Saving Seafood

‘Codfather’ pleads not guilty to fish conspiracy

May 13, 2016 — New Bedford fishing mogul Carlos Rafael pleaded not guilty Thursday in U.S. District Court in Worcester to conspiracy, lying to NOAA Fisheries about the exact species of fish he landed through a four-year span, and illegally smuggling cash out of the country.

Rafael, know widely as “The Codfather,” remains free on the $1 million bond set after his February arrest for conspiracy and submitting falsified records. The arrests of Rafael and his bookkeeper Debra Messier capped an undercover sting operation by federal authorities, some of whom posed as Russian mobsters looking to buy his business.

The 64-year-old Rafael, who appeared before Magistrate Judge David H. Hennessy, controls one of the largest commercial fishing fleets in the United States and has been a powerful force in Northeast commercial fishing circles through his ownership of 32 fishing vessels and a block of 44 federal fishing permits with a value estimated in the tens of millions of dollars.

Read the full story at the Gloucester Times

Survey delay might hurt fish population research

May 12, 2016 — The following is an excerpt from a story published today by the Boston Globe.

NEWPORT, R.I. – Even before mechanics found deeply pitted bearings near crankshafts in its generators, problems that could have led to catastrophic engine failure, the Henry B. Bigelow was running more than a month behind.

Now, the government research vessel is embarking on its annual spring voyage later than ever before, a delay that could have serious consequences for scientists’ ability to assess the health of some of the 52 fish stocks they survey, from the waters off North Carolina to the eastern reaches of the Gulf of Maine.

Fish migrate and change their feeding patterns as waters warm, which might make it difficult for National Oceanic and Atmospheric Administration scientists to compare this spring’s survey of fish populations with previous counts.

The prospect of skewed data could complicate efforts for policy makers to set proper quotas, potentially leading either to overfishing or unnecessarily strict catch limits.

“I worry that this will create statistical noise and more uncertainty,” said Gary Shepherd, a fishery biologist at NOAA’s Northeast Fisheries Science Center in Woods Hole, where he and other scientists recommend quotas based on what the Bigelow catches, along with other data.

As the waters warm, some of the fish, such as herring, migrate out of the survey area and into the region’s rivers. Other species, such as squid, which are short-lived, might not survive in representative numbers through June, when the Bigelow is now scheduled to finish its survey.

“If the survey had started at its normal time, it would have found squid on the continental shelf,” said Robert Vanasse, executive director of Saving Seafood, a Washington-based group that represents the fishing industry. “But now it won’t because the survey doesn’t sample Nantucket Sound.”

Read the full story at the Boston Globe

Prosecutors in Rafael case: Carlos Seafood’s transaction reports didn’t match up

May 11, 2016 — NEW BEDFORD, Mass. — The FV Hera II, a boat that prosecutors said fishing fleet owner Carlos Rafael owned through a shell corporation, reported catching 4,595 pounds of haddock on Jan. 25, then selling it to Rafael’s Carlos Seafood business, a registered dealer, according to the indictment of Rafael that was unsealed Monday.

Carlos Seafood also recorded acquiring 840 pounds of American plaice, or “dabs,” from the Hera II that day, prosecutors said.

But here’s the rub: Records of Carlos Seafood’s third-party sales Jan. 25, according to the indictment, cite about 200 pounds of haddock and 5,200 pounds of dabs.

In other words, prosecutors allege, a lot of the fish caught by the Hera II on Jan. 25 and reported as “haddock” actually were dabs, which are subject to stricter regulatory quotas. Those quotas are administered by the National Oceanic and Atmospheric Administration (NOAA) and limit how much of certain species commercial fishermen can catch.

Catching more of a protected species than allowed can bring significant value on the black market.

Read the full story at the New Bedford Standard-Times

CAPE COD TIMES: Promoting sustainability

May 10, 2016 — At the sustainable fisheries conference held at Rhode Island College last month, audience members were asked questions about the ocean, fisheries, and management that were tabulated and presented on the spot. Unscientific, yes, but very interesting.

A question of whether the groundfish fishery is sustainable was asked of the audience before and after the conference, and the results suggest that some opinions changed — for the positive — by the two hours of discussion.

When asked who would best regulate the fishery, the answer showed the thoughts of those in the audience based on biases and attitudes, but there is only one answer to that question. The Magnuson-Stevens Fishery Conservation and Management Act, passed by Congress and administered by the National Oceanic and Atmospheric Administration, is the fishery’s manager, and that won’t change.

One very important part of that manager’s charge is ensuring both conservation and economic goals are considered in its management.

One policy tool for those goals is at-sea monitoring, which aims to provide accurate data on what is caught and what is thrown back. Accurate assessments support effective management and more successful fishing. It has been a point of contention for several years, as the cost of monitoring is to be borne by the industry, not the regulator. Cost aside, monitoring can help fishermen.

