Saving Seafood

New Charges Against Carlos Rafael Include Count Against Sector IX, 12 Counts Misreporting Scallops

January 15, 2018 — SEAFOOD NEWS — The charging document released by NOAA revoking Carlos Rafael’s and Associated entities fishing permits contained a number of new allegations that were not part of the criminal trial.

One count was against sector IX, which applied to the entire sector, including Rafael’s vessels, was filing a false report of the volume of yellowtail flounder landed in the sector in 2011.  Through a special agreement, the statute of limitations on this alleged misreporting was waived by Rafael.

NOAA is seeking a $140,000 fine from all members of sector IX for this offense.

The other new charges all involve scallops during the 2013 fishing year.  12 of the counts are of falsely reporting the volume of scallops landed.

For example, on January 15, the vessel F/V Ilha Brava submitted a ‘broken trip’ report to NOAA, claiming the vessel only harvested 7,886 lbs of scallops on its trip.  In fact, the vessel landed 17,200 lbs.

The other eleven counts are similar.  Some include broken trip reports that were false.  Others include lying about the volume of scallops taken from a limited access area.

For example, September 13-18, the vessel F/V Acores reported it only caught 1851 lbs of scallops in a limited access area trip, when in fact it had caught 12,700 lbs.

Two counts involved vessels failing to transmit the position via the vessel monitoring system as required.

NOAA says that under Magnuson:

(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title… the Secretary may—

(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits…[or]

(iii) deny such permit.

This is the authority they are using to revoke 38 permits, including two scallop permits which were not part of the original criminal complaint.

The full charging document can be read here.

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

 

Pentony steps into NOAA’s top Atlantic post with much underway

January 15, 2018 — Michael Pentony, John Bullard’s successor as administrator of the National Oceanic and Atmospheric Administration’s (NOAA) Greater Atlantic region, is a “straight shooter,” who works toward “yes,” and has a lot of experience on fisheries management issues, sources tell Undercurrent News.

NOAA ended months of speculation on Thursday when it announced that Pentony, a long-time NOAA staffer and also a one-time member of the New England Fishery Management Council (NEFMC) staff, was its pick to lead all fishery policy making in the 100,000 square mile long region that stretches from the state of Maine to Cape Hatteras, in North Carolina, and the Great Lakes.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running,” assured Chris Oliver, director of NOAA Fisheries, in a statement announcing the decision.

Bullard announced his retirement back in July, ending a nearly six-year rein in the region’s top spot, which comes with an office in Gloucester, Massachusetts, and beginning the agency’s search for a replacement. He said at the time that he had a long list of chores to complete before he could finish, most of which he took on during a recent flurry of activity at the agency.

However, Bullard left quite a few big matters for Pentony to finish up.

Pentony, who is set to assume his new role on January 22, enters his new job at the end of an eventful period, including the prosecution and sentencing of the owner of New England’s largest fishing operation, Carlos Rafael.

Read the full story at Undercurrent News

 

Massachusetts: SouthCoast fishermen call NOAA’s civil action against Carlos Rafael ‘overkill’

January 12, 2018 — NEW BEDFORD, Mass. — Current and former area fishermen balked at NOAA’s reach in its civil action against Carlos Rafael.

“It’s total overkill,” said Stephen Lozinak, captain of fishing vessel Marsheen Venture and who has been fishing for more than five decades. “The whole thing is overkill. All it’s doing is hurting the workers in the city of New Bedford.”

On Wednesday, NOAA laid out its civil case against Rafael, including revoking 38 commercial fishing permits and the operator permits of two scallop vessel captains. Other aspects include a $983,528 penalty, denying any future application by Rafael for a permit issued by NOAA, and revoking the seafood dealer permit issued to Carlos Seafood Inc.

Most of the allegations surround Rafael’s criminal activity, which he pleaded guilty to in March. However, NOAA also included allegations surrounding mislabeling scallops harvested in 2013 and misreported yellowtail flounder in 2012.

“It seems to be a much more severe penalty than the crimes called for,” Executive Director of New Bedford Seafood Consulting Jim Kendall said.

The sentiments echoed those of Mayor Jon Mitchell.

