Saving Seafood

Carlos Rafael sentencing delayed

July 28, 2017 — The New Bedford fishing mogul known as “The Codfather” has been granted a new two-month delay prior to his sentencing on federal charges of conspiracy, falsifying fish quotas, and tax evasion.

Carlos Rafael, 65, was slated to face sentencing Friday, and could face up to 76 months in prison on the three charges through plea agreement reached with the U.S. attorney’s office March 30.

Federal prosecutors have recommended a prison term of 46 months and an extended time after that of supervised release, but U.S. District Court Judge William G. Young is not bound to abide by that recommendation. All of those terms are far less than the 20 years he could have faced under an original 27-count indictment.

Young, however, granted a motion on July 11 that had been filed by Rafael’s attorney, William H. Kettlewell, asking for more time to resolve what Kettlewell called “a critical component of the overall resolution of this case.” Young and the U.S. attorney’s office agreed to set a new sentencing date for Sept. 25 at 2 p.m., according to spokeswoman Liz McCarthy.

Read the full story at the Gloucester Times

MASSACHUSETTS: Port of New Bedford Launches New Bedford Seafood Brand

July 28, 2017 — The following was released by the Port of New Bedford Harbor Development Commission:

The Port of New Bedford Harbor Development Commission (HDC) will officially unveil their newly created New Bedford Seafood brand at the Seafood Throwdown on July 27 at Custom House Square, beginning at 6pm.

“As America’s top grossing commercial fishing port and largest seafood processing center, New Bedford can rightfully claim the title of America’s Seafood Capital.  But we need to do a better job proclaiming our status to the rest of the world, and that’s where this campaign comes in,” said Mayor Jon Mitchell, who also serves as Chairman of the HDC.

The HDC hired Moore & Isherwood Communications to develop the logo, which features the ever-familiar western rig fishing vessel, the backbone of the Port of New Bedford’s successful commercial fishing industry.

“Outside of our region few people know how important New Bedford and our fishing industry is to providing sustainable, fresh, delicious fish to buyers and consumers everywhere,” says Ed Anthes-Washburn, Port Director.  “The fishing industry and our waterfront is the cultural, economic and political center of our region.  We think it’s important to showcase New Bedford’s seafood at the same level as other brands like Alaskan salmon or Maine lobster.”

In addition to the logo, the HDC worked with students from UMass Dartmouth’s Charlton College of Business and Moore & Isherwood Communications to develop a website where national and international buyers can browse all of New Bedford’s processors and fish houses, and the seafood they sell.

In the future, the HDC has plans to work with local restaurants and fish markets to further identify locally-landed fish and seafood for local residents in an effort to highlight some of the underutilized species, or less popular fish, that are landed in local waters.

Said Anthes-Washburn, “Wild-caught seafood landed in New Bedford is among the last wild protein available to consumers.  It’s healthy, sustainably managed, and by purchasing it you’re supporting local fishermen that reinvest in our communities.” Anthes-Washburn also suggests branching out to species you may not recognize and don’t be afraid to ask your server or seafood purveyor questions. “One of the easiest ways to support our local fishermen is to engage with people in the industry, try new species and ask about different menu items or suggestions!”

The HDC will be unveiling the logo at the Seafood Throwdown, an event they’re hosting in collaboration with the Northwest Atlantic Marine Alliance (NAMA), the New Bedford Fishing Heritage Center, and the New Bedford Farmers Market.

The entire project was generously funded by the Massachusetts Division of Marine Fisheries (DMF) through their Seafood Marketing Program.

The Port of New Bedford is managed by the New Bedford Harbor Development Commission which aims to implement best management practices over port resources and develop economic growth strategies. To this end, it is the goal of the Harbor Development Commission to keep New Bedford on top as the #1 U.S. fishing port, expand existing businesses and capitalize on new opportunities that will maximize The Port’s potential as an economic engine to create jobs and strengthen the New Bedford economy.

