Saving Seafood

Gloucester Times: Carlos Rafael case highlights failings of regulatory system

October 3, 2017 — Sometime early next month, Carlos Rafael is expected to report to a federal prison to begin serving a 46-month sentence for criminal conspiracy and tax evasion.

Rafael, the 65-year-old New Bedford-based fishing magnate, admitted to a judge earlier this year that he had lied to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling.

At sentencing last week, U.S. District Judge William G. Young rejected the argument from the man who liked to call himself “The Codfather” that the fraud was necessary to protect the jobs of his workers.

“This was stupid,” Young told Rafael. “This was a corrupt course of action from start to finish. It’s a course of action of extensive corruption designed to benefit you, to line your pockets. That’s what it is and that’s why the court has sentenced you as it has.”

Good for Young for handing down a stiff sentence (Rafael was seeking probation). The Codfather’s story, however, does not end here. His arrest and prosecution laid bare a broken regulatory and monitoring system.

Read the full editorial at the Gloucester Times

NE Council Receives 2017 Scallop Survey Overview and Progress Report on 2018 Management Measures in Framework 29

October 2, 2017 — The following was released by the New England Fishery Management Council:

During its late-September meeting in Gloucester, MA, the New England Fishery Management Council received a comprehensive overview of the “very successful” 2017 scallop survey season. The Council then reviewed the range of measures under development for Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan. These measures, once fully developed and approved, will apply to the 2018 scallop fishing year, which will begin on April 1 instead of March 1 as in previous years.

Five separate groups contributed to the 2017 scallop surveys:

  • The Virginia Institute of Marine Science (VIMS) conducted dredge surveys in the Mid-Atlantic, Nantucket Lightship Area, and Closed Area II.
  • UMass Dartmouth School for Marine Science and Technology (SMAST) conducted intensive surveys of Closed Area I, Closed Area II, and the Elephant Trunk Area, along with broadscale surveys of Georges Bank and the Mid-Atlantic and a drop camera survey of Stellwagen Bank in the Gulf of Maine.
  • The Woods Hole Oceanographic Institution (WHOI), in partnership with Lund’s Fisheries, conducted a Habitat Camera Mapping System (HabCam) version 5 (v5) survey of the Northern Edge on Georges Bank.
  • Coonamessett Farm Foundation (CFF) conducted a HabCam v3 survey of the Nantucket Lightship Area, as well as a HabCam v3 survey on Stellwagen Bank and Jeffreys Ledge in the Gulf of Maine, along with six dredge tows on Stellwagen. And,
  • The Northeast Fisheries Science Center (NEFSC) conducted a dredge survey on Georges Bank and a HabCam v4 survey of the Mid-Atlantic and Georges Bank.

Read the full release at the New England Fishery Management Council

Fish council to NOAA: Punish Rafael’s sector

October 2, 2017 — The New England Fishery Management Council wrapped up its three days of meetings in Gloucester last week, but not without sending a message to NOAA Fisheries that it’s time to consider possible enforcement actions against the New Bedford fishing sector that allowed Carlos Rafael to operate illegally over a four-year period.

The council voted 13-1, with two abstentions, on Wednesday to request NOAA’s Greater Atlantic Regional Fisheries Office immediately enforce sector regulations governing Northeast Fishing Sector IX’s operation plan. The sector, according to members supporting the motion, failed in its responsibility to ensure Rafael and other members played by the catch-share rules.

The question is how to get the sector to compensate the fishery for the more than 780,000 pounds of illegally landed or labeled fish that went misreported or unreported by Rafael. One suggestion was the sector be forced to buy additional quota commensurate with the overages, assuming enough quota exists for the species in question.

Read the full column at the Gloucester Times

MASSACHUSETTS: SMAST opening draws interest nationally

October 2, 2017 — NEW BEDFORD, Mass. — The official opening of the second SMAST facility created ripple effects beyond its location on South Rodney French Boulevard.

Construction crews erected SMAST East at a cost of $55 million. The names on the guest list, which packed into the first floor of the 64,000 square foot building Friday, displayed its incalculable value to the SouthCoast.

From the political arena, Cong. Bill Keating, Sen. Mark Montigny, Rep. Antonio Cabral and Mayor Jon Mitchell addressed the crowd at the ribbon cutting ceremony. NOAA Fisheries Greater Atlantic Regional Administrator and former New Bedford Mayor John Bullard and former dean of SMAST Brian Rothschild sat in attendance. Eastern Fisheries President Roy Enoksen and Executive Director of New Bedford Seafood Consulting Jim Kendall each listened to the 90-minute presentation that ended with a ribbon cutting.