Read the full story at the New Bedford Standard-Times

 

NOAA: Final Rule to Implement Mutton Snapper Regulations in Federal Waters of the South Atlantic Region

January 12, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries announces a final rule for Amendment 41 to the Snapper-Grouper Fishery Management Plan in the South Atlantic. This rule updates mutton snapper catch limits and fishing regulations based on the most recent population assessment.

WHEN RULE WILL TAKE EFFECT:

  • Regulations will be effective on February 10, 2018.

WHAT THIS MEANS:

For commercial fishermen, the final rule:

  • Revises the commercial catch limit.
  • Increases the commercial minimum size limit from 16 to 18 inches total length.
  • Establishes a commercial trip limit of 500 pounds whole weight during January through April and July through December.
  • Establishes a commercial trip limit, during the April through June spawning season, of five mutton snapper per person per day, or five mutton snapper per person per trip, whichever is more restrictive. The purpose of the trip limit is to protect fish that are aggregating to reproduce.

For recreational fishermen, the final rule:

  • Revises the recreational catch limit.
  • Increases the recreational minimum size limit from 16 to 18 inches total length.
  • Decreases the recreational bag limit within the ten-snapper aggregate bag limit to five mutton snapper per person per day.
  • Revises the recreational catch target.

For both sectors, Amendment 41:

  • Specifies the maximum sustainable yield (long-term average catch that can be taken from a population under prevailing ecological and environmental conditions).
  • Specifies the minimum stock size threshold (level below which a species is overfished [population abundance is too low]).

Please see the Frequently Asked Questions below for more information on these actions.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 1305, published January 11, 2018

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why are the actions necessary? 

  • A population assessment for mutton snapper conducted in 2015 indicated that the population is not undergoing overfishing (rate of removal is too high) and is not overfished (population abundance is too low). However, the assessment update concluded that the mutton snapper population is smaller than estimated in the original mutton snapper stock assessment, completed in 2008. As a result, the South Atlantic and Gulf of Mexico Fishery Management Councils’ Scientific and Statistical Committees recommended a lower acceptable biological catch (ABC).
  • This final rule modifies management measures and catch levels in the South Atlantic consistent with the lower ABC recommendation.
  • Furthermore, stakeholders and law enforcement personnel have stated their concerns to the South Atlantic Fishery Management Council about overexploitation of mutton snapper when the species is aggregated to spawn. The Florida Fish and Wildlife Conservation Commission (FWC) has received similar comments. Therefore, the South Atlantic Fishery Management Council coordinated with FWC to develop compatible regulations for mutton snapper on the Atlantic coast in Florida state waters and Federal waters that address stakeholder concerns and benefit the mutton snapper resource.

What are the proposed commercial and recreational catch limits?

Table 1.Commercial and recreational catch limits for 2018-2020 through Amendment 41.

 

 Year  Commercial Catch Limit

(pounds)

 Recreational Catch Limit

(numbers of fish)
 2018  104,231  121,318
 2019  107,981  124,766
 2020  111,354  127,115

Why is the catch limit for the recreational sector specified in numbers of fish instead of pounds? 

The recreational catch limit is specified in numbers of fish because recreational fishermen report landings in numbers, not by weight. In addition, the average weight per fish is expected to increase due to the minimum size limit increase to 18 inches total length. Therefore, the South Atlantic Fishery Management Council has concluded that the combination of increasing the minimum size limit and converting the catch limit from numbers to pounds for the recreational sector could increase the risk of exceeding the ABC.

Learn more about NOAA Fisheries’ Southeast Region here.

 

NOAA names a new regional administrator

January 12, 2018 — The National Oceanic and Atmospheric Administration on Thursday named Michael Pentonyas its new regional fisheries administrator, succeeding John Bullard.

A New Jersey native, Pentony has worked for the federal agency since 2002, most recently as assistant regional administrator for the sustainable fisheries division, NOAA said in a news release. Pentony will begin his new post Jan. 22.

“Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job,” NOAA Fisheries Director Chris Oliver said. “He is going to hit the ground running.”

