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MASSACHUSETTS: Labor Council latest to make plea for Carlos Rafael permits to remain in New Bedford

May 8, 2017 — The line of organizations with their eyes focused on the future of Carlos Rafael’s fishing permits continued to grow Friday.

The Greater Southeastern Massachusetts Labor Council addressed a letter to John K. Bullard, NOAA’s regional director from Maine to Cape Hatteras, North Carolina, as well as U.S. Attorney William Weinreb that urged the two men “to allocate the fishing permits now controlled by Carlos Rafael to the New Bedford area.”

“We sent a letter basically because of the fishing industry in New Bedford,” Cynthia Rodrigues, president of the council said. “(The permits landing elsewhere) will hurt the fishing in New Bedford.”

Bullard said he couldn’t comment on matters under litigation but saw no issues with parties announcing their opinions on the matter.

“I think it is perfectly fine for people to weigh in on what they think should happen in this case. It is a significant case and many people have been impacted,” he said. “There is nothing wrong with people letting us know how they feel about this case or what they think the government should do. That is perfectly appropriate at any time. But the case is under litigation.”

Read the full story at the New Bedford Standard-Times

Other New England Groundfish Sectors Demand Equitable Distribution of Rafael Permits

May 8, 2017 — SEAFOOD NEWS — The Sustainable Harvest Sector, one of the fishery cooperatives authorized by the New England Fishery Management Council, has called again for NMFS to redistribute Carlos Rafael’s fishing permits to the entire industry, by returning the catch history to the entire region.  Below is a statement from the Board of this Sector, making the case as to why NMFS should act in this manner. [Saving Seafood Editor’s Note: The Board of this Sector consists of Frank Patania, Anthony Fernandes, Phil Ruhle, Jr., Maggie Raymond, James Odlin, Marshall Alexander]

They also rightly state that any geographic preference, such as permanently awarding a portion of quota to New Bedford, requires an extensive public consultation and rulemaking, as such geographic allocations are outlawed under Magnuson except in very special and specific cases.

Fair and Just Compensation in the Case of Carlos Rafael

As Carlos Rafael’s criminal case of money laundering and fishery fraud winds toward closure, the National Marine Fisheries Service must confirm how to re-allocate Rafael’s fish harvesting privileges.  The government plans to seize thirteen vessels and fishing permits. That still leaves Rafael with dozens more boats and permits to continue operating, and many fishermen believe he should be expelled from the fishery entirely.  But whether it’s thirteen permits seized or the three dozen he owns, each one has some amount of fishing rights ‘attached’ to it which must be re-allocated.

The New England Fishery Management Council is the primary federal body which controls quota allocation, and it already has a re-allocation mechanism in place.  Several years ago, the Council voted that the harvesting rights attached to any permit surrendered to the government would be proportionally redistributed to all remaining permits in the fishery.

Though the Council perhaps did not envision a seizure of this magnitude, the mechanism actually works quite well here.  Carlos Rafael has a long history of breaking a myriad of fishing rules, including quota-busting, violations of fishing time limits, closed area incursions, and false catch reporting to the government.  The nearly twenty publicly available settlement agreements with the government follow a timeworn, repeat pattern: A violation, followed by a negotiated fine which is just the cost of doing business in a criminal enterprise.

Rafael stole from every other fisherman in New England.   Over the last five years, his boats poached fish from waters off Downeast Maine to the Rhode Island coast.  While everyone else was suffering under severe cuts to their allowable catch of cod and flounder, Rafael simply decided those cuts didn’t apply to him, and smuggled the fish ashore anyway.

So the Council’s re-allocation mechanism rewards those who play by the rules.  If offers some relief to fishermen working under stringent catch limits which might be a bit higher if not for Rafael and his complicit captains.   It buttresses the logic that as the crimes were committed throughout the region, relief should be distributed throughout the region as well.

The City of New Bedford believes Rafael’s thirteen permits should be confiscated, then locked to that port in perpetuity.  This is an understandable position but is morally bereft.   Locking the quota to that port denies redress to the vast majority of Rafael’s victims.  The City of New Bedford has only benefitted from Rafael’s continuous criminal acts.  It is unseemly to enjoy those benefits for twenty years then, once the scam is exposed, seize them for all time.

New Bedford is by far the nation’s richest fishing port and has been for at least a decade, landing $300-$400 million of seafood annually. In contrast, the entire New England groundfishery is presently worth $60 million.  It is a vibrant and diverse waterfront which will not, by the Mayor’s own admission, succumb to Rafael’s misdeeds.  And New Bedford will benefit from the Council’s mechanism, via quota re-allocation to other boats already based in that port.  Everybody gains.

