Saving Seafood

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

MASSACHUSETTS: New Bedford Fishing Heritage Center program teaches students sea safety

May 10, 2017 — New Bedford Fishing Heritage Center will present programs for more than 1,000 fourth-graders from New Bedford Public Schools in May as part of the national park’s Every Kid in a Park program. These programs will provide students with an introduction to the Center with a focus on Safety at Sea.

Commercial fishing is one of the most dangerous occupations in the nation. During their visit to the center, students will learn how fishermen train to keep themselves safe while at sea. A few students will get to try on survival suits. Center staff and volunteers from the fishing industry will present the program, sharing their knowledge with students.

BankFive provided a grant to support the center’s educational programs.

Educators interested in learning about program options are encouraged to contact the center. Programs can be tailored to the particular interests and grade levels of students.

The center is open free of charge, Thursday through Sunday, 10 a.m. to 4 p.m,. and is located at 38 Bethel St., in the heart of the park. The center is wheelchair-accessible and has free off-street parking.

Read the full story at the New Bedford Standard-Times

HANK SOULE: Rafael: Punishment should fit the crimes

May 9, 2017 — New Bedford fishing mogul Carlos Rafael has now pleaded guilty to a suite of felonies including tax evasion, smuggling fish to shore and cash offshore, false federal reporting, and evading quotas. The Justice Department has worked up a plea deal including four years in prison and seizure of some boats and permits. That suffices for the cash-related crimes, and thanks goes to law enforcement for their long, hard work and the penalties imposed. But it’s not enough.

Rafael has a multi-decadal history of lawbreaking. In 2016 the Boston Globe reported, “Rafael has a history of crime related to his business. He served a six-month prison term for tax evasion in the 1980s and was charged with price-fixing in 1994, though he was acquitted in that case, according to court records. He was also convicted of making false statements on landing slips for commercial fishing vessels in 2000 and was sentenced to probation, according to court records.”

That’s not the half of it. The National Maine Fisheries Service has record of 20 separate admitted violations over the last two decades involving Rafael’s vessels and corporations. They include sub-legal net mesh sizes, missing fishing day declarations and under-counting, quota violations, false reporting, and concealing illicit catch. The boats and scams varied but they all have one common thread: The name “Rafael” stamped on the corporate documentation.

It is no stretch to stipulate that this record, along with the recent case at hand, constitutes prima-facie evidence of repeated, willful, and egregious criminal activity on the part of Rafael. These violations caused unknown harm to fishery resources — by statute, property of the people of the United States — and to all the law-abiding fishermen who have suffered under increasingly stringent regulations (or been forced out of the business entirely). The question at hand is: How to protect the victims and environment alike from this serial offender?

Here’s the rest of the story: In addition to the 13 vessels and permits to be seized, Rafael has another eight vessels and 25 permits still enrolled in the groundfishery. The government has not proposed to restrict those vessels in any way. There are no known sanctions on the offending captains. No additional monitoring of those vessels is planned. In other words: It’s pretty much business as usual, and for Rafael while the loss of those 13 vessels is unfortunate, it’s just one of the costs of engaging in smuggling.

Read the full opinion piece at National Fisherman