Saving Seafood

MASSACHUSETTS: Mitchell sends NOAA letter requesting Rafael permits stay in New Bedford

June 21, 2017 — Mayor Jon Mitchell penned a letter to NOAA regarding Carlos Rafael’s permits, a day after Maine’s congressional delegation signed a letter regarding the permits.

In an argument consisting of four pages, Mitchell provided legal precedent for the Department of Justice and NOAA to punish Rafael, while also keeping the 13 fishing permits in question in New Bedford. He likens Rafael’s case to those cases involving wrongdoing by the head of a large business. He states, “It is common for the government to tailor punishment so as to avoid harm to others who were not involved.”

Rafael’s business employ 285 fishermen.

Mitchell suggested Rafael sell his entire business to other New Bedford companies, forfeiting the proceeds to the government. It would entirely exclude Rafael from fishing despite possessing more permits than the 13 in question.

“If the Service affords him a reasonable opportunity to fully divest himself in such fashion,” Mitchel wrote. “The government can accomplish its enforcement goals and avoid harm to employees and other businesses.”

On Monday, U.S. Senators Angus King and Susan Collins, along with members of Congress Chellie Pingree and Bruce Poliquin, drafted a letter to U.S. Secretary Wilbur Ross stating the permits should be redistributed among “all eligible permit holders in the fleet.” The Congressional delegation cited the Magnuson-Stevens Act to justify its belief.

Politicians and organizations have jockeyed for leverage regarding the final destination of the permits almost immediately after Rafael pleaded guilty to 28 counts including falsifying fishing quotas, false labeling, conspiracy and tax evasion at the end of March.

Read the full story at the New Bedford Standard-Times

New Bedford Mayor Calls on NOAA to Protect Innocent Parties in Rafael Case

June 21, 2017 (Saving Seafood) – The mayor of New Bedford, Massachusetts is calling on NOAA to protect the innocent, preserve waterfront jobs, and avoid economic harm as the Carlos Rafael case nears the end of its sentencing phase. Citing long-standing Department of Justice rules, Mayor Jon Mitchell urges the federal government, in a letter to then-Acting NOAA Assistant Administrator for Fisheries Sam Rauch, to resolve the case in a way that minimizes harm.

The mayor noted that Department of Justice policy “directs federal prosecutors to take into account the effect their decisions may have on innocent third parties.” He cites the Principles of Federal Prosecution (Section 9-28.1100), which “speak directly to the possible need for restraint in cases of corporate misfeasance, where punishment that results in the demise of the business itself would cause harm to employees, shareholders, suppliers and other constituents of the business.”

Mr. Rafael, owner of one of the largest groundfish businesses in New England, pled guilty in March to fish mislabeling, falsifying federal records, conspiracy, and other charges. The sentence is expected to be handed down in July.

Mayor Mitchell acknowledges that Mr. Rafael’s sentence should result in the forfeiture of his groundfish permits and “be sufficient to deter others from engaging in similar misconduct.” But the mayor also warns that it should be handled in a way that is least disruptive to the hundreds on the New Bedford waterfront who depend on the businesses that are based around those permits.

“Although I believe that Rafael should not be allowed to profit from permits he has abused, numerous others in Greater New Bedford, who played no part in his fraudulent scheme, also depend on the landings associated with those permits for their livelihoods,” the mayor writes. “The decisions concerning the forfeiture or revocation of Rafael’s permits should take their interests into account.”

The mayor, who as a former Assistant U.S. Attorney worked with NOAA law enforcement on several successful prosecutions prior to serving as mayor, contends that there is existing precedent for such a decision, pointing to past sentencing practices.

By allowing Mr. Rafael to transfer his permits to willing buyers in New Bedford, and transferring the profits of the sale of those permits to the government, the mayor argues that the federal government can achieve its main goals—“a clear general deterrence message and the removal of Rafael from the business of fishing”—without causing harm to workers in New Bedford.

The mayor also notes that this option may be the only way for the government to compel Mr. Rafael to leave the fishing industry entirely.

“If, as it appears, the government does not have sufficient evidence or the legal authority to pursue the forfeiture all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits, largely to fish for scallops,” the mayor writes. “This scenario would result in harm to the businesses that rely on his groundfish landings, while Rafael could continue to profit from scallop landings—— even from his jail cell.”

According to the mayor, those in New Bedford who would be affected by any permit forfeiture include 285 fishermen who are directly employed by Mr. Rafael, as well as hundreds more directly employed in supporting businesses. Many businesses on the waterfront—“gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumpers, ice houses, truckers”—depend on Mr. Rafael’s permits for a significant portion of their revenue.

