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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

Concerns aired about marine monument

June 21, 2017 — Editor’s Note:

Fishing groups have widely criticized the Obama Administration’s marine monument designation process as opaque, and argued that administration officials did not adequately address concerns raised. Conversely, in this Cape Cod Times article, Priscilla Brooks, Vice President and Director of Ocean Conservation at the Conservation Law Foundation, claimed that the Obama administration adequately took fishermen’s concerns into account before designating the Northeast Canyons and Seamounts Marine National Monument.

Ms. Brooks said this was evidenced by the administration’s decision to reduce the size of the monument by 60 percent from the original proposal.

However, there was never an official Atlantic marine monument proposal from the Obama administration. Fishermen, elected officials, regulators, and concerned shoreside businesses were not apprised of the specifics of the Obama Administration’s monument plan until the final shape of it was shared just days and hours before it was announced.

The environmental community, including the Conservation Law Foundation, provided a proposal to the Administration, which officials referred to at times in meetings, but always with the caveat that the environmentalist proposal was not an official Administration proposal. At no time before the announcement was imminent did the commercial fishing community have any idea of what action the Administration might take.

It is possible that Ms. Brooks was stating that the monument eventually proposed by the Obama Administration was reduced by 60 percent from the plan that CLF and other environmental groups proposed. Commercial fishermen were apprehensive about the relationship between the Administration and the environmental community with due cause, since in 2015 environmental activists attempted to push a monument designation through the Administration in secret before the Our Ocean conference in Chile.

Ms. Brooks also claimed that “there was a robust public process.”

In the lead-up to the 2016 monument designation, there was one public meeting in Rhode Island where fishermen were allowed just 2 minutes to talk.

There were a number of subsequent meetings in fishing ports, and in the White House complex. But those who attended those meeting largely felt their views were being ignored. In fact, many of them participated in the recent meeting with new Secretary of the Interior Ryan Zinke.

In July 2016, Eric Reid, General Manager at Seafreeze, who participated in both regional and White House meetings wrote, “No one in the Obama administration’s Council on Environmental Quality has put forward an actual, concrete proposal of what an Atlantic monument might look like.” He added, “The uncertain and opaque nature of the process that has so far surrounded the potential marine monument has left fishermen with no idea as to what areas and which fisheries will be affected, nor which activities will be prohibited.”

BOSTON — Fishing groups from around New England met with Interior Secretary Ryan Zinke on Friday to air complaints about former President Barack Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument last year.

The monument, the first marine national monument in U.S. Atlantic waters, protects about 4,000 square miles of ocean 150 miles southeast of Cape Cod.

Fishermen say the protected area in which fishing is prohibited hurts their business and places an undue burden on an already heavily regulated industry. But scientists say the area, which is home to hundreds of species of marine life and fragile coral, is an important natural resource that must be protected.

In his proclamation creating the marine monument, Obama prohibited fossil fuel or mineral exploration, all commercial fishing, and other activities that could disturb the sea floor. Scientific research is allowed with a permit. Commercial red crab and lobster fishermen have to phase out their operations within the monument area over the next seven years.

During their meeting with Zinke at Legal Sea Foods on Boston Harbor, fishermen and industry representatives asked the secretary to consider dissolving the monument or changing the regulations within its boundaries and complained about the way it was originally designated.

“As an American, this brought me to tears at my desk,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “No one should have the power to sign people out of work.”

Some commercial fishermen said they felt the former administration did not take their concerns into account before designating the monument.

“Even though we were allowed minimal — and that’s an understatement — input, we received mostly lip service,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, Rhode Island. “Small businesses like me that need stability to grow their business and invest in America are at risk. We can make America and commercial fishing great again.”

But Priscilla Brooks, vice president and director of ocean conservation at the Conservation Law Foundation, said the former administration did take fishermen’s concerns into account. Obama reduced the size of the original proposed monument by 60 percent and allowed lobster and crab fishermen a seven-year grace period to continue fishing there.

“There was a robust public process,” she said.

