Saving Seafood

Fishermen question settlement of convicted Carlos Rafael

August 23, 2019 — The penalties keep coming for New Bedford fishing mogul Carlos Rafael, the self-styled “Codfather” who once dominated groundfishing in the Northeast with one of the largest independently owned fleets in the country.

He is halfway through a 46-month federal prison sentence for violations that included falsely labeling fish, smuggling cash, tax evasion and falsifying federal records. He also was fined more than $300,000 and ordered to sell off two vessels and permits in that criminal case.

This week, Rafael was hit with more than $3 million in fines and a lifetime ban as part of a settlement agreement in a civil case brought against him by the National Oceanic and Atmospheric Administration.

Read the full story at the Cape Cod Times

Troubling questions, concerns raised about off-shore wind farms

August 22, 2019 — Oceanographer Jon Hare listed the effects of offshore wind development on the marine environment.

There’s disturbance to the sea floor during installation of turbine platforms. Noise from pile-driving and other activities. Increases in boat traffic. Lighting of the project site. Dredging for electric cables.

The impacts can be far-reaching.

“Putting a pile into the sediment in essence is habitat alteration,” said Hare, a science and research director with the National Oceanic and Atmospheric Administration’s Northeast Fisheries Science Center. “You’re taking relatively smooth, unconsolidated sediments and converting it to hard structure, converting that habitat into something else.”

Although Hare didn’t name Vineyard Wind during a seminar on Wednesday, or talk about the company’s 84-turbine wind farm proposed in waters south of Martha’s Vineyard, in Massachusetts, the potential impacts he detailed speak to some of the reasons why NOAA has raised concerns about the project, which has led to further scrutiny of the application by the Bureau of Ocean Energy Management.

Read the full story at the Providence Journal

MAYOR MITCHELL DISCUSSES NOAA LEGAL SETTLEMENT WITH CARLOS RAFAEL

August 22, 2019 — Mayor Jon Mitchell is expanding on his comments on the settlement reached this week between the National Oceanic and Atmospheric Administration (NOAA) and the imprisoned “Codfather” Carlos Rafael.

As part of the settlement, Rafael will have to give up all commercial fishing by December 31, 2019, and all scalloping by March 31, 2020. In addition, Rafael is ordered to a $3,010,633 civil monetary penalty and relinquish the seafood dealer permit issued to Carlos Seafood by September 1.

According to NOAA, Rafael I is required to sell his fishing vessels and permits and will be allowed to keep the proceeds. Free to sell his licenses to whomever he pleases, Rafael has indicated that he intends to keep all of them in New Bedford.

Read the full story at WBSM

NOAA Fisheries Seeks Comments on a Control Date for the American Lobster Fishery

August 22, 2019 — The following was released by NOAA Fisheries:

NOAA Fisheries is seeking comments on a control date (a date that may be used to establish eligibility) of April 29, 2019 for the American lobster fishery, as we consider ways to reduce threats of entanglement by fixed-gear fisheries to North Atlantic right whales.

In April 2019, NOAA Fisheries convened the Atlantic Large Whale Take Reduction Team (TRT) to discuss management measures to reduce the risk of serious injury and entanglement of endangered whales in fishing gear. At the meeting, the New England states and the offshore lobster industry committed to reducing the risk of serious injury and mortality from lobster gear to the North Atlantic right whale by 60 percent in all lobster management areas. The specific measures to achieve this goal are not yet finalized, but will focus on reducing the number, and lowering the breaking strength of, vertical lines used in the lobster trap fishery.

Following the TRT meeting the Atlantic States Marine Fisheries Commission’s  Lobster Management Board established a control date of April 29, 2019, and recommended that NOAA Fisheries do the same for federal waters.

Read the full release here

Blue Harvest tipped as likely buyer of Carlos Rafael’s groundfish fleet

August 22, 2019 — Blue Harvest Fisheries, a US scallop and groundfish supplier backed by private equity Bregal Partners, is believed to have moved to the front of the pack in the chase to nab the 32 groundfish permits and 19 related draggers owned by Carlos Rafael in New Bedford, Massachusetts.

Quinn Fisheries, a longtime area scalloper, appears a lock, meanwhile, to land Rafael’s 11 scallop permits and related vessels, as previously reported.

