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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

MASSACHUSETTS: Sunset Cruise to Benefit New Bedford Fishing Heritage Center

September 5, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center will host a sunset harbor cruise fundraiser aboard the M/V Cuttyhunk on Saturday, September 16 from 5:00 p.m. – 7 p.m. Passengers will enjoy live music, a cash bar and light refreshments. Musical entertainment will be provided by Joanne Doherty.

Born and raised on the Southcoast with the working waterfront in her blood, Joanne Doherty spent her childhood climbing on her father’s scallop boats and painting them for summer jobs. For the last fifteen years she’s been performing throughout New England spinning her magic on a wide variety of songs selected from an eclectic catalogue of folk, blues and old standards combining her deft & delicate stylings on guitar and ukulele with a rich smooth voice.

Tickets are $40 and may be purchased at the Fishing Heritage Center. Tickets may be reserved by calling 508-993-8894 or online at http://www.brownpapertickets.com/event/3079097. All proceeds will benefit the Center’s programs, exhibits and daily operations.

Located at 38 Bethel Street in the heart of New Bedford Whaling National Historical Park, the New Bedford Fishing Heritage Center is dedicated to preserving and presenting the story of the commercial fishing industry past, present, and future through archives, exhibits, and programs. The Center is open to the public Thursday-Sunday from 10 a.m. to 4 p.m. For more information, visit www.fishingheritagecenter.org.

Carlos Rafael’s wife petitions for right to claim vessels

August 30, 2017 — NEW BEDFORD, Mass. — Two parties, including Carlos Rafael’s wife, filed petitions in district court claiming they possess rights to the property listed in the preliminary order of forfeiture, according to court documents submitted Monday.

Conceicao Rafael, who is married to Carlos Rafael, laid out in 45 pages her “rights to certain property” listed in the preliminary order of forfeiture.

In seven more pages, Joao Camara laid out his argument to the rights to Southern Crusader II, one of the 13 vessels listed in the preliminary order of forfeiture. Camara claims ownership through a company named R and C Fishing Corp.

Carlos Rafael pleaded guilty to falsifying fishing quotas, tax evasion and smuggling cash in March. As part of the plea agreement, 13 vessels could be forfeited.

Conceicao’s petition includes statements that she was and remains a 50 percent owner with her husband in 11 “relevant companies.” As part owner in the companies, she listed 11 vessels where she possesses “equitable interest.”

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: State Rep. Straus request reveals NOAA has yet to penalize Rafael

August 25, 2017 — NEW BEDFORD, Mass. — Through a public records request, Rep. William Straus said he discovered that NOAA hasn’t disciplined Carlos Rafael since the indictment has been released.

That included an incident on Aug. 5, 2016, which occurred after the indictment, where public records also show that the Coast Guard cited the Lady Patricia, a Rafael vessel listed in the indictment, for “fishing without proper VMS designation.”

NOAA defines its Vessel Monitoring System (VMS) as a system supporting law enforcement initiatives and preventing violations of laws and regulations. It is used as evidence in the prosecution of environmental laws and regulations including regional fishing quotas, the Endangered Species Act, and the Marine Mammal Protection Act.

Rafael pleaded guilty in March to falsely labeling fish quotas, tax evasion and smuggling money.

NOAA said it doesn’t comment on ongoing cases, but it said it isn’t uncommon for the organization to issues penalties after criminal proceedings.

Straus, D-Mattapoisett, had requested from NOAA all charging documents involving Rafael.

“There was a pattern of behavior which concerned me about its impact on what we want to have in terms of managing the fishery,” Straus said.

Read the full story at the New Bedford Standard-Times

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