overall, full time license holders will get a total of 6 closed area trips of 18,000 lbs each, along with 24 days at sea in the open areas.

The habitat framework is the most far reaching adjustments of closed areas in 20 years, and it will provide better protection for both fish and habitat while eliminating closures that no longer serve their intended purpose.

The major change that was not allowed by NMFS was the opening of Eastern Georges Bank, called closed area II.  This is the so called Northern Edge, which historically was one of the most abundant scallop producing areas.  NMFS is keeping it closed to protect habitat.

Council Executive Director Tom Nies said, “Naturally we’re disappointed that our proposed Closed Area II changes were not approved, but the fact that the vast majority of the amendment will be implemented is a solid endorsement of the work the Council and staff did to dramatically change the closure system off New England.”

The habitat framework also establishes a series of seasonal cod spawning closures to all gear, both recreational and commercial; and it also sets a number of areas where bottom trawl gear is prohibited, but the council makes distinctions in many areas that will allow use of gillnets and lobster gear, as well as scallop and clam dredging.

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

 

John Bullard: Incomplete investigation by Rafael sector is ‘show stopper’

January 9, 2018 — John Bullard, the outgoing northeast region administrator for the National Oceanic and Atmospheric Administration, has provided a clue as to what he believes is needed to re-open groundfish harvesting in Sector IX, Carlos Rafael’s former fishing group.

“As far as we know, the sector’s enforcement committee has not yet completed an investigation of the sector’s operations issues or determined the full extent of the sector’s non-compliance,” he says in a column published in South Coast Today, a newspaper serving New Bedford, Massachusetts, the port city Sector IX calls home.

“That’s a show stopper.”

Bullard has heard plenty of criticism from the newly constituted board of Sector IX, the mayor of New Bedford, Massachusetts, out-of-work crew members and many others since he announced his decision in November to shut down all groundfish harvesting for the group nearly five months before the season was due to end on April 30.

Read the full story at Undercurrent News

 

Ed Markey: Plan will spur ‘huge fight’ over offshore energy drilling

January 9, 2018 — BOSTON — The state’s environment, tourism and fishing industry could be threatened by President Donald Trump’s plan to open up more coastal areas to offshore drilling, according to U.S. Sen. Ed Markey, who said the proposal puts “nearly every single mile of coastline in the United States in the crosshairs of an oil spill.”

“Nothing is sacred,” Markey told reporters from the Kennedy Federal Building. “All of the United States is going to be open for the oil industry to be able to drill. That is something that the American people will want to have resolved on the floor of the House and Senate, and that is something that I am going to guarantee him that he will see. This is going to be a huge fight across our country.”

Interior Secretary Ryan Zinke on Thursday announced a proposal that would make more than 90 percent of the national outer continental shelf available for oil and gas exploration. Currently, 94 percent of federal offshore acreage is off-limits, according to the American Petroleum Institute.

The 380-page draft plan includes a note that Gov. Charlie Baker does not “support inclusion of areas adjacent to Massachusetts,” and Attorney General Maura Healey “strongly opposes opening up any of the Atlantic or any other new areas to oil and gas leasing.”

The Bureau of Ocean Energy Management estimates there are 89.9 billion barrels of oil and 327.5 trillion cubic feet of gas that have yet to be discovered on the outer continental shelf, including 4.6 billion barrels of oil and 38.2 cubic feet in the Atlantic portion of the shelf.

According to the American Petroleum Institute, Atlantic oil and natural gas development could deliver $51 billion in new government revenue, nearly 280,000 jobs and 1.3 billion barrels of oil equivalent per day for domestic energy production by 2035.

Read the full story at the Gloucester Times

 

John Bullard: Sector IX board’s failure to act stopped its fishing

January 8, 2018 — For New Englanders, Atlantic cod is not just another fish. The Sacred Cod that hangs in the Massachusetts State House is testament to the cod’s place in our culture and history.

For centuries, we fished for cod, and, as we watched the stock decline, we tried various ways to protect the resource that is considered as much a birthright as a commodity.