Read the full story at the Cape Cod Times

Can Offshore Wind Power Revive U.S. Ports?

June 19, 2017 — This salt-caked fishing port has been flush with wind prospectors ever since Massachusetts legislators passed a law for massive wind development in the shallow waters south of Martha’s Vineyard.

Ed Anthes-Washburn, a local port official, estimates he gives five harbor tours a month to wind industry representatives. Planning for the industry’s arrival now occupies much of his time, alongside proposals to redevelop several old industrial sites and a Seattle-style fish pier.

“It started Aug. 8, the day the governor signed the bill,” Anthes-Washburn said, gazing out over the harbor here, where a mass of fishing trawlers, scallopers and clam boats formed a rocking forest of rigging and nets. “It’s been pretty consistent since then.”

States up and down the Atlantic coast are rushing to become the capital of America’s burgeoning offshore wind industry, hoping the massive turbines will breathe new life into ports mired by a shrinking fishing industry and a flagging industrial base.

Maryland officials last month approved renewable energy credits for two developments totaling 368 megawatts off their shores in a bid to transform Baltimore and Ocean City into the industry’s manufacturing and maintenance hub in the Mid-Atlantic (Climatewire, May 12).

Lawmakers in New Jersey are counting down the days until Gov. Chris Christie (R) leaves office early next year, when they plan to restore their own credits for offshore wind developments (Energywire, June 9).

In New York, Gov. Andrew Cuomo (D) wants to bring 2,400 megawatts of wind power online by 2030 (Energywire, Jan. 11).

But few places are betting on offshore wind quite like New Bedford.

Read the full story at the Scientific American

Maine congressional delegation asks forfeited groundfish permits be redistributed through Northeast

June 19, 2017 — Sens. Susan Collins and Angus King and Reps. Chellie Pingree and Bruce Poliquin sent a letter Monday to U.S. Department of Commerce Secretary Wilbur Ross asking that the 13 groundfish permits forfeited by Carlos Rafael — a New Bedford fisherman who has pleaded guilty to 28 federal counts of tax evasion, falsifying fishing quotas and conspiracy — be redistributed to fishermen throughout the Northeast, not only New Bedford.

In their letter, the Maine congressional delegation said that groundfish permits embody a shared resource and, as such, should be returned to groundfish fishermen in “a fair and uniform manner.”

“Mr. Rafael’s grave and extensive disregard for both the law and sustainable fishing practices is a setback to the recovery of the beleaguered Northeast multispecies (groundfish) fishery, and has done, and will continue to do, financial harm to fishermen from Maine to New York,” the delegation wrote.

“These fishermen, who have complied with federal quotas and regulations, were forced to compete with this illegal activity and now must endure its repercussions on future stock assessments,” they wrote. “For these reasons, we believe the National Marine Fisheries Service (NMFS) should cancel each of the groundfish permits that Mr. Rafael currently holds and reallocate the fishing privileges associated with such permits to all eligible permit holders in the fleet.

“We are specifically troubled that the City of New Bedford (where Mr. Rafael’s enterprise is based) is seeking to acquire control of his permits. We believe, instead, that all members of the fleet, including those in New Bedford, who have been disadvantaged by Mr. Rafael’s illegal activity, deserve a share of the rights to access these permits once remanded back to NMFS,” the delegation wrote.

Read the full story at the Bangor Daily News

MASSACHUSETTS: Tarr proposal could buoy local lobster industry

June 20, 2017 — Tuesday is Lobster Day at the State House and lobster industry stakeholders are using the event to urge legislators to support a proposal to expand in-state processing of lobsters and lobster parts.

The proposal, contained in an amendment in the state Senate’s recently passed budget, would allow licensed Bay State wholesalers to process unfrozen raw lobsters, as well as allowing the sale of previously frozen raw in-shell tails and the importation of unfrozen shell-on lobster parts and tails.

“Right now, we depend on Canada for so much of our processing facilities,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association, which supports the proposal. “This would allow us to do that processing here in Massachusetts, helping us to create jobs here and create markets for our lobster products.”

