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Carlos Rafael’s fraud leaves New Bedford fishing permits on ice

November 22, 2017 — BOSTON — South Coast officials and seafood industry interests were stunned by Monday’s federal decision to shut down a sector with ties to disgraced fishing magnate Carlos Rafael, a decision they say will cut into the livelihoods of fishermen during the holiday season and beyond.

“The ruling itself was unexpected,” said Andrew Saunders, a New Bedford attorney retained two months ago by Northeast Fishery Sector 9, one of 19 non-profit entities set up to manage fishing industry operations in the face of strict catch limits imposed by the federal government.

The decision stems from the fraud perpetrated by fishing magnate Carlos Rafael – dubbed the ‘Codfather’ in local media coverage – but New Bedford Mayor Jon Mitchell says there’s collateral damage involved for people in the New Bedford area whose jobs are tethered to the harvesting of groundfish such as cod, flounder and haddock.

“The tying up of these vessels will deprive crew members opportunities to earn a living and it will eat into the revenue of shoreside businesses that support the industry,” Mitchell told the News Service, citing impacts on fuel and ice suppliers, net menders and settlement houses.

The decision was handed down by NOAA Regional Administrator John Bullard, a former mayor of New Bedford. In his ruling Bullard zeroed in on Rafael, who was hit with a 46-month prison sentence in September after federal prosecutors convicted him of charges associated with falsifying records to evade federal fishing quotas and smuggling business proceeds to Portugal to avoid U.S. taxation.

Read the full story from the State House News Service at the Newburyport Daily News

How Many Red Snapper Are in the Gulf of Mexico?

November 22, 2017 — Several stakeholder groups have expressed concerns that there are more red snapper in the Gulf than currently accounted for in the stock assessment.

In 2016, Congress directed the National Sea Grant College Program and NOAA Fisheries to fund independent red snapper data collections, surveys and assessments, including the use of tagging and advanced sampling technologies. Sea Grant and NOAA Fisheries worked collaboratively to transfer federal funds to Mississippi-Alabama Sea Grant offsite link to administer the competitive research grant process and manage this independent abundance estimate.

To conduct the independent study, a research team of 21 scientists from 12 institutions of higher learning, a state agency and a federal agency was selected by an expert review panel convened by the Mississippi-Alabama Sea Grant Consortium. The team secured $9.5 million in federal funds for the project through a competitive research grant process, and together with matching funds from the universities, the project will total $12 million.

Read the full story at Marine Technology News

 

Pacific Council Gives Preliminary Nod to Two Coastal Sardine and Other Pelagic Species Projects

November 22, 2017 — SEAFOOD NEWS — The Pacific Fishery Management Council last week approved for public review two exempted fishing permits that should help improve coastal pelagic species stock assessments.

Both projects would add more survey work to nearshore areas. Fishermen have identified schools of sardines, in particular, close to shore but accessing them for survey work has been a problem because the sardine season has been closed and NOAA ships cannot access shallow areas. Additionally, both proposals would build on the use of industry knowledge.

The California Wetfish Producers Association research project intends to sample CPS schools in the southern California Bight using aerial spotter pilots with camera systems to fly surveys close to shore and photo-document schools. At the same time, qualified purse seine vessels would capture a subset of the schools identified in the photographs as “point sets.” This would provide a way to address issues identified in the aerial survey methodology review. The survey period is scheduled for late August 2018.

According to the CWPA application, all fish captured, including sardines, would be processed and sold by participating processors, and fishermen will be paid for their catches at the usual rates. Aside from the sale of fish, processors would not be compensated for the extra labor they will incur in weighing and fully sorting each school individually and documenting species composition by school, rather than the normal procedure of offloading the entire catch and documenting by load.

“We strongly support these EFP projects to improve the accuracy of stock assessments. It should be noted that 70 percent or more of the CPS harvest in California occurs in the area inshore of NOAA acoustic surveys,” CWPA Executive Director Diane Pleschner-Steele said. “We are grateful to the California Department of Fish and Wildlife and Southwest Fishery Science Center for their help and recognition that surveying the nearshore is a high priority research and data need.”

Pacific Seafood’s Mike Okoniewski presented the Westport, Wash.-based West Coast Pelagic Conservation Group project to both the Council and the Scientific and Statistical Committee. The project is designed to provide supplementary data collection and additional sampling techniques for areas nearshore of the proposed 2018 NOAA/Southwest Fisheries Science Center acoustic-trawl survey, according to the group’s application. This research off of Washington and Oregon would continue and expand the 2017 collaborative effort in 2018 so that samples of CPS for species composition and individual fish metrics may be obtained through purse seine operations, according to Council documents.

