Saving Seafood

An emotional day for family, friends of lost Misty Blue crew

December 6, 2017 — NEW BEDFORD, Mass. — Authorities believe they have located the Misty Blue underwater but not the two crew members who went missing after the 69-foot surf clam harvester overturned Monday night, according to Chad Brayton, the vessel manager for Atlantic Capes Fisheries Inc.

Details of what happened remained scarce Tuesday as the Coast Guard and four fishing vessels continued scouring the waters about 10 miles off Nantucket looking for the two Misty Blue crew members.

Misty Blue’s Captain Eric Arabian, 44, and a crew member, Colby McMullen 22, were rescued by the fishing vessel Enterprise on Monday night and are “fine,” Brayton said. Arabian and McMullen were taken to St. Luke’s Hospital Tuesday evening to be checked out after the Coast Guard brought them back to shore.

The search for Michael Roberts, 44, and Jonathan Saraiva, 32, continued throughout Tuesday as the Coast Guard kept assets in the water overnight. Coast Guard Petty Officer Andrew Barresi said at first light Tuesday, the Cape Cod air station launched an ocean sentry aircraft to aid in the search.

Read the full story at the New Bedford Standard Times

 

NCFC Members Reaffirm Support for Interior Department’s Marine Monument Recommendations

December 5, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Following today’s official release of Interior Secretary Ryan Zinke’s recommendations to alter three marine national monuments, members of Saving Seafood’s National Coalition for Fishing Communities are reiterating their support for these recommendations, which will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

In September, NCFC members expressed initial support for the changes when a draft of the recommendations were reported in the press. Because the final recommendations are identical to those initially reported, NCFC members stand by their initial statement, which is reproduced below:

Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also  recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

Marine monument expansions and designations have been widely criticized by commercial fishing interests as well as by the nation’s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations “have disrupted the ability of the Councils to manage fisheries throughout their range.” Fishing industry members believe these monuments were created with insufficient local input from stakeholders affected by the designations, and fishing communities felt largely ignored by previous administrations.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administration’s process in designating the monument. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades. We are grateful that the voices of fishermen and shore side businesses have finally been heard,” Mr. Reid concluded.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

“The fisheries management process under the existing Magnuson Act is far from perfect, but its great strength is that it has afforded ample opportunities for all stakeholders to study and comment on policy decisions, and for peer review of the scientific basis for those decisions,” stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. “The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think hitting the reset button ought to be welcomed no matter where one stands in the current fisheries debates, because the end result will be better policy and better outcomes,” Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Department’s review, but remain concerned about the effects of the Papahānaumokuākea Monument, which was omitted from the version of the recommendations being reported. “We are appreciative of Secretary Zinke’s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,” said Sean Martin, president of the Hawaii Longline Association. Hawaii’s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. “However, we hope that the White House will extend these recommendations to the Papahānaumokuākea Monument, where President Obama closed an area nearly the size of Alaska without a substantive public process. The longline fleet caught about 2 million pounds of fish annually from the expanded area before it was closed to our American fishermen. That was a high price to pay for a presidential legacy,” Mr. Martin continued.

The recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

Additionally, fishery managers in Hawaii have been critical of expansions of both the Papahānaumokuākea Monument and the Pacific Remote Islands Monument. In an April 26 letter to Secretary Zinke, the Western Pacific Regional Fishery Management Council stated that marine monuments around Hawaii “impose a disproportionate burden on our fishermen and indigenous communities,” and noted that they have closed regulated domestic commercial fishing in 51 percent of the U.S. exclusive economic zone in the region.

Florida charter fishermen applauded the review, and a return to the process of established law that guides fishery management. “Destin, Florida was founded by commercial fishermen before the turn of the 20th century, and continues to be a major port for commercial and charter fishing fleets,” said Captain Gary Jarvis, president of the Destin Charter Boat Association. “To our fishing community, it’s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.”

Curiously, although President Obama’s September 2016 monument designation prohibited sustainable low-impact commercial fishing, it allowed other extractive activities including recreational fishing, and even far more destructive activities such as the digging of trenches for international communications cables.

NCFC members supporting the Interior Department’s reported recommendations include:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association

Learn more about the National Coalition for Fishing Communities here.

 

Sector IX responds to NOAA’s groundfish ban

December 5, 2017 — NEW BEDFORD, Mass. — Sector IX sent a 15-page response to John Bullard and NOAA on Saturday after the governing agency banned the sector from groundfishing two week ago.

The documents sent to NOAA’s Northeast Regional Administrator by Sector IX President Virginia Martins included a six-page letter that outlined grievances with the decision as well as biographies of the new board members and the agenda of an Oct. 26 meeting between the sector and the Greater Atlantic Regional Fisheries Office.

The materials were sent after NOAA banned Sector IX from groundfishing on Nov. 20. The decision came down after Bullard concluded the sector hadn’t addressed lingering issues associated with Carlos Rafael’s illegal activity. Rafael’s boats make up Sector IX. Vessels with non-groundfish permits can still fish. Sector IX is one of 19 fishing divisions in the Northeast that organize fishing operations including overseeing reporting regulations.

Read the full story at the New Bedford Standard Times

 

Massachusetts: Mitchell a keynote speaker in Washington DC

December 5, 2017 — NEW BEDFORD, Mass. — Jon Mitchell will be in the nation’s capital for the next two days.

The Mayor will spend his Tuesday with NOAA’s Assistant Administrator Chris Oliver and Massachusetts Senator Ed Markey in Washington DC.