Pentony will head the agency’s regional office in Gloucester, which is responsible for managing about 100,000 square miles of the Northwest Atlantic. He will also oversee aspects of international fisheries conservation and management, NOAA said.

Read the full story at the Boston Globe

NOAA Names Michael Pentony to Lead Greater Atlantic Region

January 11, 2018 — The following was released by NOAA Fisheries:

Today, NOAA Fisheries announced that Mr. Michael Pentony is the new Regional Administrator for NOAA Fisheries Greater Atlantic Regional Fisheries Office in Gloucester, Massachusetts. He will assume his new duties on January 22, 2018. Mr. Pentony has been with the agency since 2002, serving in a series of positions including as the Assistant Regional Administrator for the Sustainable Fisheries Division since 2014. He succeeds retiring Regional Administrator John Bullard who had been in the position since 2012.

“I am extremely pleased to announce this appointment,” said NOAA Fisheries’ director Chris Oliver. “Michael’s deep experience in every aspect of sustainable fisheries management, both commercial and recreational, positions him perfectly for this job. He is going to hit the ground running.”

In his new role, Mr. Pentony will head the agency’s regional office, which has responsibility for managing approximately 100,000 square miles of the Northwest Atlantic, the large marine ecosystem from Maine to Cape Hatteras and the Great Lakes. To do that, the office works closely with two fishery management councils, the states, the fishing industry, and other stakeholders to manage federal commercial and recreational fisheries, marine mammals, habitat, and much more. As Administrator, he will also oversee critical aspects of international fisheries conservation and management in the region.

Mr. Pentony has extensive experience leading the development and implementation of the fishery management plans and regulations established by the Mid-Atlantic and New England Fishery Management Councils and the Atlantic States Marine Fisheries Commission. In his role as the region’s lead for sustainable fisheries management, he oversaw all aspects of 14 management plans targeting 42 species valued at nearly $1.6 billion annually. Prior to taking the Assistant Regional Administrator position in 2014, Mr. Pentony served for 12 years as a team supervisor in the sustainable fisheries division.

“Under Michael’s leadership, the region’s sustainable fisheries team worked hard to meet the needs of fishermen and fishing communities from Maine to North Carolina. In doing so, they have implemented successful, innovative approaches to protecting and restoring stocks, habitat, and marine mammals. They also paved the way for an expansion of the aquaculture industry in the region by working hard to break through barriers to that industry,” said Oliver.

Before joining NOAA Fisheries in 2002, Mr. Pentony worked for five years as a policy analyst for the New England Fishery Management Council, primarily on issues related to habitat, marine protected areas, and the deep-sea red crab fishery.

He has a Bachelor of Science in Engineering from Duke University in North Carolina, and a Master’s of Environmental Management from the Nicholas School of the Environment at Duke University. Between college and graduate school, Mr. Pentony served for six years as an officer in the United States Air Force as an engineering project manager on a variety of military satellite and launch vehicle programs.

Michael grew up in the town of Point Pleasant, New Jersey, where he spent his summers fishing for bluefish and fluke at the Manasquan Inlet. He currently lives in New Hampshire with his family including his wife and daughter. In his free time he enjoys traveling with his family, cheering on his daughter at swim meets, cycling the back roads of New Hampshire, and trying to learn to play the bass guitar.

Learn more about NOAA’s Greater Atlantic Regional Fisheries Office here.

 

MAFMC: South Atlantic Fishery Management Council Seeks Input on Proposed Changes for Atlantic Cobia Management

January 11, 2018 — The following was released by the Mid-Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council are soliciting public input on proposed management changes for Atlantic cobia as they consider revising the current management system. Public hearings will be held via webinar with public listening stations beginning January 22, 2018. Information on the proposed changes is now available from the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/. Written comments are also being solicited using the online comment form available from the website page.

