Saving Seafood

New Charges Against Carlos Rafael Include Count Against Sector IX, 12 Counts Misreporting Scallops

January 15, 2018 — SEAFOOD NEWS — The charging document released by NOAA revoking Carlos Rafael’s and Associated entities fishing permits contained a number of new allegations that were not part of the criminal trial.

One count was against sector IX, which applied to the entire sector, including Rafael’s vessels, was filing a false report of the volume of yellowtail flounder landed in the sector in 2011.  Through a special agreement, the statute of limitations on this alleged misreporting was waived by Rafael.

NOAA is seeking a $140,000 fine from all members of sector IX for this offense.

The other new charges all involve scallops during the 2013 fishing year.  12 of the counts are of falsely reporting the volume of scallops landed.

For example, on January 15, the vessel F/V Ilha Brava submitted a ‘broken trip’ report to NOAA, claiming the vessel only harvested 7,886 lbs of scallops on its trip.  In fact, the vessel landed 17,200 lbs.

The other eleven counts are similar.  Some include broken trip reports that were false.  Others include lying about the volume of scallops taken from a limited access area.

For example, September 13-18, the vessel F/V Acores reported it only caught 1851 lbs of scallops in a limited access area trip, when in fact it had caught 12,700 lbs.

Two counts involved vessels failing to transmit the position via the vessel monitoring system as required.

NOAA says that under Magnuson:

(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title… the Secretary may—

(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits…[or]

(iii) deny such permit.

This is the authority they are using to revoke 38 permits, including two scallop permits which were not part of the original criminal complaint.

The full charging document can be read here.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

Pentony steps into NOAA’s top Atlantic post with much underway

January 15, 2018 — Michael Pentony, John Bullard’s successor as administrator of the National Oceanic and Atmospheric Administration’s (NOAA) Greater Atlantic region, is a “straight shooter,” who works toward “yes,” and has a lot of experience on fisheries management issues, sources tell Undercurrent News.

NOAA ended months of speculation on Thursday when it announced that Pentony, a long-time NOAA staffer and also a one-time member of the New England Fishery Management Council (NEFMC) staff, was its pick to lead all fishery policy making in the 100,000 square mile long region that stretches from the state of Maine to Cape Hatteras, in North Carolina, and the Great Lakes.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running,” assured Chris Oliver, director of NOAA Fisheries, in a statement announcing the decision.

Bullard announced his retirement back in July, ending a nearly six-year rein in the region’s top spot, which comes with an office in Gloucester, Massachusetts, and beginning the agency’s search for a replacement. He said at the time that he had a long list of chores to complete before he could finish, most of which he took on during a recent flurry of activity at the agency.

However, Bullard left quite a few big matters for Pentony to finish up.

Pentony, who is set to assume his new role on January 22, enters his new job at the end of an eventful period, including the prosecution and sentencing of the owner of New England’s largest fishing operation, Carlos Rafael.

Read the full story at Undercurrent News

 

Massachusetts: SouthCoast fishermen call NOAA’s civil action against Carlos Rafael ‘overkill’

January 12, 2018 — NEW BEDFORD, Mass. — Current and former area fishermen balked at NOAA’s reach in its civil action against Carlos Rafael.

“It’s total overkill,” said Stephen Lozinak, captain of fishing vessel Marsheen Venture and who has been fishing for more than five decades. “The whole thing is overkill. All it’s doing is hurting the workers in the city of New Bedford.”

On Wednesday, NOAA laid out its civil case against Rafael, including revoking 38 commercial fishing permits and the operator permits of two scallop vessel captains. Other aspects include a $983,528 penalty, denying any future application by Rafael for a permit issued by NOAA, and revoking the seafood dealer permit issued to Carlos Seafood Inc.

Most of the allegations surround Rafael’s criminal activity, which he pleaded guilty to in March. However, NOAA also included allegations surrounding mislabeling scallops harvested in 2013 and misreported yellowtail flounder in 2012.

“It seems to be a much more severe penalty than the crimes called for,” Executive Director of New Bedford Seafood Consulting Jim Kendall said.

The sentiments echoed those of Mayor Jon Mitchell.