Neither the governing Council, nor the National Marine Fisheries Service which implements the Council’s policy directives, has ever contemplated restricting quota even to the New England states, never mind individual cities.  Changes of that magnitude take years to develop and mountains of public input – which the Council already conducted, as part of its fishery management plan.  The redistribution mechanism is already in place, it has passed legal muster, and – particularly in this case – it is just.

Board of Directors

The Sustainable Harvest Sector

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

SEAN HORGAN: Fate of Raphael’s permits being debated

May 8, 2017 — As we have mentioned several times in the past, they don’t seem to brook a whole lot of foolishness up in Maine, particularly when it comes to cheating in the commercial fishing business.

So, it wasn’t really surprising when the Gloucester Daily Times received —  ran — a letter last week from Maggie Raymond, the highly respected executive director of the Associated Fisheries of Maine, with her take on what should happen to convicted scammer Carlos Rafael’s surrendered groundfishing permits.

“For law-abiding fishermen, this day is long overdue,” Raymond wrote. “While other fishermen were complying with steep reductions in fishing quotas, Rafael decided those rules didn’t apply to him. Rafael’s violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market.”

But Raymond wasn’t done there. She followed by offering a solution for the distribution of Rafael’s still-to-be-decided permit forfeitures. It’s one sure to make New Bedford Mayor Jon F. Mitchell choke on his Wheaties.

“Rafael’s history is so egregious that the National Marine Fisheries Service is obliged to cancel all his groundfish permits and fishing privileges,” she wrote. “Existing regulations describe a process for redistributing the fishing privileges from cancelled permits to all other permit holders in the fishery — and this is precisely the process that should be followed in this case.”

Read the full opinion piece at the Gloucester Times

Albertsons Companies Becomes First Major Grocer to Sell Fair Trade Certified™ Scallops

May 5, 2017 — Albertsons Companies today announced that it has expanded its Fair Trade Certified™ seafood program and its commitment to responsible sourcing by becoming the first major grocer to carry Fair Trade Certified™ scallops.

The Fair Trade Certified™ program addresses the social and environmental needs of fishing communities across the globe by protecting fundamental human rights of workers, preventing forced and child labor, establishing safe working conditions, regulating work hours and benefits, and enabling responsible, sustainable resource management.

“Albertsons Companies takes our commitment to socially and environmentally responsible seafood seriously,” said Buster Houston, Group Director of Seafood at Albertsons Companies. “By providing Fair Trade Certified™ seafood, we are able to support the domestic industry, provide our customers with the highest quality product, and support the health of ocean ecosystems and communities that depend upon them.”

The new product, Santa Monica Seafood® Signature Sea Scallops, is sourced from the Port of New Bedford, Massachusetts, an iconic fishing village with a rich history of American seafood production. These large scallops are not only responsibly sourced, but are also recognized worldwide as having unparalleled texture and flavor. Santa Monica Seafood® Signature Sea Scallops are available at Albertsons, Vons and Pavilions stores in Southern California and will be available at Safeway stores in Northern California this summer.

Read the full story at PR Newswire

New Bedford Fishing Heritage Center presents Safety at Sea in collaboration with New Bedford Whaling National Historical Park’s Every Kid in a Park Program

May 4, 2017 — The following was released by the New Bedford Fishing Heritage Center:

During the month of May, the New Bedford Fishing Heritage Center will present programs for more than 1,000 fourth graders from the New Bedford Public Schools 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 lucky students will try on a survival suit to experience what it is like to wear one.  Center staff and volunteers from the fishing industry will present this program, sharing their knowledge with the students.

The Center is grateful to BankFive for providing a grant to support the Center’s educational programs. Educators who are interested in learning about program options are encouraged to contact the Center.  Programs can be tailored to the particular interests and grade level of students.

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.

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

MAGGIE RAYMOND: ‘Codfather’ should lose all his permits

May 3, 2017 — Carlos Rafael’s environmental crime spree, spanning two decades, will finally come to an end. He pleaded guilty to federal charges of falsifying fish catch reports, conspiracy and tax evasion. He will serve at least four years in jail and will forfeit millions of dollars in fishing assets. For law abiding fishermen, this day is long overdue.

While other fishermen were complying with steep reductions in fishing quotas, Carlos Rafael decided those rules didn’t apply to him. His violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market. He has harmed the entire groundfish industry, and fishermen from Maine to New York deserve to be compensated.

Read the full letter at the New Bedford Standard-Times

MASSACHUSETTS: New Bedford Fishing Heritage Center hosting Scanning Day

May 3, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center will host Scanning Day on May 13, 2017 from 10:00 a.m. to noon. Scanning Day is an opportunity for the public to share and preserve a digital image of their fishing industry photographs, documents, and other records for future generations.