In 2009, the New England Fishery Management Council under the Magnuson-Stevens Act, agreed to try a system called “catch-shares,” which worked well on the West Coast.

The idea was simple: figure out how much fish from a particular stock can be sustainably caught— the “total allowable catch”—and divide that among fishermen.

By allocating quota, fishermen would have more control over when and how they fish, and — fishermen could fish when the weather and markets were most favorable. Catch shares eliminated the “race to fish” once a season opens.

A catch-share system allocating shares to groups of self-selected fishermen called ‘sectors’ went into place in the New England groundfish fishery in 2010. Within these sectors, fishermen organized themselves, determined how to fish their quota, and established other rules by which they would operate.

All sectors then submitted an operations plan to NOAA Fisheries and, under that plan, were responsible for policing themselves. The primary responsibility of a sector is to keep within its quota and account for its catch.

While most sectors have done a great job meeting this responsibility, Sector IX failed miserably over many years.

The former sector president, Carlos Rafael, is now behind bars for years of falsifying catch information, such as calling catch of low-quota, high-value cod, high-quota, lower-value haddock. He also admitted to tax evasion and bulk money laundering, all from his fishing operation.

Read the full opinion piece at the New Bedford Standard Times

 

Fishing officials ease restrictions in waters off New England

January 8, 2018 — After 15 years of research and deliberation, federal fishing officials this week approved a landmark set of regulations that will open a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species.

The opening of one area east of Nantucket, closed since the 1990s, could be extremely lucrative, allowing fishermen to catch as much as $160 million worth of additional scallops in the coming fishing season, regulators estimate.

“The scallop industry is thrilled to be able to access significant scallop beds,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington D.C., which represents the scallop industry. “Allowing rotational scallop fishing on these areas will increase the scallop fishery revenue in the short term and in the long run.”

Yet many in the industry had hoped that the National Oceanic and Atmospheric Administration would go further.

Minkiewicz and others objected to the decision to maintain the ban on fishing on the northern edge of Georges Bank, where there are significant amounts of scallops but also vulnerable species such as juvenile cod.

Minkiewicz said the industry would continue to press NOAA to reconsider opening those fishing grounds.

“The scallop industry respectfully disagrees with [NOAA’s] conclusion that allowing limited scallop fishing [there] . . . was not consistent with the law,” he said.

NOAA officials said that opening such areas could be harmful to some fish.

Read the full story at the Boston Globe

 

Can you hear me? NOAA studies boat noise and fish

January 8, 2018 — NOAA scientists studying sounds made by Atlantic cod and haddock at spawning sites in the Gulf of Maine have found that vessel traffic noise is reducing the distance over which these animals can communicate with each other.

As a result, daily behavior, feeding, mating, and socializing during critical biological periods for these commercially and ecologically important fish may be altered, according to a study published in Nature Scientific Reports.

Three sites in Massachusetts Bay included two inside Stellwagen Bank National Marine Sanctuary, a region well known to whale-watchers from the Cape because whales feed in the plankton-rich bank, and one inshore south of Cape Ann. All were monitored for three months by researchers at the Northeast Fisheries Science Center (NEFSC) laboratory in Woods Hole, and at the sanctuary offices in Scituate.

Vocalizations, such as Atlantic cod grunts and haddock knocks, were recorded by bottom-mounted instruments at each site during spawning in winter and spring.

“We looked at the hourly variation in ambient sound pressure levels and then estimated effective vocalization ranges at all three sites known to support spawning activity for Gulf of Maine cod and haddock stocks,” said Jenni Stanley, a marine research scientist in the passive acoustics group at the NEFSC and SBNMS and lead author of the study.

“Both fluctuated dramatically during the study. The sound levels appear to be largely driven by large vessel activity, and we found a signification positive correlation with the number of Automatic Identification System (AIS) tracked vessels at two of the three sites.”

AIS is an automatic tracking system, used on ships and by vessel traffic services. It provides information on a vessel, such as its unique identification number, position, course and speed, which can be displayed on a shipboard radar or electronic chart display.

Read the full story at the Wicked Local