Atlantic cobia are managed in federal waters along the Atlantic coast from Georgia through New York in cooperation with the Mid-Atlantic Fishery Management Council; two voting seats are provided to the Mid-Atlantic Council on the South Atlantic Council’s Mackerel Cobia Committee. This arrangement provides an opportunity to include the views of constituents from Virginia northwards. Cobia in federal waters off the east coast of Florida are considered part of the Gulf of Mexico migratory stock.  The management boundary for the two stocks was modified following a 2013 stock assessment and annual catch limits for each stock were set.  NOAA Fisheries determined the recreational catch limit for Atlantic cobia was exceeded in 2015, leading to a shortened season in 2016. Cobia harvested in both state and federal waters count toward the annual catch limit.  Subsequent overages occurred during 2016 and the recreational fishery was closed in federal waters on January 24, 2017.

In order to provide for effective management and fair and equitable access to the Atlantic cobia fishery without reducing protection to the stock, the Council is considering a range of alternatives for managing Atlantic cobia, from complementary management with the Atlantic States Marine Fisheries Commission (ASMFC) to removal of Atlantic cobia from the federal management unit. The ASMFC recently approved an Interstate Fishery Management Plan for Atlantic Cobia that will be implemented in April 2018.  Should the Council choose to remove Atlantic cobia from the current federal management unit, the ASMFC Interstate Plan would be applied to both state and federal waters, allowing for additional management flexibility.

Public Hearings for Atlantic Cobia Management

(Amendment 31 to the Coastal Migratory Pelagics Fishery Management Plan)

Public hearings will be conducted via webinar with listening stations as noted below. Attendance at the listening stations is encouraged but not required. During the public hearings, Council staff will present an overview of the amendment and will be available to answer questions via webinar. Area Council members or state agency representatives will be present at each of the listening stations. Members of the public will have an opportunity to go on record via webinar or at the listening stations to record their comments for consideration by the Council.

January 22, 2018 Webinar – begins at 6:00 PM

Listening Stations:

  1. Port Royal Sound Maritime Center: 310 Okatie Hwy, Okatie, SC 29909
  2. North Carolina Division of Marine Fisheries’ Central District Office: 5285 Highway 70 West, Morehead City, NC 28557
  3. Georgia Department of Natural Resources Coastal Division: One Conservation Way,Brunswick, GA 31523

January 23, 2018 Webinar – begins at 6:00 PM

Listening Station:

  1. Hatteras Community Center; 57689 NC Highway12,Hatteras, NC 27943

January 24, 2018 Webinar – begins at 6:00 PM

Listening Stations:

  1. Haddrell’s Point Tackle: 885 Ben Sawyer Blvd, Mt Pleasant, SC 29464
  2. Virginia Marine Resources Commission (The Maritime Building); 2500 Washington Ave., 4th Floor, Newport News, VA23607 *Note: The VA location is a state-organized listening station and was arranged to provide the public in Virginia the opportunity to attend and provide comments in-person.

Registration for each webinar is required. Registration information, along with public hearing documents, video presentations, and other materials is now available from the Council’s website at: http://safmc.net/safmc-meetings/public-hearings-scoping-meetings/. An online public comment form for written comments is also available. Comments must be received by 5 p.m. February 9, 2018 to be included in the briefing book materials for the Council’s March 5-9, 2018 meeting in Jekyll Island, GA.

The Council is also asking for public input on the timing of measures proposed in Amendment 31. A Stock Identification Workshop for Cobia is scheduled to begin in April 2018 as part of a benchmark stock assessment Atlantic cobia.

Learn more about the MAFMC by visiting their site here.

 

A unique educational experience, designed for fishermen, by fishermen

January 11, 2018 — The following was released by NOAA Fisheries:

The Marine Resource Education Program (MREP) offers fishermen, and others with a stake in healthy fisheries, an opportunity to learn the basics of fisheries science and how the fishery management process works. It provides an inside look at the fisheries science and management processes, demystifies the acronyms and vocabulary, and equips fishermen with the tools to engage in shaping regulatory action and participating in collaborative science.

MREP is offering two upcoming workshops that are organized and moderated by members of the local fishing community:

The Ecosystem-Based Fisheries Management Workshop offers an in-depth discussion on data inputs, management strategies, and what Ecosystem-Based Fishery Management may mean for fishermen in the future. It will be held from February 26-28 in New Bedford, MA.

Questions? Contact Chris Roebuck (Commercial Fisherman) at (401) 741-1831 or Libby Etrie at (978) 491-1848.

