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MASSACHUSETTS: Opening of Taken Out to Sea: Fishermen’s Photography

May 30, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center is pleased to announce the opening of Taken Out to Sea: Fishermen’s Photography. An opening reception will take place on June 8, 2017 at 7:30 during AHA and will run until July 30, 2017.  This exhibit provides fishermen with an opportunity to share their world.

Commercial fishermen venture off-shore where very few of us will ever go. They experience the beauty of sunrises and sunsets at sea, encounter marine life only seen by most in aquariums, and endure the power of nature at its worst. 

While they can describe all they see, words do not always have the same power as an image.  For many years, fishermen could not truly share their world with their loved ones at home. With the advance of camera technology, fishermen can capture and share images. Come see their photographs as they take us out to sea.

The exhibit is supported in part by an award from the National Endowment for the Arts and  is presented by New Bedford Fishing Heritage Center and Community Economic Development Center.

The Center is open Thursday – Sunday 10:00 a.m. to 4:00 p.m. Admission is free. Located at 38 Bethel Street in the heart of the National Park, the Center is wheelchair accessible with free off-street parking. 

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. For more information please contact the New Bedford Fishing Heritage Center at programs@fishingheritagecenter.org or call (508) 993-8894.

MASSACHUSETTS: Black sea bass poachers on Buzzards Bay return with the season

May 28, 2017 — Harbormaster and shellfish employees waded knee-deep in the Wareham River last weekend, fetching dead, floating fish and dropping them into black plastic trash bags.

Each fish would serve as evidence. An angler had spied Environmental Police seizing 225 black sea bass from another boat and dumped his own illegal catch to avoid arrest.

On the same sunny Sunday, beach-goers snapped cellphone pictures of boats that buzzed to the shoreline to drop off coolers, which Wareham Harbormaster Garry Buckminster believes were filled with illegal fish. The boats then motored back offshore to catch more.

“It’s really a wild west in some of these areas,” Buckminster said.

Black sea bass season had officially begun.

Hundreds of anglers converged on Wareham, Mattapoisett and other SouthCoast communities to take advantage of the pristine fishing conditions and haul sea bass from close-to-shore shallow waters. Most began the recreational season bagging the limit of five per person. But others hauled in 30 times that much, likely with their eyes on the black market, where black sea bass can sell for $5 a pound.

“As long as you have people buying the stuff, people are going to poach it,” Maj. Pat Moran of the Environmental Police said.

Smugglers stow the bass in hidden compartments within their boats, using false bottoms, plastic bags and beer coolers to collect their catch. Then it’s a rush to shore and out of town before they’re spotted by environmental police.

“They’ve really got their racket put together,” Buckminster said. “They’d going to do whatever they can. They’ve got a plan in place and they’re trying to make it happen.”

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Fishermen lost at sea remembered at Seaman’s Bethel

People filled the newly-restored Seamen’s Bethel to the rafters Monday to pay their respects to fishermen who have lost their lives at sea and to pray for the safe return of the men who currently fish the Atlantic.

Retired Probate Court Judge Armand Fernandes and Bruce Oliveira took turns reading nearly 300 names of local fishermen who have been lost at sea. Each time a name was read from the bow of the ship, which is the pulpit at the Bethel, a solitary bell was struck, resonating throughout the confines of the chapel.

Both Fernandes and Oliveira are members of the New Bedford Port Society’s Executive Board. Fernandes is the first vice president and Oliveira is the assistant treasurer and was the chairman of the Development Committee of the more than $3 million restoration of the Seamen’s Bethel and Mariners’ Home on Johnny Cake Hill.

Monday’s event was sponsored by the Offshore Mariners Wives’ Association and the New Bedford Port Society.

As Fernandes and Oliveira read the names, spectators read along with the names of the deceased fishermen listed in their programs.

New Bedford Mayor Jon Mitchell said for most people the commute to work is pretty routine compared to a commercial fisherman. Their commute could be “a life or death event,” he said.

“It is dangerous out there, very dangerous,” and the stress and uncertainty weighs heavily on the families in the fishing community, he said.

Read the full story at the New Bedford Standard-Times

Carlos Rafael wins sentencing delay

May 24, 2017 — The sentencing of New Bedford fishing mogul Carlos Rafael has been moved off another month and he now is expected to hear his fate on July 28 in U.S. District Court in Boston.