“Approximately seventy percent of the fuel supplied to fishing vessels by Bay Fuels, a fueling company based on the New Bedford waterfront, is sold to Mr. Rafael; thirty percent of the fishing gear manufactured by New Bedford-based Reidar’s Trawling is sold to Mr. Rafael; and seventy five percent of the groundfish landed at the Whaling City Display Auction is landed by Rafael’s boats,” the mayor writes.

The Port of New Bedford as a whole also relies on Mr. Rafael’s businesses for diversity in its landings. If Mr. Rafael’s permits were dispersed, the Port would be forced to rely almost solely on revenues from one species, Atlantic scallops, making it more vulnerable to potential downturns.

Read the full letter here

 

MASSACHUSETTS: New Bedford Fishing Heritage Center marks first anniversary

June 20, 2017 — The New Bedford Fishing Heritage Center will celebrate its first anniversary on June 24 and 25 with a model boat show, walking tours, performances of maritime music and storytelling, and anniversary cake.

“Big Boats, Little Boats” will take place from 10 a.m. to 3 p.m. at the center and on Pier 3 in New Bedford on Saturday, June 24. This free event features a model boat show, walking tours of the working waterfront, a fishing vessel tour, mini-tugs dockside at Pier 3 and center exhibits. In addition, Whaling City Expeditions will offer harbor tours at a reduced rate with coupon.

That evening, The Souls of the Sea Trio will perform from 7 to 9 p.m. The benefit concert takes place under a tent at the center and features Allen Estes, Sal Baglio and Matt Leavenworth. These three nationally acclaimed singers, songwriters and musicians perform musical tributes to the lives and experiences of the fishermen of the North Atlantic and their families. Their original and musically diverse songs are a unique interpretation of life around the working waterfront. A cash bar will be open. Tickets for the concert are $20 and all proceeds benefit the center.

On Sunday, June 25, the public is invited to the anniversary party from 11 a.m. to 2 p.m. The New Bedford Harbor Sea Chantey Chorus kicks off the event at 11. Following welcome remarks by Executive Director Laura Orleans and Board Chair Phil Mello, anniversary cake by Ellen’s Creations and ice cream from the Ox Cart will be served. Storyteller Jackson Gillman will perform at 12:45 p.m. In addition, children can make crafts and the Ox Cart will sell additional food and beverages.

Read the full story at the New Bedford Standard-Times

Can Offshore Wind Power Revive U.S. Ports?

June 19, 2017 — This salt-caked fishing port has been flush with wind prospectors ever since Massachusetts legislators passed a law for massive wind development in the shallow waters south of Martha’s Vineyard.

Ed Anthes-Washburn, a local port official, estimates he gives five harbor tours a month to wind industry representatives. Planning for the industry’s arrival now occupies much of his time, alongside proposals to redevelop several old industrial sites and a Seattle-style fish pier.

“It started Aug. 8, the day the governor signed the bill,” Anthes-Washburn said, gazing out over the harbor here, where a mass of fishing trawlers, scallopers and clam boats formed a rocking forest of rigging and nets. “It’s been pretty consistent since then.”

States up and down the Atlantic coast are rushing to become the capital of America’s burgeoning offshore wind industry, hoping the massive turbines will breathe new life into ports mired by a shrinking fishing industry and a flagging industrial base.

Maryland officials last month approved renewable energy credits for two developments totaling 368 megawatts off their shores in a bid to transform Baltimore and Ocean City into the industry’s manufacturing and maintenance hub in the Mid-Atlantic (Climatewire, May 12).

Lawmakers in New Jersey are counting down the days until Gov. Chris Christie (R) leaves office early next year, when they plan to restore their own credits for offshore wind developments (Energywire, June 9).

In New York, Gov. Andrew Cuomo (D) wants to bring 2,400 megawatts of wind power online by 2030 (Energywire, Jan. 11).

But few places are betting on offshore wind quite like New Bedford.

Read the full story at the Scientific American

Maine congressional delegation asks forfeited groundfish permits be redistributed through Northeast

June 19, 2017 — Sens. Susan Collins and Angus King and Reps. Chellie Pingree and Bruce Poliquin sent a letter Monday to U.S. Department of Commerce Secretary Wilbur Ross asking that the 13 groundfish permits forfeited by Carlos Rafael — a New Bedford fisherman who has pleaded guilty to 28 federal counts of tax evasion, falsifying fishing quotas and conspiracy — be redistributed to fishermen throughout the Northeast, not only New Bedford.