Sampling would be done at the same general time and nearshore areas as the NOAA survey, the applicants stated. The coastal pelagic species (CPS) that will be retained in small amounts (e.g. 5kg to 25kg) for sampling will be dip-netted sardines, anchovies, and mackerel(s). The sample fish will be frozen and retained for identification and biological measurements to be performed by NOAA.

But unlike the southern EFP, no fish will be harvested for commercial purposes. Wrapped schools would be released alive, the applicants said.

“This collaboration will continue to support the already commendable efforts of the scientists, balancing it with industry knowledge of the fishing grounds,” Okoniewski said.

Both EFPs will add to current survey and stock assessment work, providing more robust data for the fisheries in the future. The Council’s Scientific and Statistical Committee and Coastal Pelagics Species Management Team supported the EFPs and suggested minor technical changes to each; both applicants plan to incorporate those suggestions prior to the Council’s and NMFS’ final approval in early 2018.

“The CPSMT recognizes the value of the EFP research proposed by both groups to improve CPS stock assessments by obtaining data that has not been attainable by other means,” the CPS Management Team said in its statement.

The Coastal Pelagic Species Advisory Subpanel also supported the projects. “[We are] encouraged that forward progress is now being made to develop effective survey methods for the nearshore area,” the panel said in its statement. “The CPSAS thanks CWPA, WCPCG and especially the SWFSC for acknowledging the data gaps in current surveys and helping to provide support and funding for cooperative surveys that will hopefully improve the accuracy of future CPS stock assessments.”

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

 

Massive fish fraud results in huge penalty for fishermen

November 20, 2017 — In an unprecedented punishment, federal regulators Monday ordered scores of commercial fishermen in Massachusetts to return their vessels to shore after the owner of many of the boats, a New Bedford fishing mogul known as “The Codfather,” failed to account for the fish they caught and orchestrated a massive fraud.

The move immediately prohibits 60 permit holders, including 22 active vessels, from going back to sea until at least the start of the new fishing season in May.

Most of the vessels were operated by Carlos Rafael, the magnate who was recently convicted of one of the nation’s largest violations of fishing regulations.

Read the full Story at the Boston Globe

 

Rafael Scandal Shuts Out Boats From Cod, Flounder Fisheries

November 20, 2017 — Federal regulators are shutting down fishing rights for a significant portion of New England’s stressed groundfish stocks, such as cod and flounder. The National Oceanic and Atmospheric Administration says managers for a New Bedford, Massachusetts-based sector undermined conservation goals while disgraced fishing magnate Carlos Rafael was falsifying catch reports.

There are 19 groundfish sectors in the Northeast, each representing a group of fishermen who manage catch quotas set by NOAA regulators. Sector IX is dominated by boats based in New Bedford and owned by Rafael, also known as “the Codfather,” who started a nearly four-year jail sentence in Fort Devens, Massachusetts, this month after he confessed to falsifying catch information.

Federal regulators say Sector IX officials, including Rafael’s daughter, failed to develop information to show that quotas were no longer being violated, and so its fishermen won’t be allowed to catch more groundfish this fishing year, which ends in April — or the next year, if a valid new management plan isn’t offered.

Read the full story at Maine Public

 

NOAA Fisheries head: Trump administration values regulatory flexibility, regional approach

November 21, 2017 — SEATTLE — The head of the National Oceanic Atmospheric Administration’s (NOAA’s) fisheries management arm, Chris Oliver, offered a crowd of Alaska fishermen some insight into the Donald Trump administration’s approach toward fisheries management.

Generally speaking, the assistant administrator for NOAA Fisheries said at Seattle’s Pacific Marine Expo on Nov. 17, the administration values flexibility and a regional approach toward regulating commercial fishing of federally managed stocks, an approach that meshes with his own background and views.

“You’re looking at an administration that recognizes that fisheries by nature require a lot of regulation, but I also think they’re looking at councils to take a step back and look at ways to not have a tendency toward micromanagement but to look at the big picture,” Oliver, who took up the job in June, said.

Learning curve

Prior to that, Oliver served as executive director of the North Pacific Fishery Management Council during at a 16-year run that also included stints as a fisheries biologist and its deputy director. That council, one of eight regional bodies created under the Magnuson-Stevens Act (MSA), which regulates US commercial and recreational fishing, is arguably the country’s busiest, as it covers Alaska, home to half of all US seafood production.

His experience, he said, left him as a supporter of the council system. His new national-level job — he’s received over 200 briefings to date on the issues facing NOAA Fisheries — affords him a wider perspective.

“It’s been an incredible learning experience and an incredible learning curve. It’s been hectic at times, frenetic at times, and a bit overwhelming at times, but it’s been extremely exciting all the time and never boring,” he said.

