Saving Seafood

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.

 

Massachusetts: Divers recover bodies of 2 missing men from sunken fishing boat

December 19, 2017 — Divers have recovered the bodies of the two missing crewmen of the Misty Blue, a fishing boat that sank 10 miles off the coast of Nantucket on Dec. 4, authorities said Monday.

The first body was recovered at 10:30 a.m. and the second at 4:20 p.m., State Police spokesman David Procopio said. Relatives of the two men expressed gratitude to those involved in the search. In a statement, the Saraiva family thanked “everyone involved in helping to find and bring their son Jonathan and Mr. Roberts home.”

Michael Flynn, a lawyer for Roberts’s widow, said their “thoughts and prayers go out to” Saraiva’s family.

“Mrs. Roberts looks forward to moving through the grieving process and trying to move forward,” he said.

Danny Cohen, president of Atlantic Capes Fisheries, the New Bedford-based seafood company affiliated with the Misty Blue, said the company was “thankful and saddened” that the men’s bodies had been recovered.

Read the full story at the Boston Globe

 

MASSACHUSETTS: F/V Misty Blue Missing Crewmembers Found

WASHINGTON – December 18, 2017 – The bodies of two missing fishermen from the F/V MISTY BLUE have been recovered by Massachusetts State Police divers. Jonathan Saraiva, 32, and Michael Roberts, 49, were on board the vessel when it rolled over and sank on Dec. 4.

“Our divers recovered two bodies from the sunken vessel Misty Blue today. The first recovery was at 10:30 a.m., the second at 4:20 p.m. We offer our deepest condolences to their families. I have no further information to relay,” said Massachusetts State Police spokesman Dave Procopio.

Atlantic Capes Fisheries issued the following statement this evening:

NEW BEDFORD, Mass. – Atlantic Capes Fisheries, Inc. (“ACF”) is thankful and saddened to receive the news that divers have recovered the bodies of the missing crewmen of the F/V MISTY BLUE. All of the ACF team members extend their deepest condolences to the families of Michael Roberts and Jonathan Saraiva.

“This is a sorrow-filled day for everyone, not only at Atlantic Capes but also in the greater New England fishing community,” said Danny Cohen, President of ACF. “Our thoughts and prayers are with the Roberts and Saraiva families during this difficult time.”

“Michael was a five year veteran of Atlantic Capes, and Jonathan had just joined our team. We were all devastated to lose an old friend and new colleague. We join with their families and the rest of the harbor in mourning their loss,” said Chad Brayton, the Vessel Manager. “The divers deserve our deepest respect.  That was a difficult dive, in strong currents on Nantucket shoals, which has to be accomplished in very limited time.”

“We recognize the great risks and technical difficulty involved in this recovery effort, so on behalf of Atlantic Capes, we wish to thank the Coast Guard, the Massachusetts State Police, the dive teams, and everyone whose brave efforts made it possible for Michael and Jonathan to be returned to their grieving families,” said Sam Martin, Vice President of Operations. “We hope the recovery brings some comfort to their friends and loved ones at this difficult time.”

 

Boston Globe: What’s fair in breaking up Carlos Rafael’s empire?

December 18, 2017 — Randy Cushman, a fourth generation fisherman in Maine, knows what the crimes of Carlos Rafael cost him.

Cushman fishes out of the bucolic village of Port Clyde, population 307, the sort of place many New Englanders might still associate with the region’s storied, struggling fishing industry. Last season, he had to pay $49,000 for fishing quota, most of it for American plaice, a species of groundfish commonly known as dabs. Cushman’s own allowance on the fish ran out after only four days on the water, forcing him to bargain with other fishermen for more.

Up the coast, Rafael had been catching dabs in the Gulf of Maine too. But in an elaborate criminal scheme, the New Bedford fishing tycoon, owner of about 40 vessels, was directing his captains to report dabs as other kinds of fish, often haddock, which is subject to much higher limits. Breaking the rules let Rafael evade the kind of payments that Cushman made. It also depressed prices by flooding the market with black-market fish. Worst of all, the scheme also meant fishing regulators were getting inaccurate information about how many fish Rafael’s empire was scooping out of the Atlantic, bad data that fishermen suspect distorted how scientists analyzed ocean trends, and Cushman believes skewed the way regulators set the amount each fishermen can catch before having to start paying.

“He definitely hurt my business,” Cushman said. Bottom line: “I should have ended up with more allocation on dabs,” he said.

Rafael, whose downfall came after he boasted of his scheme to undercover IRS agents posing as Russian mobsters, is now serving a 46-month sentence in federal prison. The made-for-TV story, complete with an illicit cash buyer in New York, bank accounts in Portugal, allegations of corrupt sheriff deputies, and broad hints that other players on the waterfront must have been in the know, has transfixed New England’s close-knit fishery. Rafael’s arrest has thrust arcane fisheries policies into the spotlight, touched off a political battle between Massachusetts and Maine about the future of his businesses, and raised questions about how fishing regulators can provide justice for his victims and prevent a scheme like his from infecting the fishery again. The feds have already seized some of his permits and four of his boats, but more punishments are widely expected. A spokeswoman for the National Oceanic and Atmospheric Administration, Jennifer Goebel, said the regulatory agency was considering further sanctions against Rafael but that “it’s longstanding NOAA policy not to discuss pending enforcement matters.”

Read the full editorial at the Boston Globe

MASSACHUSETTS: New Bedford City Council seeks action on Carlos Rafael’s fishermen

December 18, 2017 — NEW BEDFORD, Mass. — The City Council took aim at former Mayor John Bullard and his decision to prevent Sector IX, the fishing division populated by Carlos Rafael vessels, from landing groundfish.

“It’s important that we get turn this around,” [Ward 4 Councilor Dana] Rebeiro said. “He’s a very reasonable man. He loves New Bedford. I know he’s very concerned about Carlos Rafael, as we all are, and the fact that he was able to do what he did for so long. But I think there has to be a way that we can make sure that justice is served but not at the expense of these families.”

The council agreed to send a letter to Bullard, the Northeast Regional Administrator for NOAA and the federal delegation asking for immediate reversal of the ban.

The ban took effect Nov. 20 as a result of Bullard believing the division still hadn’t addressed issues resulting from Rafael’s illegal behavior.

Read the full story at the New Bedford Standard-Times