In their letter, the Maine congressional delegation said that groundfish permits embody a shared resource and, as such, should be returned to groundfish fishermen in “a fair and uniform manner.”

“Mr. Rafael’s grave and extensive disregard for both the law and sustainable fishing practices is a setback to the recovery of the beleaguered Northeast multispecies (groundfish) fishery, and has done, and will continue to do, financial harm to fishermen from Maine to New York,” the delegation wrote.

“These fishermen, who have complied with federal quotas and regulations, were forced to compete with this illegal activity and now must endure its repercussions on future stock assessments,” they wrote. “For these reasons, we believe the National Marine Fisheries Service (NMFS) should cancel each of the groundfish permits that Mr. Rafael currently holds and reallocate the fishing privileges associated with such permits to all eligible permit holders in the fleet.

“We are specifically troubled that the City of New Bedford (where Mr. Rafael’s enterprise is based) is seeking to acquire control of his permits. We believe, instead, that all members of the fleet, including those in New Bedford, who have been disadvantaged by Mr. Rafael’s illegal activity, deserve a share of the rights to access these permits once remanded back to NMFS,” the delegation wrote.

Read the full story at the Bangor Daily News

NEW BEDFORD STANDARD-TIMES: Rafael’s assets could fund observer program

June 18, 2017 — Any discussion of fishery management nowadays — official and casual alike — is likely to include musings on what should happen to the assets forfeited by Carlos Rafael as punishment for his recent crimes.

Mr. Rafael pleaded guilty to charges related to his falsifying landing records and laundering cash, and is scheduled to be sentenced in late July.

The courts are working to untangle the IRS and fisheries crimes, dealing with them at one time.

A careful distinction between tax penalties and fishing penalties must be made.

The penalties for the tax crimes will be arrived at through IRS rules and laws.

The penalties for fisheries crimes are stipulated in NOAA regulations. They provide great latitude in application, from a slap on the wrist to a permanent end of fishing for Carlos Seafood. The defense is making an argument that Mr. Rafael’s influence on the fishery is so important — due to his size — that economic harm to others would be too great if he were to be sanctioned too severely.

Infractions in the fishery will result in proceeds from fines and from 13 forfeited permits and vessels, and they should be applied toward remedies for the management system’s failures. Carlos Rafael’s criminal enterprises represent Exhibit 1 of those failures.

While his acknowledged cheating predates the current regulatory regime of sectors and quotas, certain vital aspects of the management of groundfish stocks remain inadequate, including compliance. Managers have been trying to force 100 percent monitoring on fishing trips, but the requirement that vessels cover the cost has prompted a lawsuit, ad hoc funding from the NOAA Fishery Science Center budget, and postponement of implementation. None has solved the problem, and only about 1 in 7 trips is observed. Fishermen may well be fishing differently with an observer, hewing closely to the rules when observed, only to resort to landing all they can when not. Researchers have been able to compare landings from the monitored trips against the others to make inferences about that difference, although Mr. Rafael’s schemes have confounded that effort to no small degree. Furthermore, the financial balancing act that seeks to ease the cost burden on the beleaguered industry could become a much less complicating factor if 100 percent electronic monitoring were to be implemented with those windfall funds.

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

JOHN BULLARD: There Is No Silver Bullet for Groundfish

June 16, 2017 — The great philosopher Yogi Berra said, “You can observe a lot by watching.” You can also learn a lot by listening. I try to do a lot of listening. I think it’s the most important part of my job, and of all of our jobs at the Greater Atlantic Regional Fisheries Office and the Northeast Fisheries Science Center.

With all of the activity in the last couple of months, there has certainly been a LOT to listen to. For example, we held recreational roundtable meetings in New Jersey and New Hampshire and a commercial roundtable in New Bedford. We also attended the New England and Mid-Atlantic Fishery Management Council meetings and an Atlantic States Marine Fisheries Commission meeting. And let’s not forget the daily meetings, emails, and phone calls with stakeholders.

What did we hear? We heard about recreational catch estimates and allocations among different fishing sectors. We heard reports on the Standardized Bycatch Reduction Methodology and observer coverage for last year and next. We heard progress reports on electronic monitoring projects. And, in every hallway, there has been talk of the Carlos Rafael case and its potential impact on the groundfish industry.

While obviously I can’t comment on the specifics of an ongoing case, I am going to comment on a larger issue that I think is important. To put it briefly: There’s no such thing as a silver bullet.

When people come up to me passionately lamenting that Amendment 18 will not do enough to address consolidation within the groundfish fleet, I understand their passion. The power of a very large fleet can be misused. But, I wonder if they are looking to Amendment 18 to be a silver bullet that will singlehandedly solve this problem.

