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MASSACHUSETTS: New Bedford among crowd staking claim to Carlos Rafael’s permits

May 1, 2017 — Before Carlos Rafael uttered the word “guilty” last month, the judge made the New Bedford fishing mogul aware of the possibility of forfeiting his assets, which means permits, too.

About two months remain before Rafael’s sentencing date, but cities and states have started to acknowledge that possibility as well.

 “The goal for me is to get ahead of the ball to make partnerships with people that have the same interests, which is keeping the licenses local,” Ward 4 Councilor Dana Rebeiro said.

Rebeiro, along with Council President Joseph Lopes and Ward 5 Councilor Kerry Winterson introduced a written motion Thursday night “requesting that the Committee on Internal Affairs meet with Attorney General Maura Healey and NOAA to discuss how current owners and mariners operating in New Bedford have the first right of refusal to acquire licenses to be auctioned as result of the plea agreement in the case of The United States vs. Carlos Rafael …”

The case cited has yet to be completed despite Rafael’s plea agreement. Sentencing is scheduled for June 27.

On March 30 in U.S. District Court in Boston, Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion.

If Rafael had been convicted of false labeling, he could have been subjected to the forfeiture of all vessels and other equipment used in the offenses, the indictment said, which listed 13 boats.

However, during the Rafael’s plea agreement hearing, his lawyer William Kettlewell said, “We have reserved the right … to challenge the proportionality of the assets” that could potentially be seized.

Kettlewell didn’t return multiple requests for comment on Rafael’s permits.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Did catch shares enable the Codfather’s fishing fraud?

May 1, 2017 — Carlos Rafael’s guilty plea late last month of falsifying fish quotas, conspiracy and tax evasion has prompted renewed criticism of one of the most contentious parts of the New England groundfish fishery’s management system: catch shares.

Rafael, who dubbed himself “The Codfather,” owned one of the largest commercial fishing fleets in the United States, and for some community fishermen in New England, his case represents consolidation run amok. Consolidating fishing permits, they say, also centralizes power, making fraud more likely.

But for environmentalists who support catch shares as a way to reduce overfishing, consolidation isn’t inevitable. They say Rafael’s case highlights the need for better monitoring and fraud protections to prevent the sort of cheating that can plague any fishery management system.

Catch share schemes, in which fishermen are allocated rights to catch a certain amount of fish, operate on the principle that privatizing a resource and giving people a greater stake in its health will lead them to conserve it.

But in New England, catch shares led to fewer fishermen controlling more of the resource, according to Niaz Dorry, the coordinating director of the Northwest Atlantic Marine Alliance, a community fishing group. Catch shares boot out smaller fishermen and block new fishermen from the fishery as a wealthy minority amass quota and drive up the price.

“What they really do is create a system that allows a few entities — who are not necessarily people who actually fish — to control almost the entire system,” Dorry told SeafoodSource.

Read the full story at Seafood Source

MASSACHUSETTS: Building, wharf collapse on Gloucester waterfront

May 1, 2017 — Cape Ann Ice owner Scott Memhard was one relieved man last night as he stood surrounded by fire trucks off Commercial Street and surveyed the wreckage of a wharf — originally reported as his — that had collapsed into the Inner Harbor some 20 minutes earlier.

“It sounded over the scanner like it was ours,” Memhard said, although Cape Ann Ice’s wharf, located two buildings over, is in sound shape.

More reports came in that the collapse was at the old FBI Wharf, which became the North Atlantic Fish wharf, before North Atlantic was bought out by Channel Fish Processing in 2012. There was also confusion about the actual address; fire Capt. Tom Logrande said the storage building was likely 80 Commercial St. but Channel lists its address as No. 88. 

Memhard said the collapsed wharf was leased from the Filetto family for storage by Channel Fish. LoGrande said Channel was aware of the wharf’s condition and had cordoned off it earlier in day, which Memhard confirmed.

“They knew it was at risk and were planning on moving to Braintree because of it,” said Memhard, shaking his head. “Then this afternoon they heard it creaking, and came and roped it off and moved some stuff out.” 