Read the full editorial at the Cape Cod Times

Puget Sound salmon fishing effectively closed after stalemate between state and tribal fisheries

May 9, 2016 — For the first time in 30 years, state and tribal fishery managers failed to develop a joint plan for the 2016-17 Puget Sound salmon fishing season, effectively closing all of Puget Sound and some lakes and rivers.

“The door remains open (for more discussions with the tribes),” said Ron Warren, the state Fish and Wildlife salmon policy manager. “The tribes and (state) in different ways offered packages that met the conservation objectives, but we couldn’t reach agreement on them.”

This left many — an estimated 200,000 anglers held Puget Sound salmon licenses during the 2014-15 fishing season — questioning what led to this unprecedented situation.

During a meeting April 27 in Fife — around 60 representatives from state, tribal, NOAA Fisheries and officials from the offices of the governor and attorney general — plans were laid out for additional cuts needed to reach an agreement.

State fishery managers offered an alternative proposal for sport fisheries, with a 50 percent harvest cut on an expected poor Puyallup River return of 353 wild chinook and 3,708 hatchery fish.

Read the full story at the Seattle Times

Carlos Rafael, New Bedford’s ‘Codfather’, indicted on 27 counts

May 9, 2016 — NEW BEDFORD, Mass. — Local fishing magnate Carlos Rafael has been indicted by federal prosecutors for lying about fish catches and smuggling cash to Portugal through Logan airport in Boston, in a multi-year scheme involving hundreds of thousands of dollars, according to records filed last week and unsealed Monday.

The indictment lists 27 counts against Rafael, for charges including conspiracy, false entries and bulk cash smuggling. Rafael is alleged to have falsely reported the species of more than 815,000 pounds of fish to the National Oceanic and Atmospheric Administration (NOAA) between 2012 and January of this year, according to the Office of U.S. Attorney Carmen Ortiz.

“On a yearly basis, Rafael’s routine falsification of dealer reports he submitted to NOAA created substantial discrepancies between the fishing activity he reported and the fish caught by his fishing vessels and acquired by Carlos Seafood,” the indictment states.

Bristol County Sheriff’s Office deputy Antonio M. Freitas, a Taunton resident, also is named in the indictment. Freitas is charged with two counts, one for bulk cash smuggling and one for international structuring.

Read the full story at the Cape Cod Times

SALEM NEWS: A small victory for at-sea monitoring

May 9, 2016 — New England fishermen got some good news last week when the National Oceanic and Atmospheric Administration announced plans to scale back the amount of on-board monitoring required of the commercial fleet. However, there is still work to be done.

Late last week, NOAA said it will cut monitoring to 14 percent of all vessel trips for the season that began May 1. That’s down from about 24 percent of trips in 2015.

“Fishermen appreciate the changes and the evolution of the at-sea monitoring program,” Jackie Odell, executive director of the Gloucester-based Northeast Seafood Coalition, told reporter Sean Horgan. “We think what they’ve done is prudent and responsible.”

Read the full opinion piece at The Salem News

ASMFC Coastal Sharks Board Approves Smooth Dogfish Draft Addendum for Public Comment

May 6, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

Alexandria, VA – The Atlantic States Marine Fisheries Commission’s Coastal Sharks Management Board approved Draft Addendum IV to the Interstate Fishery Management Plan (FMP) for Coastal Sharks for public comment. The purpose of the Draft Addendum is to maintain consistency between federal and state FMPs, where possible, and to better incorporate into state regulations the intent of the limited fins-attached exception for smooth dogfish in the Shark Conservation Act of 2010.

Under current regulations, commercial fishermen with only a state commercial fishing license can land smooth dogfish with corresponding fins removed from the carcass. The Draft Addendum proposes amending the FMP to allow smooth dogfish carcasses to be landed with corresponding fins removed from the carcass as long as the total retained catch (all species), by weight, is composed of at least 25 percent smooth dogfish. This option is consistent with the federal catch composition requirement, which was included in NOAA Fisheries’ final rule for Amendment 9.

It is anticipated some states will hold public hearings on Draft Addendum IV; a subsequent press release on the public hearing schedule and Draft Addendum availability will be distributed once state hearings have been scheduled.

Reps. Moulton, Keating, Lynch Lead Delegation to Protect Massachusetts Lobster Industry

May 2, 2016 — The following was released by the office of Congressman Seth Moulton:

WASHINGTON – Today, Congressmen Seth Moulton (D-MA), Stephen Lynch (D-MA), and Bill Keating (D-MA) led an effort to protect the Massachusetts lobster industry in response to the Swedish government’s petition to classify the American lobster as an invasive species. The petition ultimately seeks to ban the import of live American lobsters from the United States to the European Union (EU).

Moulton, Keating, and Lynch were joined by the entire state delegation in sending a letter to Secretary of State John Kerry, Ambassador Michael Froman, and National Oceanic and Atmospheric Administrator, Kathryn Sullivan. The letter notes that the EU’s alien species regulations must offer robust scientific evidence in support of any species ban, and argues that this is not the case for the American lobster. The letter can be viewed here.

