Saving Seafood

MASSACHUSETTS: Gov. Baker: Carlos Rafael windfall should fund electronic monitoring

September 20, 2017 — BOSTON — The conviction of New Bedford fishing mogul Carlos “The Codfather” Rafael was a black stain on the iconic Massachusetts seafaring industry.

But Gov. Charlie Baker is urging restitution that some believe could help turn rotten fish into sushi.

Baker, in a letter to federal fishing regulators late last month, sided with a dozen state lawmakers and local officials who are urging the proceeds from the forfeiture of Rafael’s fishing fleet and any financial penalties tied to his case to be used to pay for electronic catch monitoring.

The money to pay for monitoring would relieve a major financial pressure on the state’s fishermen who have to pay for at-sea monitors who ensure compliance with catch-quotas designed to protect the health of groundfish stock.

“This is the best way to provide some level of restitution to the industry that Mr. Rafael harmed through his crimes. While I recognize that these funds would not cover the entire cost of monitoring, it is our hope that a fully funded program could be developed in the near future,” Baker wrote.

The governor also requested that the groundfish permits associated with the 13 boats Rafael will forfeit as a result of his guilty plea in March be redistributed to eligible permit holders in the Massachusetts fleet. Some from neighboring coastal states have advocated for the permits to be more widely disseminated.

Read the full story from State House News Service at the Gloucester Times

Carlos Rafael argues against vessel forfeiture, poses new buyer for fleet

September 20, 2017 — New Bedford, Massachusetts-based fishing magnate Carlos “Codfather” Rafael has challenged the government’s proposal to seize his fleet of 13 groundfish vessels, arguing that the act is unconstitutional, according to court documents filed by his legal team.

Forfeiting the vessels and their corresponding permits, which are allegedly worth more than USD 30 million (EUR 25 million), would be a violation of the excessive fines clause of the Eighth Amendment of the U.S. Constitution, Rafael’s lawyers said in court documents submitted for review to U.S. District Court judge William Young in Boston.

While U.S. sentencing guidelines place the legal maximum fine at no more than USD 250,000 (EUR 208,460) in cases such as this, Rafael’s legal team has suggested the Codfather forfeit USD 2.8 million (EUR 2.3 million), or double the value of the 782,812 pounds of groundfish Rafael admitted to misreporting.

“Such an order will serve the purposes of punishment (including severely punishing Mr. Rafael and deterring others) within constitutional bounds without incurring the devastating effects on his own business and innocent third parties that are threatened by the government’s motion,” Rafael’s lawyers wrote.

Issues of ownership regarding the seized groundfish fleet have cropped up over the course of Rafael’s trial. Rafael’s personal share of the vessel fleet up for grabs is valued at nearly USD 19 million (EUR 15.8 million), the balance of which belongs to his wife, Conceicao, according to the Codfather’s legal team. In a petition filed in Massachusetts on 28 August, Conceicao Rafael claimed ownership of 50 percent of eight fishing vessels and three fishing companies – My Way Fishing, Corvo, and S & S Fishing – that are tentatively subject to forfeiture by the United States government in relation to her husband’s criminal case.

Read the full story at Seafood Source

Rafael Attorneys File Report By Dr. Brian Rothschild Concluding Misreporting Did “De Minimus” Harm to Science and Assessments

WASHINGTON (Saving Seafood) — September 18, 2017 — Attorneys for Carlos Rafael filed a report in the U.S. District Court for Massachusetts this evening that concludes that the fish mislabeling and record falsification to which Mr. Rafael entered a guilty plea had a limited impact on the amount of under-reported catch and the quality of stock assessments in the Northeast.

The report was authored by Dr. Brian Rothschild, Dean Emeritus of the University of Massachusetts, Dartmouth School for Marine Science and Technology.

According to the report, “the under-reported catch effects on fishermen or stock-assessment quality are de minimus.”

It also concluded that “the Sector IX [under-reported catch] relative to the Sector Fleet catch and allocation was less than 1%” and that “the percent of [under-reported catch] of the Sector Fleet catch and allocation was less than 1%.”

