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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 

 

Phil Paleologos: Bullard’s Wrongheaded Assessment

December 29, 2017 — John Bullard is a likable guy. I know him to be an attentive listener and someone who must be applauded for his revitalization efforts through local historic preservation. But over the past five years, as one of five regional fisheries administrators of NOAA, John Bullard has made some wayward decisions, from imposing a moratorium on fishing cod to responding to the Carlos Rafael scam.

With little signaling, he sent shock waves through the fishing community when he announced he was prohibiting 60 permit holders connected with Rafael from going out to sea until next May and perhaps beyond that! Bullard was not willing to listen to all the parties who are losing millions and millions of dollars in our local economy. He told the Boston Globe, “That’s something the sector should have thought about when they were failing to do their job.” So much for his so-called inspirational essay in the Boston Globe appealing to our better angels.

John Bullard is more concerned with the debt that must be paid by our local sector for the unknown number of species overfished rather than the job-killing measures he approved!

Read the full opinion piece at WBSM

BULLARD: Blame Rafael, not NOAA, for Sector IX Shutdown

December 28, 2017 — When the National Oceanic and Atmospheric Administration closed down Sector IX to groundfishing back on November 20, many felt the organization was punishing New Bedford fishermen for the actions of “The Codfather” Carlos Rafael. It was Rafael’s vessels that went over catch limits as part of his overfishing scheme that sent him to federal prison.

NOAA regional administrator John Bullard told WBSM News that shutting down the sector isn’t about any kind of sanctions or punitive actions for Rafael’s scheme, but rather for cleaning up the mess he left behind.

“The basic responsibility of a sector is to report the catch, and to keep vessels within the limits for that sector for all the species of groundfish,” Bullard said. “To this date, we don’t know how many fish the vessels in Sector IX have caught. We don’t know how much they have exceeded the limits on some of their catch, and we think some of those overages are significant.”

Bullard said that since 2012, when NOAA went to the quota-based system, it has been each sector’s responsibility to keep track of its own catch.

“They can lease back and forth within a sector, they can lease fish from one sector to another,” he said. “That’s all designed to maximize efficiency and keep government kind of out of it, and allow the efficiency of the private sector to work. Mr. Rafael misused that system, and until we understand how much they went over and what species, we’re not about to let the boats go fishing again.”

Bullard said NOAA initially reviewed the sector’s operation plan back in May along with those of all the other sectors, as the fishing year begins on May 1.

“I decided at that time, that even though there were problems with Sector IX last May, we would allow them to continue operating because the trial had not taken place. We felt we should let them operate until the trial concluded,” he said. “We faced a lot of criticism for that decision.”

But once the trial was completed and Rafael was sentenced to about four years in prison, the decision was made to halt operations in Sector IX until the extent of the overfishing could be determined. As part of the shut down, the Sector IX vessels cannot join other sectors, or the common pool.

Read the full story at WBSM

Foes, friends praise retiring NOAA official’s approach

December 26, 2017 — He’s been called a Neanderthal and the most reviled man in the region’s fishing community. At a public meeting broadcast on national TV, a fisherman once accused him to his face of lying for a living.

As the regional fisheries administrator of the National Oceanic and Atmospheric Administration, John Bullard has drawn ire from all sides — fishermen, environmentalists, and politicians alike. His decisions have been routinely controversial, and he has rarely minced words in defending them.

Yet he has also earned widespread respect during his tenure as the region’s top fishing regulator, the rare public official willing to say what he thinks, no matter how unpopular. Earlier this year, he even publicly criticized his bosses, an offense that nearly got him fired.

As he prepares to retire from one of New England’s most influential — and thankless — government positions, Bullard, 70, has few regrets.

Read the full story at the Boston Globe

 

New England fishermen worry that wind turbines could impact their catch

December 26, 2017 — NEW BEDFORD, Mass. — East Coast fishermen are turning a wary eye toward an emerging upstart: the offshore wind industry.

In New Bedford, fishermen dread the possibility of navigating a forest of turbines as they make their way to the fishing grounds that have made it the nation’s most lucrative fishing port for 17 years running.

The state envisions hundreds of wind turbines spinning off the city’s shores in about a decade, enough to power more than 1 million homes.

‘‘You ever see a radar picture of a wind farm? It’s just one big blob, basically,’’ said Eric Hansen, 56, a New Bedford scallop boat owner whose family has been in the business for generations. ‘‘Transit through it will be next to impossible, especially in heavy wind and fog.’’

Off New York’s Long Island, an organization representing East Coast scallopers has sued the Bureau of Ocean Energy Management to try to halt a proposal for a nearly 200-turbine wind farm. Commercial fishermen in Maryland’s Ocean City and North Carolina’s Outer Banks have also sounded the alarm about losing access to fishing grounds.

Read the full story from the Associated Press at the Boston Globe

 

Jon Mitchell: Ban costing Port of New Bedford $500K a day

December 22, 2017 — NEW BEDFORD, Mass. — In a letter addressed to NOAA, Mayor Jon Mitchell said the Port of New Bedford could be losing nearly $500,000 a day because of the groundfishing ban.

Mitchell referenced analysis prepared by Professor Dan Georgiana of SMAST, which stated the 25-day-old ban caused as much as $12 million (to date) in damage to the port.

Mitchell filed his letter Wednesday, the final day in which comments regarding the ban could be submitted. Andrew Saunders, the attorney for Sector IX, the Carlos Rafael fishing division that’s prevented from groundfishing, also submitted a letter Wednesday.

“It’s no exaggeration to say that hundreds of lives in New Bedford have been disrupted by the NOAA decision,” Mitchell wrote.

NOAA said it is still processing the submitted comments and wouldn’t comment on any submissions.

Mitchell doubled down on his plea throughout the Rafael saga: That innocent third parties shouldn’t be harmed for Rafael’s actions. NOAA Regional Administrator John Bullard revoked Sector IX’s operational plan on Nov. 20, which banned Rafael’s fleet from groundfishing. Bullard, a former New Bedford mayor, backed his decision stating deficiencies lingered within the sector.

Mitchell, a former U.S. prosecutor, presented a legal argument that should have prevented the ban. He cited National Standard 8, which states any prevention of overfishing should take into account the extent of adverse economic effects.

“I believe National Standard No. 8 would require due consideration of the socioeconomic impact that the notice of withdrawal of approval has on the member of Sector IX as well as the effected stakeholders in the Port of New Bedford,” Mitchell wrote.

Read the full story at the New Bedford Standard Times

 

Another New Bedford Fish Dealer Pleads Guilty to Tax Evasion

December 21, 2017 — SEAFOOD NEWS — George F. Estudante, a former New Bedford seafood wholesaler, pleaded guilty in a Boston federal court on December 18 to two counts of failing to file tax returns and one count of filing a false income tax return.

The owner of Basic Fisheries failed to file an income tax return in 2010 despite receiving approximately $1,418,629 in payments. In 2011 he failed to file a tax return despite receiving a total of $1,607,726 for the year. In 2012 he filed a tax return saying that he received $533,078 in gross receipts. His bank account for that year showed that he received over $740,000.

Estudante will be sentenced on March 13, 2018. He faces a sentence of no greater than one year in prison, one year of supervised release and a fine of $25,000 for failing to file an income tax return. He also faces no greater than three years in prison, one year of supervised release and a fine of $100,000 for filing a false income tax return.

This is the second person in the New Bedford seafood industry in the last month to plead guilty to tax evasion. On November 28 Orlando Cardoso, a production manager at Seatrade International in New Bedford, failed to report $75,000 in earnings on his 2012 and 2013 tax returns.

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

 

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