Saving Seafood

New Bedford Mayor, Others In New England Weigh in on Rafael Permits

June 26, 2017 — The following is an excerpt from a story published June 24, 2017 by the New Bedford Standard-Times. As previously noted by Saving Seafood, New Bedford Mayor Jon Mitchell has written to officials at NOAA, citing legal precedent, asking that Carlos Rafael’s fishing permits be allowed to remain in New Bedford to protect the innocent parties who were not involved in criminal activity. The Mayor also notes that selling the permits, as well as the rest of Mr. Rafael’s fishing interests, whole to a New Bedford-based entity is likely the only way to have Mr. Rafael completely divested from the fishing industry, as his scallop business is not implicated in any crimes.

Mayor Jon Mitchell was the most recent party to lobby for the permits proposing that they remain in New Bedford in a four-page letter to Samuel Rauch, Assistant Administrator for Fisheries for NOAA. But his letter also shed the most light on the situation, including references to Rafael selling his entire fleet of ships and that the government appears to not have sufficient evidence to seize any scallop permits.

“All the decisions concerning Carlos’ sanctions are being discussed right now. They’re being discussed by the U.S. Attorney’s office and NOAA and Rafael’s attorney,” Mitchell said. “They’ve all heard from me over the last several months, more than once. I wanted to put my thoughts in writing on the record so it’s clear to everybody where New Bedford stood.”

In his letter, Mitchell focuses on the 13 permits’ influence on third parties. He pointed out that Rafael’s business, Carlos Seafood Inc., directly employs 285 fishermen and indirectly “supports a sprawling supply chain in the port that includes gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumper, ice houses, truckers and many others.”

According to the mayor, Rafael’s fleet accounts for 70 percent of the fuel supplied to fishing vessels by Bay Fuels, 30 percent of the fishing gear manufactured by Reidar’s Trawling and 75 percent of the groundfish landed at Whaling City Display Auction.

“My concern is that if the government doesn’t exercise its discretion in a way that reasonably considers the interest of innocent third parties,” Mitchell said. “I believe there would be considerable harm to those folks.”

The concern extends to the New Bedford economy, which already heavily relies on scallops. Mitchell said that Rafael owns about 75 percent of the groundfish permits. Groundfish accounts for 10 percent of the port’s revenue.

“When industries in a place are less diversified, they’re more prone to economic shocks,” Mitchell said. “If we become almost exclusively reliant on scallop landings, we’re prone to all the risks that prevent themselves to that industry.

The one commonality among most of the written notes is the desire for Rafael to never fish again.

Mitchell is the only one who developed a scenario to make that a reality.

Rafael’s most valuable permits lie within his scallop vessels. There’s no evidence that the government can seize any permits other than the 13 listed in the original indictment.

“If, as it appears, the government does not have sufficient evidence or legal authority to pursue the forfeiture of all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits…to profit from scallop landings — even from his cell in jail,” Mitchel wrote.

Read the full story at the New Bedford Standard-Times

Cape Cod Warned of Shark Boom

June 26, 2017 — A great white shark population boom is underway off Cape Cod, with as many as 150 expected in local waters this summer — and first responders are training to keep an eye out for the massive predators and deal with their traumatic bites.

“They have multiplied in numbers exponentially since I became chief,” said Orleans fire Chief Anthony Pike, who has led Orleans Fire and Rescue for the past three years. “Great white sharks comprise about 30 percent of my daily work right now, and I never, ever thought that would be a thing.”

Massachusetts Marine Fisheries scientist Gregory Skomal and others began studying the regional population of white sharks in 2014, when they counted 68 great whites. Last summer, that number was 147.

Skomal says 40 percent of the 141 sharks his research team tracked in 2015 returned to Cape waters in 2016. According to the Atlantic Shark Conservancy, there have already been eight confirmed great white sightings this month. Great whites typically patrol to the cool ocean waters off Chatham and other Cape towns between July and October, and Skomal — who has been with Marine Fisheries for 30 years — said the number of shark sightings has jumped over the past decade.

“For my first 20 years we never talked about sharks,” Skomal said.

Great whites travel to the Cape to prey on the area’s large population of gray seals. The last fatal shark attack in Massachusetts was in 1937, and if one of the animals does bite a human, Skomal said it’s most likely a case of “mistaken identity.”

“You know, biting the person thinking that it might be a normal prey item like a seal. Typically, the shark won’t eat the person,” Skomal said. “As a result, though, white sharks have very big jaws and sharp teeth, and cause traumatic injuries, and those kinds of traumatic injuries could lead to fatality.”