The competition is on to acquire Rafael’s sizable commercial fishing operation following the civil settlement announced on Monday by the National Oceanic and Atmospheric Administration (NOAA).

Read the full story at Undercurrent News

IG: NOAA, NASA Launched Next-Gen Satellite With Known Issues, Scrubbed Performance Metrics from Contract

August 21, 2019 — Persistent problems with the premier sensors of the GOES-R series satellites—designed to provide the next generation of weather observation for North America—were identified before launch and not properly tested or resolved, according to a new inspector general report.

Further, the Commerce Department IG found evidence that program managers changed the evaluation criteria for the contractor after the issues were identified—metrics that would have led to a 40-75% reduction in payment had they remained.

The GOES-R series of satellites includes GOES-16—launched November 2016—and GOES-17—launched March 2018—as well as the pending GOES-T and GOES-U still in production. The satellite constellation is equipped with a set of next-generation sensors to better predict weather patterns, including the Advanced Baseline Imager, or ABI, the “most essential instrument for mission success of the GOES-R satellites,” according to the IG.

Read the full story at NextGov

East Coast squid fishery to be restricted through end of ‘19

August 20, 2019 — Federal fishing managers are restricting the fishery for a commercially important species of squid for the rest of the year.

The National Oceanic and Atmospheric Administration says restrictions on the fishery for illex squid, which are also called shortfin squid, begin on Wednesday morning. Vessels won’t be allowed to bring more than 10,000 pounds per trip of the squid from federal waters to docks.

Read the full story from the Associated Press at The Day

New lawsuit seeks protection zone for Northwest orcas

August 20, 2019 — A new U.S. lawsuit filed Monday seeks to establish a whale protection zone for endangered orcas in the Pacific Northwest.

The Center for Biological Diversity and the Orca Relief Citizens’ Alliance sued NOAA Fisheries in U.S. District Court in Seattle, saying the agency has failed to act on a petition it filed in 2016.

The petition sought to bar vessels from a 10- to 12-square-mile (26- to 31-square-kilometer) area west of San Juan Island where the orcas, called southern resident killer whales, feed from April through September each year. Any vessels exempted from the ban would be required to abide by a “no wake” rule in the zone.

Read the full story from the Associated Press at ABC News

NOAA settlement with Rafael clears path for big scallop, groundfish vessel selloff

August 20, 2019 — Now that the National Oceanic and Atmospheric Administration (NOAA) has settled its civil claims against Carlos Rafael and 17 of his former fishing captains, look for the wheeling and dealing to intensify for his 43 scallop and groundfish permits and a related 30 fishing vessels.

Almost two years after a federal judge sentenced Rafael to pay $300,000 in fines and restitution and spend 46 months in prison for 28 different criminal counts, including repeatedly lying about his catch to authorities and evading taxes, the 67-year-old, so-called “Codfather” of New Bedford, Massachusetts, reached an agreement on Monday to determine what civil penalties he might also pay.

NOAA budged little from the $3,356,269 it said in September 2018 that it would seek from Rafael, hitting him with a $3,010,633 civil money penalty. However, rather than revoking Rafael’s many limited access permits, as some in the fishing sector desired or even expected, NOAA has given him until Dec. 31, 2020 — about 16 months — to sell them along with the many fishing vessels he owns or controls through transactions reviewed and approved by the agency.

Read the full story at Undercurrent News

Update: Carlos Rafael to be banned from fishing, pay $3 million; captains also face penalties

August 20, 2019 — New Bedford fishing magnate Carlos Rafael will permanently give up all commercial fishing by March 31 and pay a $3 million penalty to settle the federal government’s civil claims against him, federal fishing authorities said Monday.

Allegations against the self-proclaimed “Codfather” included dozens of counts of misreporting groundfish species, underreporting groundfish, and other fishery violations related to scalloping, gear and restricted areas.

The National Oceanic and Atmospheric Administration said it settled with Rafael and his fishing captains Monday in an administrative proceeding.

Rafael is sitting in federal prison at Federal Medical Center Devens, where he reported in November of 2017 to serve a 46-month sentence for falsifying fishing quota, cash smuggling and tax evasion in a separate criminal case.

His attorney in the civil matter, John Markey, said that considering what an appeal would require, Rafael believes the settlement is the right thing to do for him, his family, and the captains and crews of his vessels.

Read the full story at the New Bedford Standard-Times