“The Sixth District is home to the largest and most active lobster fleet in Massachusetts, and the lobster industry is a critical part of our history and local economy,” said Congressman Seth Moulton. “This effort to ban U.S. exports of American lobster is not based in science. In fact, studies conducted by leading marine scientists refute Sweden’s assertions that American lobster meet the criteria to be banned by the European Union. This ban would not only have a detrimental impact on the livelihoods of hardworking men and women in the lobster industry, but it would also hurt the entire Massachusetts economy. I’m grateful that our entire delegation stands united to ensure our lobster industry continues to thrive, and I am committed to working with my colleagues in Congress and the Administration to advance a collaborative and transparent dialogue on this issue.”

“The lobster industry is as important to our local economy as it is to our history,” said Congressman Bill Keating, who represents Massachusetts’s South Shore, South Coast, and Cape and Islands. “I will continue working with my Massachusetts colleagues to oppose efforts to list the North American lobster as an invasive species, including by working directly with our European counterparts in my role as Ranking Member of the Trade Subcommittee on the Foreign Affairs Committee.”

“I respect Sweden’s commitment to protecting the environment from invasive species, but their proposal to halt imports of North American lobsters is not based on sound scientific reasoning,” said Congressman Stephen F. Lynch. “The evidence they have presented is inconsistent with E.U. standards and I hope the State Department, the United States Trade Representative, and the National Oceanic and Atmospheric Administration will continue to work together to advocate for the continued trade of live American lobsters with the E.U. A ban could have serious effects on our hardworking Massachusetts lobstermen and their families.”

“From the decks of Massachusetts lobster boats to the plates of European diners, we need to ensure American lobster continues to benefit families and businesses on both side of the Atlantic,” said Senator Edward J. Markey. “The current effort by Swedish authorities to reclassify American lobsters an invasive species and ban their importation into the European Union would undermine a centuries-old relationship and have enormously negative impacts on the Massachusetts lobster industry. Any decision by the EU Commission on the American lobster should be informed by scientific principles and current standards. American lobster is one of our most delectable exports, and we should ensure that Europeans can continue to enjoy it for years to come.”

“Lobsters are a big part of the Massachusetts economy, and I’m very concerned about any attempt to block imports of American lobsters. A ban on live lobster imports is not in line with the EU’s standards or with the research conducted by New England’s leading marine scientists on how best to protect the environment,” Senator Elizabeth Warren said. “I’ll keep working with the congressional delegation to support our local lobstermen and to keep the markets open for Massachusetts’ lobsters.”

“The European Union markets are extremely important to our commercial Lobstermen here in the Commonwealth,” said Beth Casoni, Executive Director of the Massachusetts Lobstermen’s Association. “We are appreciative and encouraged by the efforts being put forth by Congressmen Moulton, Keating, Lynch, and the entire Massachusetts Delegation to bring a resolve to this matter.”

Rep. Moulton Letter Spurs Reforms to NOAA At Sea Monitoring Program

May 2, 2016 — The following was released by the office of Congressman Seth Moulton:

WASHINGTON – Today, Congressman Seth Moulton (D-MA) commended the National Oceanic and Atmospheric Administration (NOAA) for incorporating significant reforms to the At Sea Monitoring Program in advance of the start of the fishing season this Sunday. Moulton led a New England delegation letter to NOAA in January to put pressure on NOAA to incorporate these reforms to the ASM program.

“With the start of the 2016 fishing season beginning on Sunday, these reforms are essential to the effective and efficient implementation of the At Sea Monitoring program and the viability of the New England fishing industry,” said Moulton. “NOAA’s reforms to the At Sea Monitoring program make it more cost-effective while still reliably monitoring the groundfish catch. I am grateful to NOAA for listening to the concerns of the New England Fishery Management Council, and I am committed to continuing to work with all involved to ensure that fishing communities throughout New England are equipped to thrive.”

Today, NOAA announced its Framework 55 New England Groundfish Rulemakings, which sets catch limits for the 2016-2018 fishing years, adjust the groundfish At-Sea Monitoring (ASM) program, implement sector administrative measures for 2016; and establish recreational measures for cod and haddock. Notably, Framework 55 also reduces ASM Council Requirements in certain New England Groundfish Sectors/Fisheries.

“NSC deeply appreciates that many Members of Congress in the northeast region recognized the crucial need to evolve the at-sea monitoring program and, under Congressman Moulton’s leadership, co-signed a letter of support for these reforms to NOAA fisheries that have now been approved by the Secretary of Commerce,” said Jackie Odell, Executive Director of the Northeast Seafood Coalition. “Although NSC opposes industry funded at-sea monitoring requirements, the issue of who is funding the program is independent of the collective responsibility to improve the program and seek efficiencies. Changes that have been approved to the program under Framework 55 take advantage of the incremental benefits of additional years of data and knowledge gained since the inception of the program, while meeting the same statistical standards required. Approval of these modifications reflects sound and responsible fisheries management.”