Mr. Rafael pleaded guilty in March to several counts, including fish mislabeling, falsifying federal records, tax evasion, and conspiracy. He is scheduled to be sentenced next week.

Read the full report here

The executive summary of the report is included below:

THE EFFECT OF UNDER-REPORTED CATCH (URC) ON THE NEW ENGLAND FISHERY AND STOCK DYNAMICS

B.J. Rothschild

September 18, 2017

EXECUTIVE SUMMARY

Various sources have asserted that the alleged mislabeling of fish by Carlos Rafael, Sector IX, has created harm by 1) reducing the quantity of fish that non-Sector IX fishermen could catch and 2) diminishing the quality of stock assessments used to “optimally manage the fish stocks. The mislabeled fish have been characterized as under-reported catch (URC).  The URC consists of four species of groundfish: yellowtail flounder, cod, sea dabs/American plaice, and witch flounder.  The magnitude and year of occurrence of the URC of each species has been determined by the Department of Justice and stipulated by parties. The years concerned are 2012,  2013,  2014 and 2015.

Our report refutes the assertions of harm.  We show that the URC effects on fishermen or stock-assessment quality are de minimus.

We analyzed the magnitude of the URC in relation to published fisheries statistics and stock assessments conducted by NOAA Fisheries (both GARFO and the Northeast Fisheries Science Center, NEFSC) available to the public from the official website and library resources.

We organized our analysis into three approaches:  1) technical issues, 2) data issues, and 3) five perspectives that analyze the URC in relation to the catches and allocations of the Northeast Multispecies Sector Fishery, to the effort of the Northeast Multispecies Sector Fishery, to the catches and allocations of the entire Northeast Multispecies Fishery, to resource wastage through under-fishing and discarding, and to effects on stock assessments.

The first technical issue explores the URC in the context of overfishing/under-fishing in a simplified setting of a multispecies groundfish fishery.

The second technical issue involves a brief discussion on the effects of fishing and how these effects might relate to URC in terms of immediate effects and consequent effects.  For example, if 20% of the stock was removed as URC, then the catch per unit of effort (CPUE) would decline immediately by 20%.  However, given the complexity of the fishing process it is doubtful whether a change of this magnitude would be observed.  This is especially true for stocks out of equilibrium because a return to equilibrium may cause the stock to either increase or decrease.

The first data issue concerns the assembly of fishery statistics by species and year.  To evaluate the effect of the yellowtail flounder URC or cod URC we combined catch and assessment statistics from the geographically separate areas used by NOAA Fisheries to manage these species.  This was not the case with American plaice URC or witch flounder URC as the management of these species is not split geographically.  With respect to annual fishery statistics,  NOAA utilizes calendar year in stock assessments and fishing year (May 1 to April 30) in the actual management of the Northeast Multispecies Fishery and its component the Northeast Multispecies Sector Fishery in setting Annual Catch Entitlements (ACEs) or Annual Catch Limits (ACLs) and reporting catch statistics.

The second data issue relates to the quality of NOAA stock assessments.  We show that NOAA stock assessments are associated with considerable statistical variability, a conclusion shared by external observers and NOAA expert panels.

The first perspective shows that the Sector IX URC relative to the Sector Fleet catch and allocation was less than 1%.

The second perspective shows that the percent of URC of the Sector Fleet catch on a per species basis is only a few percent.

The third perspective explores how in understanding the harm done by generating URC, it is necessary to go beyond just the magnitude of the URC.  For example, if we examine all 16 stock-year categories we find that the Sector IX URC is zero for some years and species; doesn’t cause the Sector IX ACE to be exceeded when added to the Sector IX catch (all yellowtail flounder URC);  or does cause the Sector IX ACE to be exceeded when added to the catch. The latter case is the harm generated by Sector IX and it occurred in 2015 for cod, American plaice and witch flounder, and in 2013 and 2014 only for witch flounder. These overages, however, put in context of the total ACE of entire Northeast Groundfish Fishery show that the overages amounted to 1%  to 2% and that the actual amounts of ACE overage were several time less than the amount of fish discarded.