Senate Minority Leader Bruce Tarr, who championed the amendment in the Senate budget, said the bill would modernize the current law and help accelerate local economic activity for lobstermen, processors, restaurants and food stores. Tarr also represents two of the state’s biggest ports for lobsters: Gloucester and Rockport.

The House version of the budget, Tarr said, currently seeks funds for further study.

“We’re trying to convince the House to go beyond a study and include the actual action of expanding the different types of lobster processing allowed in Massachusetts,” Tarr said.

Currently, the sale of live, cooked and canned lobster is legal in Massachusetts, as is the processing and sale of frozen lobster tails. In 2012, the legislature changed the state law to allow the in-state processing of frozen cooked lobster tails — but no raw tails or other lobster parts.

Massachusetts lobstermen and seafood wholesalers have been required to sell or transport lobsters out of state for the majority of processing, leading to higher industry costs and limiting the creation of medium and high-skilled seafood processing jobs, Tarr said.

The initial rationale, he said, for the more restrictive regulations was to prevent poachers from taking short lobsters and mutilating them for the parts.

“The time between 2012 and now has given the Environmental Police the chance to develop enforcement methods to prevent that from happening,” Tarr said.

Read the full story at the Gloucester Times

NOAA Fisheries Announces New Voluntary Speed Restriction Zone South of Nantucket

June 20, 2017 — The following was released by NOAA:

NOAA Fisheries has established a voluntary vessel speed restriction zone south of Nantucket, MA established to protect an aggregation of three right whales sighted in this area on June 15, 2017. 

Mariners, please avoid or transit at 10 knots or less inside the area (map below). 

Nantucket, MA zone coordinates:

41 17 N

40 47 N

070 24 W

069 44 W   

This voluntary speed restriction zone is in effect through June 30. 

Find out more about all the dynamic and seasonal management areas where speed is restricted.

Learn more about how to reduce vessels strikes of whales.

You can also get recent right whale sightings and the latest acoustic detections of right whales in Cape Cod Bay and the Boston shipping lanes. Or, download the Whale Alert app for iPad and iPhone.

Remember that approaching a right whale closer than 500 yards is a violation of federal and state law. Please report all right whale sightings to 866-755-NOAA (6622) 

Questions? Contact Jennifer Goebel at 978-281-9175 or jennifer.goebel@noaa.gov

Sharing memories of their favorite fisherman: Dad

June 18, 2017 — For many on the Cape and beyond, Father’s Day is a time for children to take a break from their busy lives to visit their dad. Father-son fishing duo John and Mark Shakliks will be taking a break from work, but they already see each other daily. In fact, they are each other’s only colleagues.

John is the captain of the charter fishing boat Luau based out Rock Harbor. His son Mark is his only crew member. “It works great,” said John when asked about how they work together. “You couldn’t get a better combo of guys.”

They will celebrate Father’s Day together today, as in the past, marking another year in their family’s three — soon to be four — generations of fishing on the Cape.

John and Mark Shakliks fish primarily for bass and bluefish aboard the Luau. “I almost don’t need to tell (Mark) anything. We’ve been doing it together for so long” said John. “We’re like a well-oiled machine. Me and my father were the same way.”

John Shakliks began fishing with his father, also John, when he was 8. He took a break in 1966 at 19 to join the Navy, and then got his own fishing license in 1969. John taught his son Mark, as well as his other children, how to fish.

“It’s the best working relationship I’ve ever had,” said Mark, who also has worked as a carpenter. “Twenty-seven years and he still teaches me new things.”

Mark says he plans to take his 7-year-old son fishing on the boat soon too. “He’s already caught fish,” Mark said.

Mark will take over the Luau from John, as John did from his father. Mark says he’s looking forward to running the boat himself when John finally retires, but not the end of their working relationship. What’s the most valuable lesson he’ll take from his father? “Patience,” he said. “Some times are harder than others, that’s why we call it fishing.”

Read the full story at the Cape Cod Times

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