Saving Seafood

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

Gloucester to host hearing on new shrimp rules

April 3, 2017 — The traveling roadshow for public comment on proposed changes to the Gulf of Maine northern shrimp fishery is set to hit Gloucester the first week of June.

The Atlantic States Marine Fisheries Commission, which regulates the northern shrimp fishery, has scheduled four public hearings on the draft of Amendment 3. The draft includes state-by-state allocations and increased accountability measures, but does not call for limiting the number of shrimpers allowed into the fishery.

The Gloucester public hearing is set for June 5 at 6 p.m. at the state Division of Marine Fisheries’s Annisquam River Station on Emerson Avenue. The deadline for all public comment is June 21.

The AFMSC closed the northern shrimp fishery in December 2013 and it remains shuttered because the stock has been plagued by historic lows in recruitment and spawning stock biomass.

Initially, the commission’s northern shrimp section said it was going to consider a limited access program “to address overcapacity” in the fishery that draws shrimpers from Maine, New Hampshire and Massachusetts. It later changed course.

“Due to the uncertainty about if or when the resource would rebuild and the fishery reopen, the section shifted the focus of draft Amendment 3 to consider measures to improve management of the northern shrimp fishery and resource,” the AFMSC stated.

Read the full story at the Gloucester Times

MASSACHUSETTS: A milestone in the war over the true state of cod

April 3, 2017 — For years, fishermen from Gloucester to New Bedford have accused the federal government of relying on faulty science to assess the health of the region’s cod population, a fundamental flaw that has greatly exaggerated its demise, they say, and led officials to wrongly ban nearly all fishing of the iconic species.

The fishermen’s concerns resonated with Governor Charlie Baker, so last year he commissioned his own survey of the waters off New England, where cod were once so abundant that fishermen would say they could walk across the Atlantic on their backs.

Now, in a milestone in the war over the true state of cod in the Gulf of Maine, Massachusetts scientists have reached the same dismal conclusion that their federal counterparts did: The region’s cod are at a historic low — about 80 percent less than the population from just a decade ago.

“The bottom line is that the outlook of Gulf of Maine cod is not good,” said Micah Dean, a scientist who oversaw the survey for the Massachusetts Division of Marine Fisheries. “What we’ve seen is a warning sign about the future of the fishery, and it’s a stark change from what we saw a decade ago.”

The state’s surveys, conducted on an industry trawler, also found a dearth of juvenile cod and large cod, suggesting that the population could remain in distress for years. The lack of small cod reflects limited reproduction, while the absence of the larger fish is a problem because they’re capable of prolific spawning. 

Dean said he hoped fishermen would find the results credible, given that the survey sought to accommodate their concerns about the federal survey, conducted by the National Oceanic and Atmospheric Administration.

To address their concerns, the state spent more than $500,000 to trawl for cod in 10 times as many locations. Rather than sampling the waters twice a year, as NOAA does, the state cast its nets every month from last April to January, and kept them in the water about 50 percent longer. They also searched for the fish in deeper waters, where fishermen have said they tend to congregate.

“It was an exhaustive survey meant to provide an answer to the questions that the fishermen were posing,” Dean said. “But the fish weren’t there.”

Some longtime cod fishermen remain unconvinced. They say the historic fishery has been fully rebuilt, although the federal and state surveys estimate it is only about 6 percent of the level needed to sustain a healthy population.

Vito Giacalone, policy director of the Northeast Seafood Coalition in Gloucester, which represents many of the region’s commercial fishermen, maintained that the state surveys had some of the same flaws as the federal surveys. Rather than conducting random sampling throughout the Gulf of Maine, the researchers should have trawled for cod in areas where fishermen are finding them, he and other critics said.

Read the full story at the Boston Globe

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

Where does Rafael’s guilty plea leave Port of New Bedford?

April 3, 2017 — Carlos Rafael’s journey to Judge William Young’s Courtroom 18 in U.S. District Court began as an underage teenage fish cutter on the city’s docks.

Rafael personified the American Dream in climbing the economic ladder from immigrant with nothing to becoming the face of fishing in a port historically known for its harvest of the Atlantic Ocean.

On Thursday he wore the cloak of a criminal after he pleaded guilty to nearly 30 federal charges that included conspiracy, falsifying fishing quotas, false labeling and tax evasion.

It wasn’t necessarily a new look for the 65-year-old Rafael, who served six months in federal prison in 1988, but his focus after the plea agreement turned to the port that in many ways assembled the man who sat emotionless in the courtroom.

“I have a single goal,” Rafael said in a statement after his guilty plea. “To protect our employees and all of the people and businesses who rely on our companies from the consequences of my actions. I will do everything I can to make sure that the Port of New Bedford remains America’s leading fishing port.”

The Port of New Bedford generates $9.8 billion in total economic value, according to the city’s Harbor Development Commission. It represents 2 percent of Massachusetts’ gross domestic product. The stalwart of this industry could be facing more than six years of prison time after pleading guilty.