They heard it creaking over at The Pub at Cape Ann Brewery at 11 Roger St., too, where at about 6:30 p.m. a deck full of patrons were drinking in the warm spring air along with the cold local brews.

Read the full story at the Gloucester Times

Trump order could put marine monument back in play

April 28, 2017 — President Donald Trump’s new executive order calling for a review of national monument designations under the Antiquities Act could have implications for a marine monument created by President Barack Obama last year in a sweeping area off Cape Cod.

Obama last September announced the creation of the Northeast Canyons and Seamounts Marine National Monument in a 4,913 square mile area about 150 miles southeast of Cape Cod. At the time, Gov. Charlie Baker said he was “deeply disappointed” by the designation of the first deep-sea marine national monument in the Atlantic Ocean, a move the governor viewed as undermining Massachusetts fishermen.

According to the Interior Department, Trump’s order does not strip any monument designation and also does not “loosen any environmental or conservation regulations on any land or marine areas.” It calls for the review of all declarations made since Jan. 1, 1996 that cover more than 100,000 acres or where the Interior secretary determines that the designation “was made without adequate public outreach and coordination with relevant stakeholders.”

The Northeast Canyons and Seamounts area includes three underwater canyons and four underwater mountains that are habitats for protected species, including sea turtles and endangered whales. Local critics of Obama’s September 2016 marine monument designation said it was made without sufficient public input.

Read the full story at the New Bedford Standard-Times

New management could be coming to East Coast herring fishery

April 27, 2017 — Federal fishing regulators are considering a host of alternatives about new ways to manage the herring fishery.

Atlantic herring is a major industrial fishery on the East Coast, including in Gloucester, with fishermen frequently bringing more than 200 million pounds of the little fish to shore every year.

Herring are used as human food and bait for other fisheries, such as lobsters. The catch of herring off of New England has been inconsistent in recent years, leading to volatility in the lobster bait market.

The New England Fishery Management Council is considering nine alternatives about how to manage the fishery. The options would allow for measures such as area closures and restrictions on types of gear.

Read the full story at the Gloucester Times

Gloucester Times: We all play a role in limiting mercury pollution

April 27, 2017 — Mercury poses a dangerous threat to people and the environment, and northeastern Massachusetts has been tainted by higher-than-normal levels of the heavy metal. Those of us who live here — let alone catch and eat fish here — depend on efforts to contain the toxic element – including by making sure old thermostats, fluorescent bulbs and similar products don’t wind up in landfills.

But with shared interest comes shared responsibility, and none of us should need a financial reward to do the right thing for ourselves, each other or the environment.

That’s the suggestion of some green groups, however, when they criticize Massachusetts’ law on mercury disposal and an industry-organized effort to collect devices that contain the metal.

They point to incentives required by other New England states that force makers of thermostats and light bulbs to offer rewards to consumers and contractors to recycle old mercury products. In Maine, the rebate is $5.

Those programs come at a cost, either for the state and taxpayers or for manufacturers. And they don’t move the needle of recycling, according to industry representatives. It’s hard to imagine such small rebates swaying enough people to make a difference.

A spokesman for the National Electrical Manufacturers Association, in media reports when Massachusetts updated its mercury law two and a half years ago, derisively called the payments a “bounty.”

Read the full opinion piece at the Gloucester Times

Environmentalists vow to fight Trump on Maine monument

April 26, 2017 — President Trump on Wednesday will issue a sweeping executive order to review as many as 40 national monument designations made by his three predecessors, an unprecedented move that could curtail or rescind their protected status.

It was unclear which areas would come under review, but the list could include monuments designated last year by President Barack Obama, including thousands of acres of pristine woods in northern Maine and sensitive marine habitats in the submerged canyons and mountains off Cape Cod.

Environmental groups immediately questioned the president’s legal authority to reverse a previous president’s designation, but the Trump administration has suggested that some of the restrictions on mining, logging, and other commercial and recreational activities have gone too far.