The Recreational Fisheries Workshop covers the basics of fisheries science and management with a special focus on topics of interest to the recreational fishing community. It will be held from March 20-22 in Hanover, MD.

Questions? Contact moderators Dave Sikorski (Mid-Atlantic) at (443) 621-9186 or Rick Bellavance (New England) at (401) 741- 5648.

For both workshops, lodging, meals and travel expenses are covered for participants who complete the entire program, and who are not otherwise funded to attend. You can apply for these workshops with the Gulf of Maine Research Institute.

Learn more about NOAA Fisheries by visiting their site here.

 

NOAA seeks lifetime ban for jailed New Bedford fishing mogul

January 11, 2018 — The National Oceanic and Atmospheric Administration is seeking a lifetime ban from the fishing industry for jailed New Bedford fishing mogul Carlos Rafael, a revocation of the permit for his wholesale fish dealership, and a revocation of 38 fishing permits from 28 of his vessels. NOAA is also seeking new penalties in two additional cases unrelated to the one that put him in prison, according to a spokeswoman for the agency.

Rafael is serving a 46-month sentence after pleading guilty last year to falsifying fish quotas, false labeling of fish species, conspiracy, smuggling large amounts of cash out of the country and tax evasion. In September, a federal judge ordered U.S. Marshals to seize four of his fishing vessels and their fishing permits as part of a plea deal in the criminal case against Rafael, once the owner of one of the nation’s largest fishing fleets.

Rafael owned at least 44 vessels, including 10 vessels with scallop permits and 43 that also had lobster permits, the two most valuable fisheries in the Northeast. Many of those vessels continued to fish, even after he was jailed. But in November, NOAA regional director John Bullard ordered groundfish Sector IX, a fishing cooperative dominated by Rafael to stop fishing, saying the sector had failed to account for his illegal fish and hadn’t enforced its own rules. There are 60 groundfish permits in Sector IX, 22 of which were actively fishing.

Read the full story at the Cape Cod Times

 

Massachusetts: NOAA Moves to Revoke All Carlos Rafael’s Permits, New Charges Include Cheating on Scallop Landings

January 11, 2018 — SEAFOOD NEWS — NOAA announced yesterday that they have filed a charging document to revoke all 38 of Carlos Rafael’s fishing permits, the dealer license for Carlos Seafood, and the scallop permits issued to two of Rafael’s scallop vessels.

The charges go beyond the criminal complaint of cheating on landings reporting, for which Rafael is already serving prison time. Out of 35 separate charges, 15 are new charges for violations in the scallop fishery.

NOAA claims that on four separate fishing trips in 2013, Rafael and related entities, along with two of his fishing vessel operators, filed false reports regarding the amount of scallops harvested by four vessels. For those violations, NOAA seeks to revoke permits issued to these vessels and a $843,528 penalty.

NOAA is seeking a total of $983,528 in civil fines.

Charging documents are how NOAA pursues a civil case before an administrative law judge.

They can include both NOVA (notice of violation for fishing activities) and NOPS (Notice of Permit Sanctions) and requests for civil fines.

Once the case is heard before an administrative law judge, the decision can be appealed to the NOAA administrator. If the parties object to the NOAA administrator’s decision they may then proceed to district court. However, according to lawyers familiar with NOAA procedures, the decision will not be set aside if it is supported by substantial evidence.

The civil action alleges 35 separate violations.

Counts 1-19 are based on Rafael’s conduct involved in his recent criminal case, specifically, the misreporting of species landed. For these violations, NOAA seeks to revoke the federal fisheries permits associated with the vessels at issue in the criminal case, but does not seek monetary penalties.

Counts 20-35 involve conduct unrelated to Rafael’s criminal case. Count 20 alleges that Rafael and related entities misreported where they caught yellowtail flounder in 2012. For this violation, NOAA seeks to revoke numerous permits involved and a $140,000 penalty.

Counts 21-35 involve misreporting in the scallop fishery.

It is important to note that before the administrative judge, normal rules of evidence don’t apply, and instead the ruling is made based on a preponderance of evidence.

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