MASSACHUSETTS: Annual Seafood Throwdown returns

July 26, 2017 — Two local chefs are preparing to go head-to head in hopes of creating an exciting seafood dish.

The catch? Limited ingredients and time, ensuring this food face-off will be anything but average.

The 9th Annual Seafood Throwdown is set to take place Thursday at Custom House Square, located in downtown New Bedford. This free event aims to entertain the public with fantastic food and new information about up-and-coming developments in the fishing industry.

Kyler’s Catch Seafood Market donated last year’s surprise seafood — Pollock — and will be donating a new fish this year.

Chef Edward Roszak, executive chef at How on Earth and Chef Joe Rego, executive chef at Cask and Pig Kitchen and Alehouse, will be preparing a fish dish and do not know what type of fish they will be cooking until the event begins.

The chefs are allowed to bring three ingredients from home, and upon the unveiling of the fish, they are given $25 to shop at the New Bedford Farmer’s Market, also located in the Square.

Chef Roszak and Chef Rego will have one hour to create a dish that will be evaluated by judges. The categories include use of whole animal, presentation, and originality. Small portions will be available to the public and the chefs will be giving out their recipes for anyone brave enough to re-create the dish.

Read the full story at the New Bedford Standard-Times

Sentencing Approaches for New England’s Carlos Rafael

July 23, 2017 — One of the biggest fishing magnates in the country could be sentenced to prison this coming week, and the forfeiture of his boats could be a big hit for the Massachusetts port where he amassed a small empire.

Between his scalloping and groundfishing boats, Carlos Rafael – nicknamed “the Codfather” — came to be the largest single owner of fishing vessels in New England, and possibly in the country.

But in 2015, undercover IRS agents posed as Russian criminals and convinced him they wanted to buy his entire fleet. Rafael unpacked an elaborate criminal enterprise to the agents — one he said he’d been carrying out for three decades.

Court records show that Rafael valued his business at $175 million. He told the undercover agents the value came from the way he cheated the government quota system. Rafael’s men would haul in a more valuable fish — like cod — and report it as a cheaper species with a much greater quota. Now Rafael is facing prison time for counts including tax evasion and bulk cash smuggling — all of which he admitted to.

But people in New Bedford want to know: What will become of the 13 fishing boats — and all the permits attached to them — that were tied to Rafael’s crimes? Will they be auctioned off on the open market, held by an entity such as the city of New Bedford or perhaps removed from circulation?

Read the full story at NPR

CHRISTIAN PUTNAM: There are plenty of fish in the sea

July 20, 2017 — “The ocean has been over-fished, there are only a few more years of fish out there; and then they will all be gone.”

“There simply are not any more fish in the sea, they have all been taken!”

“The Northeast fishing industry is dead, they have fished themselves out of business.“

These are all common statements one might hear about commercial fishing in the Northeast, although each represents a misunderstanding of the situation. In fact, today these statements are just plain wrong. The Northeast ground fishing industry is in real trouble and has been for some time, which is true. The trouble is not the result of lack of fish. As Fishy Business often points out, the real culprits are poor fishery management by the federal government, incomplete fish stock assessments and bad science.

Be not heavy of heart, there is good news! To start with, there are plenty of fish in the sea. How do we know this? That’s even more good news. Instead of relying on the National Oceanic and Atmospheric Admiration’s (NOAA) Henry H. Bigelow (FSV 225) to survey the same areas of the ocean each year to create fish stock assessments (known by NOAA as, “Index of Relative Abundance”), more organizations are helping to create usable data and a more complete picture. You see, the Index of Relative Abundance tells us what the number of fish in a specific area are compared to prior years. The increase or decrease in fish counted is then extrapolated to represent the entire region.