The fourth perspective shows that 30-40% of the total Northeast Multispecies Fishery ACE  for the URC species is wasted by under-fishing and discarding and puts into perspective the small magnitudes of the URCs.

The fifth perspective examines the effect of the URC on stock assessments by providing a heuristic example.  While we could not repeat the NOAA stock assessments per se by adding URC to them, we show that the quantities of URC are so small that it is unlikely that they would have had a significant effect.  Our heuristic example utilizes a standard stock assessment technique (virtual population analysis) to evaluate the effect of the URC of witch flounder on estimates of the abundance of the year class of this species most affected by the URC.  It shows that adding the URC to NOAA catch-at-age estimates result in a small increase in estimated year class numbers (2%) or biomass (3%).  This difference is dwarfed by NOAA stock assessments of the same age group of witch flounder that varied by 27% between the two different assessment models it used in its 2015 stock assessment report.

Lastly, with respect to NOAA stock assessments of the URC species, we point out that the stock assessments of all 20 stocks in the Northeast Multispecies Fishery were under review the week of September 11, 2017.  With respect to the URC species, based on deliberations of a NOAA expert panel, all most recent stock assessments have significant flaws affecting the estimation of population sizes and therefore management advice.

 

Jim Kendall: Plenty of guilt to go around on Carlos Rafael

September 18, 2017 — OK, OK, I get it! Carlos Rafael, aka, “The Codfather,” has done some pretty reprehensible things while amassing what seemingly is the largest percentage of ownership of the US multispecies groundfish fleet.

I am not going to try to defend his actions, or his reasoning, but I would like to point out that there is plenty of guilt to go around and some people should not be so quick to point their finger at him alone. What is it that they say about casting the first stone?

Apparently, among his sins is his aforementioned ownership of the largest fleet of multi-species groundfish vessels, as well as some scallop vessels. While this may be true, let us ponder what enabled, abetted, and allowed him to gain such an advantage over everyone else. At this point, he wasn’t breaking the law, he was only taking advantage of it, and of those who most fervently wanted it!

It should be remembered, that the Environmental Defense Fund (EDF), as well as the Conservation Law Foundation (CLF), were several of the earliest, most emphatic, and dedicated supporters for the development, adoption, and implementation of the “Catch Share” program.

Read the full opinion piece at the New Bedford Standard-Times

NCFC Members Support Interior Department’s Reported Marine Monument Recommendations

WASHINGTON — September 18, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of Saving Seafood’s National Coalition for Fishing Communities support Interior Secretary Ryan Zinke’s reported recommendations to alter three marine national monuments. Coalition members are hesitant to comment on leaked recommendations that may not be final, but are offering comment due to the significant media attention this report has already received. The reported revisions to marine monuments will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

According to reports, 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 reportedly 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 reported 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

 

MASSACHUSETTS: CLF teleconference on Rafael agrees on one thing: More monitoring

September 14, 2017 — NEW BEDFORD, Mass. — Less than two weeks remain until the Carlos Rafael trial is scheduled to wrap up with sentencing set for Sept. 25 and 26.

The Conservation Law Foundation held a teleconference Wednesday to discuss the evolution of Rafael’s actions to his guilty plea and potential fallout from sentencing.

CLF attorney Peter Shelley discussed the topic with Togue Brawn of Downeast Dayboat, a commercial scallop company, and Patrick Shepard of the Maine Center for Coastal Fisheries.

“I think it’s fair to say all eyes on are NOAA fisheries and what’s it going to do,” Shelley said.

The answer at this point is no one really knows — at least until sentencing. NOAA has consistently told The Standard-Times it doesn’t comment on ongoing litigation.

However, the CLF teleconference provided recommendations on what can be done in the aftermath of Rafael’s sentencing.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: The Working Waterfront Festival returns: A fest primer

September 14, 2017 — It’s back, baby.

Yup, New Bedford’s famed Working Waterfront Festival, which transitioned to a biennial event following 2015, is back — and looks better than ever.