Read the full story at the Boston Herald

MASSACHUSETTS: As fleet shrinks, so has blessing ceremony

June 25, 2017 — A fleet of pleasure boats blessed on a sunny Sunday afternoon replaced the fishing vessels that once lined Gloucester’s Outer Harbor during St. Peter’s Fiesta.

“The fleet is a mere shadow of what it was 50, 60 years ago,” Gloucester native Mike Gilardi said. 

The Rev. Jim Achadinha, the pastor of the Catholic community of Gloucester and Rockport, and Bishop Mark O’Connell, the bishop of the North Region of the Archdiocese of Boston, blessed the fleets on Sunday at 3. 

The few remaining authentic fishing vessels of the Gloucester fleet didn’t come to Stacy Boulevard for the blessing and haven’t for years. Achadinha estimated the last time was 15 years ago.

Instead, after the prayer service at the Fisherman’s Monument, the priest and the bishop headed out by boat to the Inner Harbor to bless the fishing boats at their docks.

Gilardi grew up on the Fort, raised in a fishing family surrounded by a tightly knit Sicilian community, and has seen firsthand the drastic changes in both the industry and the Fiesta celebrations.

He pointed to the boats in the Outer Harbor, both those waiting to be blessed and those jockeying for choice spots to view the Greasy Pole contest. 

“It’s a whole different ball game,” Gilardi said. “There were no boats along the Greasy Pole (contest) in those days. No partying. Just fishing boats.”

Read the full story at the Gloucester Times

MASSACHUSETTS: Authorities’ visit to fish house remains a mystery

June 23, 2017 — Business appeared to be carrying on as usual Friday at Lou-Joe’s Fresh Seafood, a day after agents from the Internal Revenue Service and two other government agencies visited the small fish processing plant.

Workers were cutting fish on Friday inside the 3,800-square-foot plant at 24 Washburn St., New Bedford, near where Interstate 195 crosses the Acushnet River. Fish trucks were coming and going from the loading docks.

An employee in the office said he was not the owner and declined to comment on the situation.

On Thursday, about a dozen officials from the IRS, Massachusetts Environmental Police, and National Oceanic and Atmospheric Administration visited the plant. An IRS spokeswoman told The Standard-Times the IRS employees were on official business, but she would not say anything further.

A corporate document filed with Massachusetts Secretary of State William Galvin’s office shows two people listed as officers of a now-dissolved corporation by the name Lou-Joe’s Fresh Seafood, Inc.: Luis Martins as president and treasurer, and Mary Martins as secretary. Both are listed at the same address: 17 Bertrand’s Way, Acushnet.

The business summary on the secretary of state’s website shows an involuntary dissolution of the corporation in 1998.

Laurie Flynn, director of corporations for Galvin, said the corporation was dissolved for failing to file the required annual reports after 1990. But operating without corporation status is not illegal as long as the business does not use “Inc.” in the name, she said. Lou-Joe’s could be operating as a sole proprietorship or partnership, for example, she said.

Neither Luis Martins nor Mary Martins could be reached at the business or at the house on Bertrand’s Way in Acushnet.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Fish council clams up about Carlos Rafael sector

June 22, 2017 — The New England Fishery Management Council on Tuesday opted not to adopt a position on whether restrictions should be enacted against Northeast Fishery Sector IX because of widespread misreporting by Carlos Rafael’s vessels.

The council, meeting for three days in Portland, Maine, refrained from pursuing formal comments, preferring to defer discussion on possible measures against the New Bedford-based groundfish sector until after Rafael is sentenced on July 28. The 65-year-old fishing mogul, known as the Codfather,  pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion.

“Many people think it is more appropriate to wait for the sentencing hearing to take place and the criminal case to be fully settled first,” said Janice Plante, council spokeswoman.

The council spent nearly all of Tuesday deliberating other groundfish issues, including the selection of varied monitoring alternatives for the Groundfish Monitoring Amendment 23 aimed at “improving the reliability and accountability of catch reporting.”

The council voted to include electronic monitoring alternatives, a dockside monitoring program option, alternatives to determine the total monitoring coverage rate, proposals to improve sector reporting and an option to publicize the coverage rate at a time that assists the sectors in their business planning.

The council specifically identified aspects of electronic monitoring requiring more analysis and development, including electronic monitoring “as an approved alternative to at-sea monitors to directly estimate discards.”

Read the full story at the Gloucester Times

MASSACHUSETTS: Mitchell sends NOAA letter requesting Rafael permits stay in New Bedford

June 21, 2017 — Mayor Jon Mitchell penned a letter to NOAA regarding Carlos Rafael’s permits, a day after Maine’s congressional delegation signed a letter regarding the permits.