Rafael, who pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion, requested the extension. He said he needs more time gather and provide the relevant — and voluminous — financial records that are the center of the federal government’s case against him.

Rafael, 65, initially was set to be sentenced by U.S. District Court Judge William G. Young on June 27.

“The short continuance requested in this motion will allow Mr. Rafael to complete this process such that the information can be presented in the pre-sentence report and considered at sentencing,” William H. Kettlewell, Rafael’s attorney, wrote in his motion for the extension.

Prosecutors did not oppose the extension.

Under his plea agreement with federal prosecutors, Rafael may have to surrender up to 13 of his groundfishing vessels and must pay almost $109,000 in restitution to the Internal Revenue Service.

Rafael, known throughout New England as the “Codfather” because of his vast vessel and permit holdings, could face up to 76 months in prison on the three charges — far less than the up to 20 years he would have faced under the original 27-count indictment.

Federal prosecutors have recommended a prison sentence of 46 months and a significant period of supervised release.

Read the full story at the Gloucester Times

EDF proposes steep fines on Rafael to create ‘Groundfish Monitoring Fund’

May 23, 2017 — Carlos Rafael can do some good for the fishing industry, fishermen and fish stocks he so badly damaged during his decades of fraud, argue Environmental Defense Fund (EDF) leaders Matt Tinning and Johanna Thomas in a recent opinion piece in South Coast Today. 

“Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.”

Specifically, they call for the creation of a a Groundfish Monitoring Fund. Tinning is senior director of the EDF’s US oceans program; and Thomas is the New England regional director for EDF.

They argue, “One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet,” they state in the article. “Only one out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

“A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.”

Read the full story at Undercurrent News

EDF: Rafael’s assets should be seized, fund fishery restoration

May 21, 2017 — After decades of fraud, Carlos Rafael can finally do some good for the fishing industry, fishermen and fish stocks he so badly damaged.

Mr. Rafael reaped tens of millions of dollars, mislabeling millions of pounds of fish to mislead regulators and exceed quota limits. In the process, he was not just breaking the law — he was undermining sustainability in the New England groundfish fishery, cheating his fellow fishermen of their future.

Mr. Rafael amassed an empire of more than 40 fishing boats and 44 fishing permits, making his one of the largest commercial fishing companies in the country. Now, having pleaded guilty to a raft of charges including false labeling, conspiracy and tax evasion, he faces the potential for serious jail time when he is sentenced on June 27. But that should just be the beginning. NOAA, the IRS and the federal judge in this case have an unprecedented opportunity to dispense justice in a way that can transform this iconic fishery.

Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.

Specifically, we are calling for the creation of a Groundfish Monitoring Fund. One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet. Only 1 out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.

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

JOHN PAPPALARDO: What justice looks like for our fisheries

May 20, 2017 — The high-profile arrest of Carlos Rafael followed by his guilty plea to lying about the fish he caught and sold is final proof of the existence of a devastating rogue wave that has battered the historic New England fishery.

Rafael tainted an entire industry, making fools of hardworking, honest fishermen who have been playing by the rules under increasingly difficult circumstances.

It’s entirely possible that his illegal reporting distorted the scientific analysis that powered our fish population assessments. By mislabeling depleted species and selling them as abundant species, Rafael kept scientists from making honest estimates of how much fish actually was in the water. Public policy was built on bad assumptions, which in turn created double damage — lowering limits on the amount of fish honest fishermen were allowed to bring to shore while at the same time stealing the resource we are all committed to rebuilding.

Now comes the crucial question: What does justice look like in the aftermath of an admitted economic and environmental crime of this magnitude?

First, Carlos Rafael should be banned from commercial fishing, forever.

Second, the fishing quota he owns (pounds of fish allowed to be landed each year) should be redistributed to all of the fishermen in our region, because they are the ones most damaged by his criminal enterprise.

Third, additional revenue on his assets, whether from outright confiscation and sale, or fines and penalties, should be used to fund major improvements in how our fisheries are monitored and studied. This is the only way to assure that the same thing won’t keep happening over and over again, to protect honest fishermen and to revive fish populations.

While most fishermen are hardworking and law-abiding, making a living in a dangerous but gratifying way, we need to acknowledge that Rafael is not the only person to game the system (though he’s likely the worst). This is the moment to learn from what he was able to pull off and shut the door on anyone who aims to steal public resources from the ocean, other fishermen and the American public.