“The review is long overdue,” US Interior Secretary Ryan Zinke said at a White House news conference.

“No one can say definitely one way or another whether a president can undo an earlier president’s designation, because the issue has never been litigated,” said New Bedford Mayor Jon Mitchell, who has opposed Obama’s closing of 5,000 square miles of seabed to fishing by designating the Northeast Canyons and Seamounts Marine National Monument, about 130 miles off Cape Cod.

Mitchell said there is precedent for presidents to change the boundaries and activities within a national monument. President Woodrow Wilson reduced by half the size of the Mount Olympus National Monument in Washington, created by President Theodore Roosevelt.

“Intuitively, one would assume that if the president can establish a monument, the president can undo an earlier establishment,” he said.

Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., said the president wouldn’t have to rescind Obama’s designation to address the concerns of the fishing industry.

“With the stroke of a pen, he could just say there’s no longer a ban on commercial fishing,” he said.

Read the full story at the Boston Globe

2016 fishing review highlights monitors —human and electronic

April 24, 2017 — NOAA’s Greater Atlantic Regional Office released its annual year in review for 2016 and nowhere does it mention the ever-churning debate over Gulf of Maine cod and the yawning divide between scientists’ data and the primary-source observations of fishermen.

For the most part, the report is a four-color chronicle of what officials at Gloucester-based GARFO — which manages the nation’s federal fisheries from the Gulf of Maine south to Cape Hatteras and west to the Great Lakes — consider the agency’s most tangible accomplishments in 2016.

Still, the review gives some insight into some of the agency’s management priorities and policy areas where it may marshal its resources in the future.

It specifically mentions the office’s work in drafting a recovery plan for endangered Atlantic salmon and a five-year action plan for the species. It highlights its work with commercial groundfishermen — many of them from Gloucester — on potential changes to the small-mesh whiting fishery.

The report also highlights the agency’s transfer of the cost of of at-sea monitoring to permit holders.

Read the full story at the Gloucester Times

States to host hearings on changes to squid fishery

 

April 24, 2017 — Maine and Massachusetts will host hearings about potential changes to the East Coast squid fishery.

The Mid-Atlantic Fishery Management Council is hosting the hearings this week. It wants to reduce the number of latent permits for certain kinds of squid.

Longfin squid are fished from Maine to Virginia, with the majority of the catch coming ashore in Rhode Island. Regulators are concerned that the amount of participation in the fishery could become unsustainable if latent permits become active.

 Longfin squid are the kind that are sold as calamari. 

 Maine’s hearing is slated for the Holiday Inn by the Bay in Portland on Tuesday. The Massachusetts hearing will take place at the Massachusetts Division of Marine Fisheries Annisquam River Marine Fisheries Station in Gloucester on Wednesday.

Both are at 5 p.m.

Read the story from the Associated Press at the Boston Herald  

National Fish executive makes deal in fraud case

April 24, 2017 — A senior executive at Gloucester-based National Fish & Seafood pleaded guilty to one count of tax fraud Thursday in U.S. District Court in Boston and is set to be sentenced in July, the Justice Department announced.

Richard J. Pandolfo, 71, of North Andover, was indicted by a federal grand jury last June on four counts of filing false federal tax returns between 2009 and 2012.

The charges were reduced to one count as part of a plea agreement with federal prosecutors. Pandolfo, an executive vice president at the East Gloucester seafood processor, faces up to three years in prison, one year of supervised release, a fine of $100,000 and restitution of $25,879 to the Internal Revenue Service.

Prosecutors charge Pandolfo failed to pay federal tax on about $90,000 of the $95,000 in “substantial supplemental income” he received from former National Fish & Seafood executive and part-owner Jack Ventola from 2008 to 2012.

According to the original indictment, some of the supplemental income went directly to Pandolfo, while other payments went to a shell company established in the name of Pandolfo’s wife, who is not named in the indictment, through another shell company controlled by Ventola.

Read the full story at the Gloucester Times

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