In an argument consisting of four pages, Mitchell provided legal precedent for the Department of Justice and NOAA to punish Rafael, while also keeping the 13 fishing permits in question in New Bedford. He likens Rafael’s case to those cases involving wrongdoing by the head of a large business. He states, “It is common for the government to tailor punishment so as to avoid harm to others who were not involved.”

Rafael’s business employ 285 fishermen.

Mitchell suggested Rafael sell his entire business to other New Bedford companies, forfeiting the proceeds to the government. It would entirely exclude Rafael from fishing despite possessing more permits than the 13 in question.

“If the Service affords him a reasonable opportunity to fully divest himself in such fashion,” Mitchel wrote. “The government can accomplish its enforcement goals and avoid harm to employees and other businesses.”

On Monday, U.S. Senators Angus King and Susan Collins, along with members of Congress Chellie Pingree and Bruce Poliquin, drafted a letter to U.S. Secretary Wilbur Ross stating the permits should be redistributed among “all eligible permit holders in the fleet.” The Congressional delegation cited the Magnuson-Stevens Act to justify its belief.

Politicians and organizations have jockeyed for leverage regarding the final destination of the permits almost immediately after Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion at the end of March.

Read the full story at the New Bedford Standard-Times

New Bedford Mayor Calls on NOAA to Protect Innocent Parties in Rafael Case

June 21, 2017 (Saving Seafood) – The mayor of New Bedford, Massachusetts is calling on NOAA to protect the innocent, preserve waterfront jobs, and avoid economic harm as the Carlos Rafael case nears the end of its sentencing phase. Citing long-standing Department of Justice rules, Mayor Jon Mitchell urges the federal government, in a letter to then-Acting NOAA Assistant Administrator for Fisheries Sam Rauch, to resolve the case in a way that minimizes harm.

The mayor noted that Department of Justice policy “directs federal prosecutors to take into account the effect their decisions may have on innocent third parties.” He cites the Principles of Federal Prosecution (Section 9-28.1100), which “speak directly to the possible need for restraint in cases of corporate misfeasance, where punishment that results in the demise of the business itself would cause harm to employees, shareholders, suppliers and other constituents of the business.”

Mr. Rafael, owner of one of the largest groundfish businesses in New England, pled guilty in March to fish mislabeling, falsifying federal records, conspiracy, and other charges. The sentence is expected to be handed down in July.

Mayor Mitchell acknowledges that Mr. Rafael’s sentence should result in the forfeiture of his groundfish permits and “be sufficient to deter others from engaging in similar misconduct.” But the mayor also warns that it should be handled in a way that is least disruptive to the hundreds on the New Bedford waterfront who depend on the businesses that are based around those permits.

“Although I believe that Rafael should not be allowed to profit from permits he has abused, numerous others in Greater New Bedford, who played no part in his fraudulent scheme, also depend on the landings associated with those permits for their livelihoods,” the mayor writes. “The decisions concerning the forfeiture or revocation of Rafael’s permits should take their interests into account.”

The mayor, who as a former Assistant U.S. Attorney worked with NOAA law enforcement on several successful prosecutions prior to serving as mayor, contends that there is existing precedent for such a decision, pointing to past sentencing practices.

By allowing Mr. Rafael to transfer his permits to willing buyers in New Bedford, and transferring the profits of the sale of those permits to the government, the mayor argues that the federal government can achieve its main goals—“a clear general deterrence message and the removal of Rafael from the business of fishing”—without causing harm to workers in New Bedford.

The mayor also notes that this option may be the only way for the government to compel Mr. Rafael to leave the fishing industry entirely.

“If, as it appears, the government does not have sufficient evidence or the legal authority to pursue the forfeiture all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits, largely to fish for scallops,” the mayor writes. “This scenario would result in harm to the businesses that rely on his groundfish landings, while Rafael could continue to profit from scallop landings—— even from his jail cell.”

According to the mayor, those in New Bedford who would be affected by any permit forfeiture include 285 fishermen who are directly employed by Mr. Rafael, as well as hundreds more directly employed in supporting businesses. Many businesses on the waterfront—“gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumpers, ice houses, truckers”—depend on Mr. Rafael’s permits for a significant portion of their revenue.

“Approximately seventy percent of the fuel supplied to fishing vessels by Bay Fuels, a fueling company based on the New Bedford waterfront, is sold to Mr. Rafael; thirty percent of the fishing gear manufactured by New Bedford-based Reidar’s Trawling is sold to Mr. Rafael; and seventy five percent of the groundfish landed at the Whaling City Display Auction is landed by Rafael’s boats,” the mayor writes.

The Port of New Bedford as a whole also relies on Mr. Rafael’s businesses for diversity in its landings. If Mr. Rafael’s permits were dispersed, the Port would be forced to rely almost solely on revenues from one species, Atlantic scallops, making it more vulnerable to potential downturns.