Clear your calendar for Sept. 23, and head down at the docks to watch whaleboat races and lobstering contests; to eat fresh seafood, sing, dance, climb aboard a fishing vessel and more at the Working Waterfront Festival.

Now I’m the first to admit I don’t know ship about fishing, so when I’ve gone to the Waterfront Fest in the past, I’ve felt like I’m walking into a Discovery Channel documentary.

It’s absolutely eye-opening, utterly fascinating, and a fantastic — and free! — family day trip.

New Bedford is the nation’s most valuable fishing port, and the fest—named one of the world’s “Top 20 Travel Events” by National Geographic Traveler in 2011 — draws people from around New England each year for harbor tours, cooking demonstrations, author talks, folk music and dance, fishing contests, explore vessels, and more.

This year, the fest has a new partner in the New Bedford Fishing Heritage Center, and will be presented in two locations: on Steamship Pier, and at the New Bedford Fishing Heritage Center. The sites will be linked by a free shuttle bus.

Read the full story at the New Bedford Standard-Times

Conservation Law Foundation submits victim impact statement in Carlos Rafael case

September 7, 2017 — NEW BEDFORD — Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case.

The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website.

CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles.

“Discovering there’s been someone who has been systematically trying to undercut management, from our perspective not only harms the fisheries but also the work we’ve done,” senior counsel for CLF Peter Shelley said.

Shelley drafted all three letters. The first, he sent Aug. 29 to the New England Fishery Management Council’s Chair John Quinn and Executive Director Thomas Nies.

The second was addressed to NOAA’s John Bullard, the regional administrator, and Joe Heckwolf, an enforcement attorney, was sent Sept. 1.

The final letter, dated Sept. 6, was addressed to Judge William Young, who presided over Rafael’s plea agreement and will sentence the New Bedford fishing giant on Sept. 25 and 26.

Read the full story at the New Bedford Standard-Times

 

JOHN BULLARD: Set facts straight on scallop recovery

September 7, 2017 — Don Cuddy continues to peddle a simplistic, incorrect and unfair fable about the rebuilding of the scallop stocks that places all credit for the turnaround on the shoulders of Dr. Kevin Stokesbury (“Stokesbury’s science continues to yield scallops for SouthCoast,” Sept. 3).

Mr. Cuddy says that Dr. Stokesbury’s camera work caused Secretary Daley to open up the scallop grounds, causing New Bedford to be the top dollar port ever since. First of all, it was the New England Fishery Management Council that closed the grounds to scalloping in 1994, which allowed the scallops to grow from 40 count to U10′s by 1998 and to spawn several times before being harvested. They certainly deserve some credit for making that courageous decision.

Read the full letter at the New Bedford Standard-Times

 

Don Cuddy: Stokesbury’s science continues to yield scallops for SouthCoast

September 5, 2017 — It’s been a long and busy summer for Kevin Stokesbury and his team of scallop researchers at UMass Dartmouth’s School for Marine Science and Technology. But a lot of sea time, following many months of preparation, has paid off in a big way. “We surveyed the entire footprint of the scallop resource from Virginia all the way up to the Hague Line,” Kevin told me. “That’s 70,000 kilometers square, a huge area. We’re all really jazzed.”

The data was gathered using the system developed by Kevin in the 90′s, dropping underwater cameras mounted on a steel pyramid to the sea bed from the deck of a commercial scalloper. The work began at the end of April and finished in mid-July.

“We sampled over three thousand stations and you can multiply that by four drops at each location. Then multiply that by three because there are three cameras. So that’s a huge amount of information.”

As any fisherman can tell you, SMAST has been doing groundbreaking industry-based research for more than two decades. The drop-camera was pioneered to count scallops on Georges Bank in 1999 and proved a game changer that rescued what was then an ailing industry.

The resulting pictures provided independent evidence that what fishermen had been saying was correct. There were plenty of scallops out there awaiting harvest in spite of what the government survey would have everyone believe.

Read the full story at the New Bedford Standard-Times