Rafael’s guilty plea puts his groundfish fishing vessels in jeopardy due to the possibility of forfeiting assets as part of the plea deal. According to the mayor’s office, Rafael owns about 80 percent of the groundfish permits in New Bedford. Groundfish accounts for about 10 percent of the port’s revenue. Even still, those close to the port say no one person can affect the reputation of the nation’s most successful port.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Gloucester to host hearing on new shrimp rules

March 31, 2017 — The traveling roadshow for public comment on proposed changes to the Gulf of Maine northern shrimp fishery is set to hit Gloucester the first week of June.

The Atlantic States Marine Fisheries Commission, which regulates the northern shrimp fishery, has scheduled four public hearings on the draft of Amendment 3. The draft includes state-by-state allocations and increased accountability measures, but does not call for limiting the number of shrimpers allowed into the fishery.

The Gloucester public hearing is set for June 5 at 6 p.m. at the state Division of Marine Fisheries’s Annisquam River Station on Emerson Avenue. The deadline for all public comment is June 21.

The ASMFC closed the northern shrimp fishery in December 2013 and it remains shuttered because the stock has been plagued by historic lows in recruitment and spawning stock biomass.

Initially, the commission’s northern shrimp section said it was going to consider a limited access program “to address overcapacity” in the fishery that draws shrimpers from Maine, New Hampshire and Massachusetts. It later changed course.

“Due to the uncertainty about if or when the resource would rebuild and the fishery reopen, the section shifted the focus of draft Amendment 3 to consider measures to improve management of the northern shrimp fishery and resource,” the AFMSC stated.

Beyond establishing state allocations and new accountability measures, the draft amendment includes gear provisions, including the mandatory use of “size-sorting grate systems designed to minimize harvest of small (presumably male) shrimp.”

Read the full story at The Gloucester 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 

Fishing mogul Carlos Rafael pleads guilty to conspiracy, other charges

March 31, 2017 — The following is an excerpt from a story published yesterday by the New Bedford Standard-Times:

Carlos Rafael walked into Courtroom 18 on the fifth floor three minutes prior to his scheduled 2:30 p.m. plea hearing in front of Judge William G. Young at U.S. District Court on Thursday.

An hour and 15 minutes later he stood and faced the court clerk and uttered “Guilty,” when she informed him the U.S. Attorney has charged him with 28 counts, including falsifying fishing quotas, false labeling, conspiracy and tax evasion.

“Today I pled guilty to the charges facing me,” Rafael said in a statement released by his lawyers. “I am not proud of the things I did that brought me here, but admitting them is the right thing to do, and I am prepared to accept the consequences of my actions.”

A sentencing hearing was set for June 27 at 2 p.m., when the New Bedford fishing tycoon could face as much as 76 months in prison, although Assistant U.S. Attorney Andrew Lelling recommended 46 months.

“Mr. Rafael’s scheme not only compromised delicate fish populations, but also profited on the backs of his hard-working crew,” Acting United States Attorney William D. Weinreb said in a statement.

“Mr. Rafael knew he was breaking the law by falsifying records, evading taxes and smuggling ill-gotten profits to Portugal. Without Mr. Rafael and his scheme, New England fishermen who work hard for honest pay can now enjoy a more level playing field.”

Read the full story at the New Bedford Standard-Times

US fishing magnate dubbed ‘The Codfather’ set to change plea

March 30, 2017 — A leading U.S. fishing magnate known as “The Codfather” is scheduled to plead guilty to federal charges of evading fishing quotas and smuggling money to Portugal.

The U.S. attorney’s office says Carlos Rafael has a change of plea hearing scheduled for Thursday.

Rafael is the owner of one of the nation’s largest commercial fishing operations. It includes a fleet of more than 30 vessels, 44 commercial fishing permits and the Carlos Seafood business in New Bedford.

Federal authorities say Rafael falsely claimed his vessels caught haddock or pollock, when they had actually caught other species subject to stricter quotas. He then sold the fish for cash, some of which was smuggled overseas.

He was indicted on 27 counts last May and is free on $2 million bond.

Read the full story from the Associated Press at Boston.com

MASSACHUSETTS: Fishing Heritage Center presenting an evening of stories and verse from Down East Maine

March 30, 2017 — The public is invited to what organizers promise is sure to be an entertaining evening with Brian Robbins and Bob Quinn.

Bob Quinn grew up lobstering and fishing with his father and uncle, learning seamanship aboard the herring pumper Beryl.

Quinn has been steeped in the lore of coastal Maine since he was a child. His Uncle Bonney wrote nautical poems with a humorous bent and it is his recitations of these poems, along with his colorful commentary, for which he is best known. Quinn eventually moved to Eagle Island and assumed the caretaking of the family homestead. He has recorded two dozen of his uncle’s poems, and spends many evenings regaling neighbors and guests at the farmhouse with Uncle Bonney’s poems and his own salty stories.

Read the full story at the New Bedford Standard-Times