“Today, you see evidence of UMass Dartmouth developing as a hub for the blue economy for all of New England,” UMass Dartmouth Chancellor Robert Johnson said.

The reach of the new research building extends beyond the northeast as well, particularly in Washington D.C.

“I happen to work with some people that may not be warming up to the idea of climate change is something that might occur,” Keating said. “So when I come here, I can bring some of that science back and try to work with some of my colleagues.”

Mitchell echoed those sentiments. The mayor spent Wednesday in the nation’s capital speaking to Congress on the reauthorization of the Magnuson Stevens Act, which is the primary legislation that governs fisheries.

“What you do here in creating the basis of regulation matters a whole lot. It’s indeed indispensable. The industry couldn’t function well. It couldn’t flourish as it is, especially on the scallop side these days, if it didn’t have the science to back up our assertions,” Mitchell said.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: ‘A new era’: UMass Dartmouth SMAST building to open

September 29, 2017 — NEW BEDFORD, Mass. — UMass Dartmouth’s new marine science building is finished, its laboratories gleaming with the promise of new research.

The $55 million School for Marine Science and Technology building, dubbed SMAST East, officially opens today in the South End of New Bedford. At 64,000 square feet, it nearly triples the physical size of SMAST, a graduate school and research center focusing on fisheries, coastal preservation, ocean modeling, and climate change.

The new building reunites the school’s programs in a campus-like setting. For several years, some have been housed in the AT&T building in Fairhaven for lack of space.

“Just to be back together was great,” said Steve Cadrin, a professor and chairman of the Department of Fisheries Oceanography. But more importantly, it’s a world-class facility, he said.

The building also helps cement the school’s relationship with the state Division of Marine Fisheries. The agency leased the third floor for its New Bedford office, and it will have a first-floor office for permitting.

The Division of Marine Fisheries works hand-in-hand with SMAST on research and sometimes hires its Ph.D. graduates. Recent hires have represented the agency on New England Fisheries Management Council committees, helped the state understand fish surveys, and studied algae blooms.

The agency’s director, David Pierce, is an adjunct professor.

“We are now in a far better position to collaborate,” he said.

Read the full story at the New Bedford Standard-Times

Federal lawsuit alleges Fall River fish plant, staffing firm, allowed sexual harassment

September 29, 2017 — A Fall River seafood processing plant and its staffing firm have been accused of allowing the sexual harassment of non-English speaking female employees in a federal lawsuit filed Wednesday by the US Equal Employment Opportunity Commission.

Atlantic Capes Fisheries Inc. and BJ’s Service Co. Inc. violated federal law “by maintaining and failing to remedy a hostile work environment where female workers were subject to ongoing sexual harassment,” the commission said in a press release issued Wednesday night.

BJ’s Services Co. hired and transported workers to the Fall River facility.

In a statement issued Thursday, Atlantic Capes Fisheries accused the commission of attempting to try the case “in the court of public opinion” by releasing a statement to the media before the company was notified of the lawsuit.

Atlantic Capes denies the claims, the statement said.

After reviewing the allegations in December 2015, the company “actively investigated all sexual harassment claims as soon as they were raised,” the statement said.

“ACF is, and always has been, an equal opportunity employer, and is committed to the cultivation and maintenance of a positive workplace environment,” the company said.

Read the full story at the Boston Globe

Rep Young’s Magnuson Bill to Move Ahead with Input from Calif. Rep Huffman; Aim is No Poison Pills

September 28, 2017 — SEAFOOD NEWS — Alaska’s Representative Don Young closed Tuesday’s hearing on four fisheries bills, by remarking to the panel, “We are going to use the vehicle of [HR] 200. I’m going to work with Mr. Huffman and see if we can’t come to some conclusion.

“The basic skeleton of the Magnuson Act … we’re going to keep the skeleton whole. Get those comments and suggestions to us, because we’re going to try to get something moving by October or November this year,” Young said.

Rep. Jared Huffman (D-CA) introduced a discussion draft called “Strengthening Fishing Communities through Improving Science, Increasing Flexibility, and Modernizing Fisheries Management Act.” The discussion paper includes sections on Council transparency, flexibility in rebuilding fish stocks, Saltonstall-Kennedy Act reform, red snapper cooperative research and others.

Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Two other bills were discussed and commented on at the hearing by invited witnesses. HR 3588  and HR 2023 are focused on modernizing recreational fisheries and managing red snapper in regional ways, respectively.

The hearing was before the Water, Power, and Industry Subcommittee of the larger House Committee on Natural Resources.

Witnesses included Chris Oliver, Director of NOAA Fisheries; Mayor Johnathan Mitchell of New Bedford; Mike Merrifield, Southeastern Fisheries Association; Susan Boggs, co-owner of a charter operation out of Alabama, and others.

Chairman Doug Lamborn opened the hearing saying “Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. …whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore side support, a boat manufacturer or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small business. It’s my hope today that we will create a strong, bi-partisan MSA that supports jobs and our fishermen, and that supports the science data and process used in federal fisheries management.”

Jonathan Mitchell, Mayor of New Bedford, pushed back on the concept of “flexibility.”

“The term “flexibility” should not be understood as a euphemism for deregulation,” Mitchell said. “The councils are in the business of finely calibrating decisions in light of relevant environmental and economic data, and their own experience and expertise.

“In the discharge of their duties, they tend not to win friends either in the fishing industry or in the conservation community, and given the goals of Magnuson-Stevens, that’s probably the way it should be,” Mitchell said.

Susan Boggs, co-owner in a charter boating operation in Alabama, supported the current MSA.

“I am here today to tell you that MSA is working. This law was written to bring fisheries back from collapse, to ensure long-term sustainability for future generations, and to provide a conduit for stakeholders to be a part of the management process.

“There are several species of fish that are critical to the charter/for-hire sector in the Gulf of Mexico, but perhaps none more than red snapper. Since 2007, when annual catch limits became a requirement, the recreational sector’s quota for red snapper has tripled. MSA has worked for us.

“A suggestion that I would offer to this committee that would have a meaningful impact on the management of this fishery would be a Federal Red Snapper angler license,” she said.

“No one can tell you how many anglers target Red Snapper in the Gulf of Mexico. This license does not have to be cost prohibitive. Even a $10 fee would provide better data on the number of anglers targeting this species and could generate millions of dollars that could be used for cost recovery, stock assessments and better landings data which should include more real-time reporting using current technology from private anglers.”

Chris Oliver listed challenges to NOAA, nationwide and how MSA can tackle them.  “We face formidable challenges managing recovering stocks to benefit both commercial and recreational user groups with fundamentally different goals and objectives, and who are experiencing increased fish interactions due to the strong management measures that have improved historically overfished populations.

“Together with our partners, it is essential that we continue to explore innovative, science-based management approaches and regional management tools. We must remain dedicated to exploring ways to maximize economic opportunities from wild-caught fisheries for commercial and recreational fishermen, processors, and communities. We are committed to working with Congress on the bills put forth by this subcommittee, to ensure that annual catch limits, accountability measures, stock rebuilding, and other aspects of our management construct are working, while protecting the overall, long-term conservation and sustainability of the nation’s fishery resources.”

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

Fishermen to New England Council: Trust in data needed

September 28, 2017 — One by one, the Gloucester fishermen settled in front of the microphone for those with something to say to the New England Fishery Management Council and, one by one, they delivered their thoughts.

Some of the remarks, such as those from Tom Orrell of Yankee Fleet and Paul Vitale, captain of the Angela & Rose, were short and to the point. Orell wanted to know why the for-hire boats faced so many restrictions in the Gulf of Maine and Vitale simply wants more fish quota. Now.

Joe Orlando of the Santo Pio talked science and cod, while longtime fishermen Al Cottone and Rick Beal adopted more philosophical tones, speaking to the council on the need for a two-lane channel of trust and truth.

“There is a unique opportunity here to bridge the gap,” Cottone, captain of the Sabrina Maria and executive director of the city’s Fisheries Commission, told the council. “You need to restore faith within the industry that you’re actually seeing what we see (on the water).”

It was a rare home game for the Gloucestermen, the first time in more than a decade that the council had pitched camp in America’s oldest seaport for a full meeting.