Read the full letter here

 

Review of Northeast marine monument underway as Interior Secretary Ryan Zinke visits Boston

June 20, 2017 — Secretary of the Interior Ryan Zinke completed a trip to the U.S. Northeast as part of a review of recently created U.S. national monuments, including the controversial Northeast Canyons and Seamounts Marine National Monument.

Zinke is in the process of reviewing all national monuments designated in the past 21 years as part of an executive order signed by President Donald Trump in April.

“Right now, I’m in the information collection stage, so everything is on the table,” Zinke told the Boston Globe during his visit.

On Friday, 16 June, Zinke met with representatives of the commercial fishing industry affected by former president Barack Obama’s designation of the 4,000-square-mile marine monument located more than 100 miles off the coast of Cape Cod, in September 2016. The designation immediately outlawed most commercial fishing in the monument, with the exception of lobster and crab fishing, which will be phased out over the next six years.

Meghan Lapp of Seafreeze, Ltd., which previously fished for squid, mackerel, and butterfish in the area where the monument now exists, told Zinke her company had already lost hundreds of thousands of dollars, according to the Globe. She, as well as Beth Casoni, the executive director of the Massachusetts Lobstermen’s Association, and others present at the meeting, said there was a lack of communication by the federal government in making the designation that had hurt their businesses.

“No one person should have the authority to sign Americans out of work,” Casoni said, according to the Globe.

The fishermen present were hoping to persuade Zinke to shrink or eliminate the monument, and Zink appeared sympathetic, the newspaper reported.

“When your area of access continues to be reduced and reduced … it just makes us noncompetitive,” Zinke said. “The president’s priority is jobs, and we need to make it clear that we have a long-term approach to make sure that fishing fleets are healthy.”

Read the full story at Seafood Source

MASSACHUSETTS: Martha’s Vineyard ‘Permit Bank’ Looks To Buoy Small Fishermen

June 21, 2017 — Out on the docks of Menemsha on Martha’s Vineyard, Wes Brighton rigged up lobster pots he planned to set the next day.

In an ideal world, he’d also be fishing for other species — like scallops and groundfish — but he can’t afford the expensive government-issued permits that would grant him the fishing rights.

“They’ve turned a public resource into a commodity, and they haven’t limited the people who can own that commodity to commercial fisherman,” Brighton said. “And so a fisherman who wants to go catch scallop quota inside of a small community, like we have here on Martha’s Vineyard, can’t access that … without coming up with a ton of money. “

The fishing boats and docks of Menemsha present a postcard view of Martha’s Vineyard. But through Brighton’s eyes, there’s more to the picture.

“Every time you look somewhere you are losing dock space on our own town dock, which has always been allocated to commercial fishing,” he said. “And just recently we lost a big chunk to a charter boat. It’s up to us to keep this fight because if we lose our tradition, we lose our heritage, and that’s something we just can’t let [happen].”

Read the full story at WBUR

MASSACHUSETTS: New Bedford Fishing Heritage Center marks first anniversary

June 20, 2017 — The New Bedford Fishing Heritage Center will celebrate its first anniversary on June 24 and 25 with a model boat show, walking tours, performances of maritime music and storytelling, and anniversary cake.

“Big Boats, Little Boats” will take place from 10 a.m. to 3 p.m. at the center and on Pier 3 in New Bedford on Saturday, June 24. This free event features a model boat show, walking tours of the working waterfront, a fishing vessel tour, mini-tugs dockside at Pier 3 and center exhibits. In addition, Whaling City Expeditions will offer harbor tours at a reduced rate with coupon.

That evening, The Souls of the Sea Trio will perform from 7 to 9 p.m. The benefit concert takes place under a tent at the center and features Allen Estes, Sal Baglio and Matt Leavenworth. These three nationally acclaimed singers, songwriters and musicians perform musical tributes to the lives and experiences of the fishermen of the North Atlantic and their families. Their original and musically diverse songs are a unique interpretation of life around the working waterfront. A cash bar will be open. Tickets for the concert are $20 and all proceeds benefit the center.

On Sunday, June 25, the public is invited to the anniversary party from 11 a.m. to 2 p.m. The New Bedford Harbor Sea Chantey Chorus kicks off the event at 11. Following welcome remarks by Executive Director Laura Orleans and Board Chair Phil Mello, anniversary cake by Ellen’s Creations and ice cream from the Ox Cart will be served. Storyteller Jackson Gillman will perform at 12:45 p.m. In addition, children can make crafts and the Ox Cart will sell additional food and beverages.

Read the full story at the New Bedford Standard-Times