This is sort of like polling the same people for every election and predicting the behavior or the entire Commonwealth of Massachusetts without taking other factors into account. What other factors? When it comes to fish stocks they might include; climate change (sea water temperature), mortality change, predatory change (for example, more seals), growth rate change and fraud. Fraud? Yes, one explanation as to why NOAA’s fish stock numbers don’t match reality is said to be because of the actions of Carlos Rafael, the “Codfather”, who notoriously underreported his catch. Carlos will be heading to prison for his misdeeds soon, so perhaps the assessments will become more accurate; don’t hold your breath. In short, the fish stock assessment environment is not optimal; but that is changing.

Read the full story at Wicked Local

Former sheriff’s deputy convicted of smuggling in fishing scheme

July 19, 2017 — A former Massachusetts sheriff’s deputy has been convicted of helping a fishing mogul known as “The Codfather” smuggle profits out of the country.

A federal jury in Boston found 47-year-old Antonio Freitas guilty Wednesday of charges of bulk cash smuggling and structuring the export of U.S. currency. The former Bristol County sheriff’s deputy will be sentenced in October.

Prosecutors say Carlos Rafael, who owns Carlos Seafood, Inc. in New Bedford, lied to federal authorities for years about the quantity and species of fish his boats caught to evade federal quotas.

Rafael pleaded guilty in March to federal charges of evading fishing quotas and smuggling money to Portugal.

Prosecutors say Freitas helped Rafael smuggle the profits to Portugal while also working as a Department of Homeland Security task force officer.

Read the full story from the Associated Press at Boston.com

National Coalition for Fishing Communities Members Testify on Magnuson-Stevens Act

WASHINGTON (Saving Seafood) – June 19, 2017 – Two members of Saving Seafood’s National Coalition for Fishing Communities testified at the hearing, “Exploring the Successes and Challenges of the Magnuson-Stevens Act,” held by the Water, Power and Oceans Subcommittee of the House Natural Resources Committee.

Mr. Jeff Kaelin, head of Government Relations at Lund’s Fisheries, Inc. in Cape May, New Jersey and a member of the Garden State Seafood Association, and Mr. Sean Martin, President of the Hawaii Longline Association in Honolulu, Hawaii, offered testimony.

Mr. Nick Wiley, Executive Director of the Florida Fish and Wildlife Conservation Commission in Tallahassee, Florida, was the third witness for the Republican majority.

Mr. Charles Witek, a Recreational Angler and Outdoor Writer from West Babylon, New York, tesitfied at the invitation of the Democratic minority.

In March, New Bedford, Massachusetts Mayor Jon Mitchell delivered written testimony to the Subcommittee on behalf of the NCFC, expressing concerns over the increasing use of marine monuments to manage fisheries in place of the Magnuson-Stevens Act (MSA). According to the mayor and NCFC members, this has undermined the more transparent and collaborative management process established by the MSA.

The following additional information was provided by the Subcommittee on Water, Power and Oceans:

On Wednesday, July 19, 2017, at 2:00 p.m. in 1324 Longworth House Office Building, the Water, Power and Oceans Subcommittee will hold an oversight hearing on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.”

Policy Overview:

  • Recreational and commercial fishing industries are significant drivers of the U.S. economy. Together, the U.S. seafood industry and the recreational fishing industry generate $208 billion in sales impacts and contribute $97 billion to the U.S. gross domestic product. Additionally, these industries support upwards of 1.6 million U.S. jobs.
  • Unfortunately, in recent years, access for commercial and recreational fishing has eroded due to poor science, overbearing regulations, and abuse of Marine Protected Areas – such as Marine National Monuments and Marine Sanctuaries – that often prohibit various fishing activities.
  • According to the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS), nearly 90 percent of federally managed fisheries that our commercial and recreational fishermen are not being allowed to harvest at maximum sustainable levels.
  • This hearing will begin to explore issues facing a number of federally managed recreational and commercial fisheries and identify possible solutions, including potential areas to update the federal fisheries framework via reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act.