Read the full story at the Gloucester Times

Skates: New England Council Approves 2018-2019 Fishery Specifications and Proportional Barndoor Skate Possession Limit for Wing Fishery

September 28, 2017 — The following was released by the New England Fishery Management Council:

With one exception, the New England Fishery Management Council has approved Framework Adjustment 5 to the Northeast Skate Complex Fishery Management Plan (FMP). The framework contains specifications for the 2018 and 2019 fishing years, including total allowable landings (TALs) for both the skate wing and skate bait fisheries, as well as measures to allow the landing of barndoor skates.

Once approved and implemented by the National Marine Fisheries Service, the framework will allow the landing of barndoor skates in the wing fishery. Barndoor skate landings will be capped at 25% of the total wing possession limit allowed per season.

The Council adopted a 31,327 metric ton (mt) acceptable biological catch (ABC) for the skate complex based on advice from its Scientific and Statistical Committee (SSC). Under the skate plan, which covers seven species of skates, the annual catch limit (ACL) is equal to the ABC. Deductions from the ACL are made to account for: (1) management uncertainty; (2) projected dead discards; and (3) projected state landings, all to achieve the TAL for the overall federal fishery.

NAFO EXEMPTION

On September 27 during its meeting in Gloucester, MA, the Council voted to add measures into the framework to consider exempting vessels that fish exclusively within the NAFO Regulatory Area on a given trip from Skate FMP regulations that pertain to permit, mesh size, effort control, and possession limit restrictions, similar to exemptions that already exist within this area for Northeast multispecies and monkfish. NAFO is the Northwest Atlantic Fisheries Organization.

The Skate Plan Development Team (PDT) now will develop a range of alternatives for this NAFO area exemption. The Council discussed an expedited process for selecting its preferred alternative with the goal of having Framework 5 implemented as close to May 1, 2018 as possible. This date marks the start of the new fishing year for skates.

Read the full release at the New England Fishery Management Council

Constitutionality of seizing Carlos Rafael’s permits in question

September 27, 2017 — BOSTON –Judge William Young decided half of Carlos Rafael’s fate on Monday: The New Bedford fishing mogul was sentenced to 46-months in prison with three years supervised release and a $200,000 fine.

The other half, which Young continues to take under advisement, involves the 65-year-old’s 13 groundfish vessels and permits.

In court Monday, Young repeatedly questioned the constitutionality of the forfeiture, citing the excessive fines clause in the Eighth Amendment.

Young said courts with higher authority have heard and decided that fines exceeding four-times the maximum guideline are unconstitutional.

Regardless of how many permits Young orders to be forfeited, he made it clear he has no authority to decide what’s done with them.

NOAA’s guidelines call for the permits to be redistributed throughout the Northeast, which is why for months organizations and politicians have publicly called for redistribution or a deal that would remove Rafael from the industry. Many arguments focused on all 13, without consideration of a partial forfeiture.

Argument against redistribution

Allyson Jordan actually contributed to a portion of Rafael’s groundfish permits.

She sold two boats and four groundfish permits. Jordan said Maine’s fishermen had no interest in the permits until Rafael entered the picture.

“He bought permits and boats to make his business survive,” Jordan said. “I don’t believe they should be given back to the state of Maine. The state of Maine did nothing to help my industry, not to mention my business.”

“Everyone is coming out of the woodworks now,” Jordan said. “To be honest, they could have bought the permits.”

Support of redistribution

The Cape Cod Commercial Fishermen’s Alliance, which also manages the Cape Cod Fishermen’s Trust, also contributed to Rafael’s enterprise, but argued for redistribution of the permits as well as better monitoring.

According to Seth Rolbein, the director of the Cape Cod Fisheries Trust, Rafael acquired more nearly a million pounds of quota from the Trust.

From 2011 through 2015, the Trust leased 992,646 pounds of quota. The Trust has no records from 2010 and didn’t lease any to Sector IX after the U.S. Attorney released the indictment, tying Rafael to falsely labeling fish quotas.

“Our priority is to service our fishermen and our community,” Rolbein said. “If there are fish stock that our community is not using that we can not lease out at our subsidized rate to our own fishermen, we then will lease out to other sectors. The trust will lease fish to other sectors. But we will only do that once we’re satisfied that our own fishermen can’t use or don’t have use for that quota.”

What’s next?

The defense revealed Monday that Richard and Ray Canastra, of Whaling City Seafood Display Auction, have entered a Memorandum of Agreement to purchase Rafael’s entire fleet. Neither the U.S. Attorney nor NOAA have taken a final position on the sale.

Read the full story at the New Bedford Standard-Times