Some blame sector management for our troubles. I don’t buy it. Instead, I see the ability of the private sector to manage quota with accountability, flexibility, and initiative. All of these are necessary ingredients for a healthy fishing industry, especially in tough times.

At many meetings, people line up to decry the science and management. And yet, some of the same people who condemn the status quo are the ones who advocate for no action. It causes me to wonder whether or not we share the same sense of urgency towards improving the accuracy of our data, which is needed to gain more confidence in our scientific models, which is needed to improve our management. The status quo is short-sighted and leaves us with few options.

I see a system under a lot of stress. When there is a lot of stress, there is a tendency to blame:  Blame the science. Blame woeful observer coverage levels. Blame errors in reporting or illegal discarding. Blame the management. Blame fleet consolidation or the sector system. Blame overfishing over the years. Blame warming ocean waters. Blame NOAA Fisheries. Blame the Councils. Point the finger somewhere.

Just as there is the tendency to blame, there is also the quest for the silver bullet. While understanding causes is essential to providing solutions, an emphasis on blame can be distracting and destructive, especially if the fingers never point in the mirror. The solution is likely to be a network of responses rather than a single answer. A network that will provide accuracy, accountability, and efficiency.

I think that network of answers has several fundamental elements:

  • A renewed management focus on optimum yield and business flexibility that follows on the heels of improved monitoring and complete accountability, and that provides diversity and stability to the groundfish fleet.
  • A revamped Office of Law Enforcement that will continue to help fishermen comply with the rules and root out the few bad apples. Nearly every single fisherman works hard to comply with complicated regulations to bring quality seafood to the consumer. So when the occasional violator decides the rules don’t apply to him, that person is stealing from his neighbors and emboldening others to cheat, and needs to be brought to justice. Our Law Enforcement team is doing just this with increasing efficiency.
  • An improved monitoring program that will provide full accountability and full coverage. The program will tap into emerging technologies with increased use of electronic monitoring coverage by either the “trust but verify model” or “maximized retention/ dockside sampling model.” The resulting increase in accuracy and shared sense of responsibility for effective monitoring and management of this fishery may allow uncertainty buffers to be reduced, which could then allow us to increase quotas.
  • Improved and integrated science that includes fishermen and their insights into the design, implementation, and interpretation of science, a wider understanding of ecosystem changes, and better communication and coordination with stakeholders, all of which ultimately leads to wider acceptance of results. The best science is transparent, timely, adaptable to our rapidly changing environment, and allows us to make better management decisions.

There is no silver bullet. Each of these elements is equally important in transforming the groundfish fishery into a one that provides a stable source of protein for U.S. consumers, and a stable source of jobs for New England fishermen.

New England groundfish is certainly not the only fishery with high profile enforcement cases or challenging scientific questions. But these issues are most acute in groundfish—one of the most iconic and complex fisheries in the world. The fishery has been dealt a series of devastating blows, and the cumulative effects have finally caught up to us.

Yogi Berra also said, “When you come to the fork in the road, take it.” Well we’re at a fork in the road in groundfish management. The status quo has gotten us record low abundance in some stocks, arguments about the science, pressures to discard legal fish that have proven as irresistible to avoid as they are to acknowledge, and all of us skirting the truth in many ways at a cost to the fishery and future generations. Seeking accuracy should not be something that anyone gets penalized for. Rather, we must remove the disincentives for full accountability and full coverage. We have to bring illegal discarding out of the shadows. Talk about it. Acknowledge it. Account for it.

If anyone thinks that the status quo is good enough, then they haven’t been paying attention.

Read the full statement here

MASSACHUSETTS: New Bedford Fishing Heritage Center Celebrates First Anniversary

June 13, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center invites the public to join us as we celebrate our 1st anniversary on June 24th and 25th.  The weekend will feature a model boat show, walking tours, performances of maritime music and storytelling, and anniversary cake. 

On Saturday, June 24th, Big Boats, Little Boats will take place from 10:00 a.m. to 3:00 p.m. at the Center and on Pier 3.  This free event features a model boat show; walking tours of the working waterfront; a fishing vessel tour; mini-tugs dockside at Pier 3; and Center exhibits.  In addition, Whaling City Expeditions will offer harbor tours at a reduced rate with coupon. 

That evening, The Souls of the Sea Trio will perform from 7:00 p.m. to 9:00 p.m. The benefit concert takes place under a tent at the Center and features Allen Estes, Sal Baglio, and Matt Leavenworth. These three nationally acclaimed singers, songwriters, and musicians perform musical tributes to the lives and experiences of the fishermen of the North Atlantic and their families. Their original and musically diverse songs are a unique interpretation of life around the working waterfront. A cash bar will be available. Tickets for the concert are $20 and all proceeds benefit the Center.