Read the Subcommittee’s full memo here

Former seafood wholesaler indicted on tax evasion

July 14, 2017 — A former New Bedford seafood wholesaler was indicted Thursday on two counts of failing to file a tax return and one count of filing a false tax return.

George Esturdante, former owner of Basic Fisheries in Marion, didn’t file tax returns in 2010 or 2011 despite receiving more than $3 million in payments during the two-year period, according to court documents.

Estudante, who currently resides in Virginia, but lived in Marion, also falsely submitted his 2012 tax return, the indictment said.

The indictment states Estudante held a bank account at BayCoast Bank for Basic Fisheries. In 2010, he deposited $1,418,629 into the account. In 2011, he deposited $1,607,726 into the account, the indictment said.

In neither year did Estudante file a tax return.

Then in 2012, he swore on his return that he received approximately $533,078 in gross receipts when his bank account stated he received $744,461.41.

The charge of failing to file an income tax return involves a maximum of one year in prison, one year of supervised release and a fine of $25,000

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Fish Fry Fundraiser to benefit Fishing Heritage Center

July 17, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center will hold its second annual Fish Fry Fundraiser on Friday, July 22nd from 6-11 pm at Cotali Mar Restaurant (1178 Acushnet Avenue).

Guests will enjoy platters of fresh local fish donated by Bergie’s Seafood and prepared by the chefs at Cotali Mar. Live music will be provided by Paul Savoie and Richie Canastra. The event will include a cash bar, and silent and live auctions. Tickets are $35 ($15 for kids 12 and under) and may be purchased by phone or in person at the Center or on line through the Center’s Facebook page. All proceeds will benefit the New Bedford Fishing Heritage Center, a 501c3 non-profit organization. For more information contact the Center at 508-993-8894 or info@fishingheritagecenter.org.

The New Bedford Fishing Heritage Center opened to the public on June 25th. Current hours of operation are Thursday-Sunday 10-4. Located at 38 Bethel Street in the heart of New Bedford Whaling National Historical Park, the Center’s inaugural exhibit From Boat to Table presents all aspects of the industry from the time a keel is laid on a vessel to the time the catch is landed and brought to market. A variety of interactive components include a net mending activity, dress up area, and Eastern Rig style pilothouse designed and built by Fairhaven Shipyard with electronics provided by Furuno USA.

During 2016 the Center will continue to present Dock-u-mentaries, its monthly film/speaker series and Something Fishy, its free summer camp program presented in collaboration with the National Park and Whaling History Alliance. Weekly cruise ship programs and fishermen-led walking tours will be offered during the summer months.  A variety of public programs including author readings, talks, occupational demonstrations, and performances will be presented.  The Center is also working in collaboration with MIT Sea Grant, UMass Dartmouth, UMass Boston, and the New Bedford Free Public Library on a year-long initiative to create a digital archive of fishing community history with funding from the National Endowment for the Humanities.

The Fishing Heritage Center is dedicated to preserving and presenting the story of the commercial fishing industry past, present, and future through exhibits, programs, and archives. For more information visit www.fishingheritagecenter.org.

Court documents suggest Carlos Rafael may sell all permits

July 17, 2017 — Documents filed in U.S. District Court on Thursday suggest that Carlos Rafael’s time as the New Bedford’s “codfather” may be coming to an end.

As part of a motion requesting a sentencing delay, Rafael’s attorney sought “additional time to resolve a critical component” in the case, specifically, “the possibility of a global settlement, which may involve Mr. Rafael exiting the commercial fishing business.”

The request suggests not only the 13 permits subject to forfeiture, but all of Rafael’s fishing permits may wind up with someone else before the sentencing.

″… The parties need additional time to resolve this issue — the result of which may be a critical component of the defendant’s argument to the court at sentencing and may obviate the need for briefing and hearing on the forfeiture issues left open in the plea agreement,” according to court documents.

The parties include Rafael’s defense and counsel for NOAA.

Read the full story at the New Bedford Standard-Times