Read the full story at Undercurrent News

NOAA Fisheries Withdraws the Northeast Fishing Sector IX Operations Plan

November 20, 2017 — The following was released by NOAA Fisheries: 

Through an Interim Final Rule filed this morning, NOAA Fisheries withdraws approval of the 2017 and 2018 Northeast Fishery Sector IX operations plan. The Regional Administrator determined that the sector and its participants have not complied with the requirements of their approved operations plan, and that the continuation of the Sector IX operations plan will undermine achievement of the conservation and management objectives of the Northeast Multispecies Fishery Management Plan. This action follows the guilty plea and sentencing of Mr. Carlos Rafael, a major participant in Sector IX, who admitted to falsely reporting catch information.

Any Sector IX vessels that are currently at-sea on a groundfish trip must return to port immediately, and are allowed to offload and sell their catch. After that, vessels that are eligible to fish under other permits, without declaring a sector trip or using a multispecies day-at-sea, can continue to do so during the 2017 fishing year. Sector participants may not declare a sector trip or use a multispecies day-at-sea for the remainder of the 2017 fishing year. Sector IX may not lease in or out any groundfish allocation.

Read the rule as filed this morning in the Federal Register.

The comment period for this interim final rule closes on December 20.

You may submit comments on this document via the Federal eRulemaking Portal beginning November 22 or by sending them to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on the Interim Final Rule to Withdraw Approval of NEFS 9.”

Questions? Contact Jennifer Goebel, Regional Office, at 978-281-9175

Learn more about NOAA at their site here.

 

Massachusetts: NOAA shuts down Rafael’s fishing sector

November 20, 2017 — NOAA Fisheries dropped the hammer on New Bedford’s Carlos Rafael-dominated Northeast Fishing Sector IX on Monday, withdrawing the sector’s operation plans for 2017 and 2018 and shuttering the groundfish elements of the sector for the remainder of this fishing season.

NOAA Fisheries, which announced the management action Monday morning, said the sector was derelict in its compliance of the previously approved plans and that noncompliance helped Rafael misreport the scope and nature of his catch in a scam that led to his conviction and 46-month jail sentence.

“The action follows the guilty plea of Mr. Carlos Rafael, a major participant in Sector IX, who admitted to falsely reporting catch information,” NOAA Fisheries said in its statement.

NOAA Fisheries said its review showed that Sector IX failed to uphold section plan requirements to the extent that it undermined “foundational principles” necessary for successful sector operations.

Read the full story at the Gloucester Times

 

NOAA: Our New Community Resilience Website

November 20, 2017 — The following was released by NOAA Fisheries: 

We have been working with our Northeast Fisheries Science Center and other partners to address issues of community resilience and to develop ways to support our regional fishing communities.

Part of this effort is our new website that contains information on how we define community resilience, our near and long-term goals, recent workshop proceedings and next steps, as well as links to our partners, data portals, and other resources.

Learn how we are supporting our communities as they face regulatory, environmental, and economic challenges from a changing climate, ocean acidification, and other impacts.

If you have questions, email NMFS.GAR.Community.Resilience@noaa.gov.

To learn more about NOAA visit their site here.

 

New NOAA director seems willing to work with fishing industry

November 20, 2017 — Jon Hare has just completed his first twelve months on the job as science and research director for NOAA’s Northeast Fisheries Science Center in Woods Hole. And it’s a big job. But he’s still smiling.

The NEFSC manages the living marine resources of the Northeast Continental Shelf Ecosystem from the Gulf of Maine to Cape Hatteras. But Hare’s energy and enthusiasm have been equal to the task, while his willingness to listen and engage with all comers have earned him respect within NOAA and in the larger community. “It’s been a challenge but one that I’ve enjoyed,” he said, sitting down for a wide-ranging discussion at the Fishing Partnership office in New Bedford last week.

There was plenty to talk about but in this city, it begins with fish.

Among its many duties, the Science Center is responsible for conducting the groundfish surveys that determine annual catch limits for each species. Tensions with industry have ensued. Fishermen have frequently been critical of the survey’s methods and findings, convinced that cuts to their quota are a result of flawed science rather than falling stock levels.

There was not a lot of empathy from NOAA in the past but Hare has displayed his willingness to collaborate with the industry. NOAA supports a number of fishing industry-based projects, using commercial fishing vessels, to gather data that can be used to augment the government surveys.

“When any group asks me to meet with them I go. What we do affects them in their day-to-day life and that weighs on me,” he said. “I think now there is more of seeing the pros and cons of a particular piece of science. We need to value different perspectives. We should care what everyone thinks. It’s about communication.”

Read the full story at the New Bedford Standard-Times

 

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