The Center invites the public to bring their fishing industry related photographs, both historic and contemporary, as well as documents such as settlement sheets, union books, or news clippings to be scanned. Staff will scan the materials and record any information the owner shares about each piece.  The owner will leave with their originals along with a digital copy  of the scans on a flash drive. The Center is working to create a digital archive of these materials which will be made available to researchers and the public. These documents will help us to tell the story of the fishing industry.  This event is free and open to the public.

If you have a collection you would like to contribute to the Center’s digital archive and you are not able to attend Scanning Day, please call (508)993-8894 or email Center staff at info@fishingheritagecenter.org to make an appointment to have your collection scanned.

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

Fishing and offshore wind can co-exist, leaders say

May 3, 2017 — New Bedford Mayor Jon Mitchell and about 20 civic, business, and academic representatives spent the first full day of their wind-focused trade visit to England Tuesday in Grimbsy, the largest fishing port in the world in the 1950s — which gives the New Bedford group food for thought.

New Bedford has landed the highest dollar-value catch in the United States for 16 years running. But in Grimsby and England at large, the fishing industry declined sharply in the 20th century following a period known as the “Cod Wars,” when Iceland asserted territorial authority over waters where English vessels were fishing.

Thus, as SouthCoast leaders learn from Grimsby about its success in offshore wind, they also have their minds on fishing, and how the two industries can coexist.

Around 5:45 a.m., some of the New Bedford group left their hotel for the Grimsby Fish Auction. Grimsby still handles about 70 percent of all the fish processed in the United Kingdom, according to Neil Mello, Mitchell’s chief of staff.

Among the auction visitors was John F. Quinn, a former member of the Massachusetts House of Representatives who now chairs the New England Fisheries Management Council. Asked if he could see evidence that offshore wind is compatible with the fishing industry, he said, “most certainly.”

Read the full story at the New Bedford-Standard Times

MASSACHUSETTS: What’s next for Carlos Rafael’s fishing permits?

May 3, 2017 — Almost a week ago, City Council members asked for their names to be attached to a late file agenda pertaining to Carlos Rafael’s groundfish permits.

Behind Ward 4 Councilor Dana Rebeiro, Council President Joseph Lopes and Ward 5 Councilor Kerry Winterson, the council requested “that the Committee on Internal Affairs meet with Attorney General Maura Healey and NOAA to discuss how current owners and mariners operating in New Bedford have the first right of refusal to acquire licenses to be auctioned as result of the plea agreement in the case of The United States vs. Carlos Rafael…”

The written motion was a bit premature.

Following Thursday’s council meeting, Rebeiro acknowledged the measure was “to get ahead of the ball” in terms of where the permits may land.

So what’s next?

Rafael’s plea agreement with the United States lists 13 vessels and the accompanying permits that could be potentially forfeited. However, none of his assets will be surrendered without an order of forfeiture, which describes exactly what will be taken.

According to the U.S Attorney’s office, the order of forfeiture will be issued “at and after sentencing,” which is scheduled for June 27.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Author Talk with Rachel Rowley Spaulding

May 2, 2017 — The following was released by the New Bedford Fishing Heritage Center:

The New Bedford Fishing Heritage Center presents Author Talk with Rachel Rowley Spaulding on Thursday, May 11th at 7:00 p.m. during AHA Night.  Ms. Spaulding will share how Arthur Moniz’s painting of the F/VEllen Marie inspired her to learn more about the vessel which led to her book, In Search of Ellen Marie.  This free presentation will be followed by a Q & A and book signing. 

In Search of Ellen Marie is the true story of a painting-inspired, passionate pursuit to locate a fishing vessel.  It’s really about life, a boat’s life, but also about lives of people and their power to affect others: the fisherman in South Bristol, Maine who put his work on hold to chat and share an important phone number; Ellen Marie’s Captain of the 1960s and ‘70s in New Bedford, Massachusetts who challenged her stereotypical thinking about fishermen and took her on an imaginary trip to Georges Bank; and the nose-ringed bartender in Newport, Rhode Island who gladly put up her poster and gave her a drink on the house. Spaulding says,”It’s about being human and experiencing the psychological defense of denial when I didn’t want to believe something, and experiencing compassion when I heard the grief of loved ones left behind when fishermen lost their lives at sea.  It’s about the awe-inspiring realization that I had been injected into the historic era soon to be lost forever of wooden commercial fishing boats manned by a unique breed of courageous fishermen.”

Born on Cape Cod, Rachel Rowley Spaulding holds a business degree from Boston University, and has worked primarily in the financial field.  She gained her writing education from UMass Dartmouth. Rachel now lives in Wareham, her childhood home, close to New Bedford, the historic fishing port she has come to love. 

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 archives, exhibits, and programs. For more information please contact the Center at programs@fishingheritagecenter.org or call (508) 993-8894.

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