Read the full story at the New Bedford Standard-Times

 

NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

Massachusetts: NOAA Moves to Revoke All Carlos Rafael’s Permits, New Charges Include Cheating on Scallop Landings

January 11, 2018 — SEAFOOD NEWS — NOAA announced yesterday that they have filed a charging document to revoke all 38 of Carlos Rafael’s fishing permits, the dealer license for Carlos Seafood, and the scallop permits issued to two of Rafael’s scallop vessels.

The charges go beyond the criminal complaint of cheating on landings reporting, for which Rafael is already serving prison time. Out of 35 separate charges, 15 are new charges for violations in the scallop fishery.

NOAA claims that on four separate fishing trips in 2013, Rafael and related entities, along with two of his fishing vessel operators, filed false reports regarding the amount of scallops harvested by four vessels. For those violations, NOAA seeks to revoke permits issued to these vessels and a $843,528 penalty.

NOAA is seeking a total of $983,528 in civil fines.

Charging documents are how NOAA pursues a civil case before an administrative law judge.

They can include both NOVA (notice of violation for fishing activities) and NOPS (Notice of Permit Sanctions) and requests for civil fines.

Once the case is heard before an administrative law judge, the decision can be appealed to the NOAA administrator. If the parties object to the NOAA administrator’s decision they may then proceed to district court. However, according to lawyers familiar with NOAA procedures, the decision will not be set aside if it is supported by substantial evidence.

The civil action alleges 35 separate violations.

Counts 1-19 are based on Rafael’s conduct involved in his recent criminal case, specifically, the misreporting of species landed. For these violations, NOAA seeks to revoke the federal fisheries permits associated with the vessels at issue in the criminal case, but does not seek monetary penalties.

Counts 20-35 involve conduct unrelated to Rafael’s criminal case. Count 20 alleges that Rafael and related entities misreported where they caught yellowtail flounder in 2012. For this violation, NOAA seeks to revoke numerous permits involved and a $140,000 penalty.

Counts 21-35 involve misreporting in the scallop fishery.

It is important to note that before the administrative judge, normal rules of evidence don’t apply, and instead the ruling is made based on a preponderance of evidence.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

John Bullard: Incomplete investigation by Rafael sector is ‘show stopper’

January 9, 2018 — John Bullard, the outgoing northeast region administrator for the National Oceanic and Atmospheric Administration, has provided a clue as to what he believes is needed to re-open groundfish harvesting in Sector IX, Carlos Rafael’s former fishing group.

“As far as we know, the sector’s enforcement committee has not yet completed an investigation of the sector’s operations issues or determined the full extent of the sector’s non-compliance,” he says in a column published in South Coast Today, a newspaper serving New Bedford, Massachusetts, the port city Sector IX calls home.

“That’s a show stopper.”

Bullard has heard plenty of criticism from the newly constituted board of Sector IX, the mayor of New Bedford, Massachusetts, out-of-work crew members and many others since he announced his decision in November to shut down all groundfish harvesting for the group nearly five months before the season was due to end on April 30.

Read the full story at Undercurrent News

 

John Bullard: Sector IX board’s failure to act stopped its fishing

January 8, 2018 — For New Englanders, Atlantic cod is not just another fish. The Sacred Cod that hangs in the Massachusetts State House is testament to the cod’s place in our culture and history.

For centuries, we fished for cod, and, as we watched the stock decline, we tried various ways to protect the resource that is considered as much a birthright as a commodity.

In 2009, the New England Fishery Management Council under the Magnuson-Stevens Act, agreed to try a system called “catch-shares,” which worked well on the West Coast.

The idea was simple: figure out how much fish from a particular stock can be sustainably caught— the “total allowable catch”—and divide that among fishermen.

By allocating quota, fishermen would have more control over when and how they fish, and — fishermen could fish when the weather and markets were most favorable. Catch shares eliminated the “race to fish” once a season opens.

A catch-share system allocating shares to groups of self-selected fishermen called ‘sectors’ went into place in the New England groundfish fishery in 2010. Within these sectors, fishermen organized themselves, determined how to fish their quota, and established other rules by which they would operate.

All sectors then submitted an operations plan to NOAA Fisheries and, under that plan, were responsible for policing themselves. The primary responsibility of a sector is to keep within its quota and account for its catch.

While most sectors have done a great job meeting this responsibility, Sector IX failed miserably over many years.

The former sector president, Carlos Rafael, is now behind bars for years of falsifying catch information, such as calling catch of low-quota, high-value cod, high-quota, lower-value haddock. He also admitted to tax evasion and bulk money laundering, all from his fishing operation.