The meeting with Oliver comes three days after Sector IX, one of 19 fishing divisions in the Northeast sent a letter to NOAA. The governing agency banned Sector IX, primarily made up of Carlos Rafael vessels, from groundfishing because of the fishing moguls illegal activity.

Read the full story at the New Bedford Standard Times

 

Massachusetts: New leaders of Rafael’s shuttered fishing sector seek meeting with NOAA exec

December 4, 2017 — The new leaders of Carlos Rafael’s former fishing sector say they never got a chance to introduce themselves personally to John Bullard, the administrator of the National Oceanic and Atmospheric Administration’s (NOAA’s) Greater Atlantic Region, before he made the decision in November to end their groundfishing season five months early.

They’re hoping he’ll see them now, asking for a face-to-face meeting as soon as possible in a letter sent Monday.

“Sector IX is disappointed in [the decision by Bullard, on Nov. 20, to withdraw its management plan] since it forces a complete shutdown of the sector for an undetermined period of time leading to severe collateral consequences – disrupting the lives of crew members and numerous shore based support businesses,” writes Andrew Saunders, the attorney recently hired by the board. “Sector IX strongly believes that your initial determination was based upon incomplete information and respectfully asks that you reconsider your position.”

Read the full story at Undercurrent News

 

Rafael Arrest Shines Light on Fishing System

December 1, 2017 — Dozens of New Bedford-based commercial fishing boats were ordered to stop fishing last week in the wake of the federal prosecution of fishing magnate Carlos Rafael, known as The Codfather, who pleaded guilty to tax evasion, cash smuggling, and falsifying records and misidentifying and mislabeling fish to avoid fishing quotas.

Members of the dwindling Vineyard fishing community who have been watching the proceedings say the tale is a sad commentary on the state of the industry and highlights flaws in its regulation.

“It’s a symptom of poor policy,” said Wes Brighton, a Vineyard fisherman and one of the only Islanders to hold a federal commercial groundfishing permit. Mr. Brighton fishes for lobster, conch, monkfish, and some cod from his boat Martha Elizabeth.

The system creates an imbalance, he said, giving independently-owned family fishing businesses little access to the fisheries and allowing larger corporations the ability to consolidate fishing permits and quota.

Mr. Rafael was arrested and charged in February 2016 after an undercover investigation. According to the government, federal agents posed as organized crime figures interested in buying his fishing business. For about four years, the Department of Justice said, Mr. Rafael lied to the government about the quantity and species of fish his boats in an effort to evade the strict federal quotas that are designed to protect the sustainability of certain fish species.

Read the full story at the Vineyard Gazette

 

East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

New Bedford seafood manager pleads guilty to tax charges

November 29, 2017 — BOSTON — A New Bedford seafood manager pleaded guilty in federal court in Boston on Tuesday to failing to report earnings on his tax returns.

Orlando Cardoso, 44, pleaded guilty to two counts of filing a false income tax return. Sentencing is scheduled for March 8, 2018. The indictment said that Cardoso was a manager of the scallop division of a New Bedford seafood processor, according to a news release from the U.S. Attorney’s Office.

In 2012 and 2013, Cardoso said his only income was from his employer. However, the Department of Justice said Cardoso had received more $75,000 in cash and checks from his employer’s supplier and failed to report the income on his tax returns.

The charge of filing a false income tax return provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $100,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors, authorities said.

Read the full story at the New Bedford Standard Times 

 

Massachusetts: Despite Gloucester dialogue, Sector IX fishermen on ice

November 24, 2017 — In late October, about a month after the New England Fisheries Management Council insisted by vote that NOAA Fisheries hold Northeast Fishing Sector IX accountable for allowing the illegal actions of its most dominant member, Carlos Rafael, the Northeast Seafood Coalition brokered a meeting at the NOAA Fisheries office at Blackburn Industrial Park.

The Gloucester-based fishing advocate sought to bring together officials of the sector’s reconstituted board of directors with federal fishery regulators. It’s mission was to begin sifting through the rubble of the Rafael-induced damage to the fishery and begin focusing on future reforms to bring the sector into compliance with its operation plan to preclude widespread abuse from occurring again.

“We facilitated the meeting to open up a dialogue,” said Jackie Odell, executive director of the coalition. “That’s our role. We understood the severity of the charges and we certainly don’t condone Carlos’s actions. We just wanted to try communicating in a calm, reasonable manner.”

Read the full story at the Gloucester Times

 

Uncertainty surrounds NOAA banning Carlos Rafael’s vessels from groundfish

November 22, 2017 — NEW BEDFORD, Mass. — The effects of NOAA’s decision to ban Carlos Rafael’s fleet from groundfishing on Monday remains unclear.

Mayor Jon Mitchell, who criticized NOAA’s approach to the case, said it’s “really hard to say” how big an effect the suspension of about 20 vessels from groundfishing will have on upwards of 70 fishermen.

“I think it’s fair to say there will be certain folks on the waterfront that will lose the opportunity to make a full livelihood this winter,” Mitchell said.

There’s a number of reasons that contribute to the uncertainty with NOAA withdrawing the operational plan for groundfishing of Sector IX, one of 19 fishing divisions in the Northeast primarily made up of permits held by Rafael.

It’s unknown how long the the vessels will be prevented from landing groundfish. There are few precedents to follow in a measure NOAA said it hasn’t been done before.

Monday’s order extends through the 2017 fishing year. However, Sector IX could submit a new plan at any time. If NOAA approves it, business would return as usual.

Read the full story at the New Bedford Standard-Times