By Rafael’s own estimation, his fleet is worth between $75 million and $100 million. In the plea bargain proposed in return for his guilty plea, only 20 percent of his holdings (13 vessels and permits worth about $15 million) would be confiscated. This would leave him with $60 million or more of assets.

Read the full opinion piece at the Cape Cod Times

PORTLAND PRESS HERALD: Catching ‘The Codfather’ should just be first step

May 15, 2017 — Two years ago, Carlos Rafael let it be known that he was ready to sell his New Bedford, Massachusetts-based fishing fleet and wholesale seafood dealership, a business that had combined assets of about $20 million.

But in a meeting with a couple of potential buyers from Russia, Rafael said the real asking price was $175 million and he assured them it would be well worth it. Pulling a ledger labeled “cash” from his desk drawer, the fishing mogul showed how he was able to falsify records to get around both tax law and fishing regulations, netting him millions of dollars in unreported income derived from systematically violating conservation limits.

But the buyers turned out to be undercover agents. And that’s how the feds finally caught up with “The Codfather.”

On March 30, Rafael pleaded guilty in federal court to a 28-count indictment that included charges of tax evasion, falsifying fishing quotas and conspiracy. He is facing up to six years in prison at his sentencing next month, but how much time he will spend behind bars is only one of the many questions that need to be resolved.

What will happen to his fishing fleet and its associated permits? Thirteen boats were connected with the indictment, and they are subject to seizure. But what about the rest of his 40-vessel fleet and wholesale business, which is still operating?

Read the full opinion piece at the Portland Press Herald

JOHN PAPPALARDO: Rafael Should be Permanently Banned from Fishing, Redistribution of Quota

May 15, 2017 — SEAFOOD NEWS — Carlos Rafael pled guilty to running a massive criminal enterprise that stole from honest fishermen and undermined the fisheries as a whole.  One of his quotes offers a revealing insight into his perspective:

“This is America; anything can happen, with money behind it.”

Let’s put his money to work fixing the fishery he badly damaged.

Carlos Rafael should be banned from commercial fishing forever. The fish quota he owns should be redistributed to all the fishermen he harmed. That’s what existing regulations mandate, that’s what many in the industry believe, and we agree.

But we can demand and expect more. Honest fishermen have not been playing on a level field with the likes of Carlos. We need to make sure they aren’t put in that position again.

To do that, we must invest some of his illegal gains in fishing’s future by improving dockside monitoring, expanding electronic monitoring and increasing fishermen-scientist collaborations to get better fish counts.

We can transform this moment into an opportunity to create the oversight and infrastructure necessary to make honest, long-term success possible for our iconic fishery.

This can happen, and Carlos Rafael’s money should be behind it.

This letter originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission. 

Prices diving for largest US scallops

May 12, 2017 — US fishing vessels have been landing lots of larger scallops since fishing started in March, bringing prices down rapidly.

So far, landings have been largely U10s and 20/30s, a source with a large New Bedford, Massachusetts-based buyer told Undercurrent News.

“At today’s auction we saw a lot of U10s. Daily catch rates have started high and with plenty of large scallops,” the source said.

Prices at the New Bedford auction illustrate this.

Early in April (April 10), prices were as follows, according to information seen by Undercurrent:

U10s caught in the Nantucket Lightship scallop access area went for an average $16.96 per pound; U12s from the same grounds for $16.66/lb; 10/20s from the Elephant Trunk flex access area sold at $9.63/lb; and 20/30s from the Mid-Atlantic access area went for $9.38/lb.

By April 26 these were down across the board: U10s down 4% at $16.31; U12s down 8% at $15.38/lb; 10/20s down 6% at $9.07/lb; and 20/30s down 6% at $8.80/lb.

However the real drop has come in May. On May 11 these corresponding prices were down, compared to April 10:

U10s by 19%, to $13.70/lb; U12s by 25% to $12.50/lb; 10/20s by 22%, at $7.51/lb; and 20/30s by 20%, at $7.47/lb.

“The catch rates have been outstanding,” a second source, who works at a fishing company, told Undercurrent. “So, people are trying to figure out if we are going to have 50-55 million pounds, which is a lot more than we have been getting.”

Read the full story at Undercurrent News

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