Read the full opinion piece at the New Bedford Standard Times

 

Fishing officials ease restrictions in waters off New England

January 8, 2018 — After 15 years of research and deliberation, federal fishing officials this week approved a landmark set of regulations that will open a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species.

The opening of one area east of Nantucket, closed since the 1990s, could be extremely lucrative, allowing fishermen to catch as much as $160 million worth of additional scallops in the coming fishing season, regulators estimate.

“The scallop industry is thrilled to be able to access significant scallop beds,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington D.C., which represents the scallop industry. “Allowing rotational scallop fishing on these areas will increase the scallop fishery revenue in the short term and in the long run.”

Yet many in the industry had hoped that the National Oceanic and Atmospheric Administration would go further.

Minkiewicz and others objected to the decision to maintain the ban on fishing on the northern edge of Georges Bank, where there are significant amounts of scallops but also vulnerable species such as juvenile cod.

Minkiewicz said the industry would continue to press NOAA to reconsider opening those fishing grounds.

“The scallop industry respectfully disagrees with [NOAA’s] conclusion that allowing limited scallop fishing [there] . . . was not consistent with the law,” he said.

NOAA officials said that opening such areas could be harmful to some fish.

Read the full story at the Boston Globe

 

‘Cod Is Dead’: New Netflix Series Details Challenges Facing U.S. Fishermen

January 5, 2018 (Saving Seafood) — The challenges facing American fishermen, ranging from declining quotas to disputed science to fleet consolidation, are highlighted in a new Netflix documentary series premiering today.

The new series, Rotten, “travels deep into the heart of the food supply chain to reveal unsavory truths and expose hidden forces that shape what we eat.” The series’ sixth and final episode, “Cod is Dead,” focuses on the domestic seafood industry, and the business and regulatory climate that has made it increasingly difficult for fishermen to make a living. Special focus is given to the ongoing fallout from the Carlos Rafael seafood fraud case and the continuing impact of the controversial catch share management system.

The episode interviews fishermen, scientists, environmentalists, and other stakeholders, with special emphasis placed on industry members in New Bedford, Massachusetts. The full list of interviewees is:

  • Steve Welch – Commercial Fishing Captain
  • Richard Canastra – Co-Owner, The Whaling City Seafood Display Auction
  • Peter Baker – Director, U.S. Ocean Conservation-Northeast, The Pew Charitable Trust
  • Ian Saunders – New Bedford Dock Worker
  • Dr. Jonathan Hare – Science and Research Director, Northeast Fisheries Science Center
  • Seth Macinko – Professor of Marine Affairs, University of Rhode Island
  • Aaron Williams – Commercial Fishing Captain
  • Scott Lang – Former Mayor of New Bedford/Lawyer
  • Jake Kritzer – Director of Fishery Diagnostics and Design, Environmental Defense Fund
  • Tor Bendikson – Vice President, Reidar’s Trawl Gear & Marine Supply
  • Arthur Bogason – Chairmen, Icelandic National Association of Small Boat Owners
  • Ragnar Arnason – Professor of Economics, University of Iceland
  • Charles Smith – U.S. Coast Guard
  • Tom Williams – Commercial Fishing Vessel Owner

Rotten is available now on Netflix

 

Massachusetts: Battling Ice On A New Bedford Fishing Boat

January 3, 2018 — The normally bustling docks along New Bedford harbor were practically deserted Tuesday as an arctic cold front kept some boats off the water.

On one pier, a deckhand heaved a sledge hammer against the ice-caked roof of the Gabby G, a fishing boat on the New Bedford pier. Ice covered practically every exposed surface of this 105-foot dragger.

The boat’s captain, Mario Gonsalves, said he wanted to get another run in before a snow storm that’s predicted to hit Thursday.  But first, the crew had to de-ice the boat.

“You’re seeing a lot of ice build-up from spray from the ocean,’’ he said. “The boat goes up and down and the spray from the waves…just freeze(s) instantly, almost. This is what happens when you fish and it’s really cold out.’’

Gonsalves and his five-member crew fish for squid and whiting, also known as Silver Hake. Once they catch the fish they store them in boxes with packing ice – not to keep the fish cold, he said, but to stop them from freezing.

Read the full story at Rhode Island Public Radio