On Sunday, June 25th, the public is invited to the anniversary party from 11:00 a.m. to 2:00 p.m.  The New Bedford Harbor Sea Chantey Chorus kicks off the event at 11:00 a.m. Following welcome remarks by Laura Orleans, Executive Director, and Phil Mello, Board Chair, anniversary cake by Ellen’s Creations and ice cream from the Ox Cart will be served.  Storyteller Jackson Gillman will perform at 12:45 p.m.  In addition, children’s craft activities will be available and the Ox Cart will be selling food and beverages.

The Center is grateful to BayCoast Bank and the National Endowment for the Arts for their generous support of these events.

The New Bedford 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. The Center is open free of charge, Thursday through Sunday 10:00 a.m. to 4:00 p.m. and is located at 38 Bethel Street, in the heart of the National Park. The Center is wheelchair accessible and has free off-street parking. For more information, please email programs@fishingheritagecenter.org or call the Center at (508) 993-8894.

Fish council likely give input on Rafael permits

June 13, 2017 — The New England Fishery Management Council could adopt a formal recommendation to NOAA Fisheries on the ultimate redistribution of Carlos Rafael’s groundfish permits when it convenes next week in Portland, Maine.

The council, set to meet next Tuesday through Thursday, faces a busy agenda of items, including a summary of public comments on groundfish monitoring, as well as possible final actions on the coral amendment and the framework dealing with skates.

But the question of what should happen to Rafael’s stable of more than 40 groundfish permits once the New Bedford fishing magnate is sentenced — now scheduled for July 28 — may generate the most heat at the three-day meetings.

“That issue has generated a lot of interest and opinion among the fishing community and the council could develop an official comment that could be positioned in a recommendation letter to (NOAA Fisheries),” said Janice Plante, council spokeswoman.

The council is set to hear from its Groundfish Committee late next Tuesday morning, including a discussion on the interim final rule for 2017 and 2018 fishing sector operation plans and “whether measures or restrictions should be recommended for Sector 9 due to misreporting by sector vessels.”

As part of an agreement with federal prosecutors, Rafael pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion. The man known on the docks as “The Codfather” may have to surrender up to 13 of his groundfishing vessels — which continue to fish as members of Northeast Fishing Sector 9 — and will pay almost $109,000 in restitution to the Internal Revenue Service.

The commercial groundfish industry has roiled over the question of what to do with all of Rafael’s groundfish permits now that he has pleaded guilty to multiple federal charges.

Officials and fishing stakeholders in New Bedford have insisted the permits should remain there, even if divvied up to other groundfishermen. Other stakeholders — such as Maggie Raymond, executive director of the Associated Fisheries of Maine — argue that Rafael should be stripped of all of his permits.

Read the full story at the Gloucester Times

Director of New Bedford Fishing Heritage Center to receive Massachusetts History Commendation

June 7, 2017 — The following was released by the New Bedford Fishing Heritage Center: 

The New Bedford Fishing Heritage Center is pleased to announce that its Executive Director, Laura Orleans, will receive the Massachusetts History Commendation at this year’s Massachusetts History Conference.  The award recognizes individuals who have made an outstanding contribution to the interpretation and presentation of Massachusetts history.  The award ceremony will take place at the 2017 Mass History Conference to be held on June 12 at the College of Holy Cross, Worcester. 

Ms. Orleans will be recognized for her more than 20-year commitment to documenting and presenting community history of New Bedford’s working waterfront. Her work emphasizes programming that gives voice to those who are often unheard and helps communities find common ground. These ideals drove her early career as an ethnographer and folklorist and also led her to more recent work as Founding Director of both the Working Waterfront Festival and the New Bedford Fishing Heritage Center. Orleans is also an Archie Green Fellow with the Library of Congress, documenting workers in the shore-side trades of the New Bedford/Fairhaven fishing industry. 

Now in its 13th year, the Massachusetts History Conference draws hundreds of organizations each year to discuss preserving, interpreting, and deepening the exploration of Massachusetts history. This year’s conference will focus on the ways that public history organizations and institutions large and small inspire and engage audiences and constituencies.  

The event is co-sponsored by Mass Humanities and a coalition of historical organizations around the state. The full program and registration information are available online at masshumanities.org. Mass Humanities joins the rest of the conference committee in congratulating the awardees. 

The New Bedford 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.