Saving Seafood

Timeline: Case of Carlos Rafael

September 26, 2017 — Feb. 26, 2016: Federal authorities raided Carlos Seafood on South Front Street in New Bedford, arresting owner Carlos Rafael, 64, and bookkeeper Debra Messier, 60, both of Dartmouth, on charges of conspiracy and falsifying records. Rafael was held without bail; Messier was released on a $10,000 unsecured bond.

March 2, 2016: Rafael is allowed to return home under strict conditions of a $1 million bond; he is allowed to continue working, too. Rafael and his wife, Conceicao, agree to place their Tucker Lane home in North Dartmouth and Carlos Seafood as collateral for the bond.

March 25, 2016: Prosecutors receive an extension of the deadline to indict Rafael. The length of the deadline’s extension is not disclosed.

May 4, 2016: 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 court documents. 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 2016, according to the Office of U.S. Attorney Carmen Ortiz.

May 4, 2016: Antonio Freitas, 46, of Taunton is charged with using his special assignment status as a member of the Department of Homeland Security Task Force, which gave him access to restricted areas of Logan International Airport, to help Rafael smuggle cash out of the U.S. Freitas is a member of the Bristol County Sheriff’s Honor Guard.

Read the full story at the New Bedford Standard-Times

Members Review Proposals to Modernize Federal Fisheries Management

September 26, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held a legislative hearing on a series of bills aimed at improving federal fisheries management for commercial and recreational fisherman.

“Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. Whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore-side support, a boat manufacturer, or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small businesses,” Subcommittee Chairman Doug Lamborn (R-CO) said. 

H.R. 200, introduced by Chairman Emeritus Don Young (R-AK), reauthorizes the Magnuson-Stevens Fishery Conservation and Management Act. Since the last reauthorization, fishermen’s access has been eroded by federal agencies that ignore public input and rely upon outdated science in management decisions. Existing implementation of the law has resulted in negative impacts to local economies and a greater regulatory burden on recreational and commercial fishermen.

“My bill works to strengthen the Magnuson-Stevens Act by giving our nation’s regional fisheries councils the added flexibility they need,” Young said. “As a father of the original 1976 legislation, my goal is to reauthorize the MSA with a focus on maintaining the species; ensuring they’re healthy, can retain themselves and can continue to support coastal communities that rely on these fisheries.”

The Committee also discussed two bills from Rep. Garret Graves (R-LA), H.R. 2023, the “Modernizing Recreational Fisheries Management Act of 2017,” and H.R. 3588, the “RED SNAPPER Act,” which looked more closely at systemic issues facing recreational fishers and more specifically red snapper management.

“It is my hope that we can use these bills in front of us today to produce a strong, bipartisan Magnuson-Stevens reauthorization that supports jobs and our fishermen by strengthening the science, data, and process used in federal fisheries management,” Lamborn added.

Chris Oliver, Assistant Administrator for the National Oceanic and Atmospheric Administration (NOAA), conveyed the administration’s support for the added flexibility for innovative, regional management plans.

“NOAA Fisheries stands ready to work with the Congress to craft a reauthorization bill that addresses current fishery management challenges and ensures the Nation’s fisheries are able to meet the needs of both current and future generations,” Oliver stated.

Click here for full witness testimony.

South Atlantic Council Requests Allowing Harvest of Red Snapper in 2017 and 2018

September 26, 2017 — CHARLESTON, S.C. — The following was released by the South Atlantic Fishery Management Council:

Members of the South Atlantic Fishery Management Council voted today to approve a request to NOAA Fisheries that would allow fishermen access to red snapper in federal waters in the South Atlantic beginning in mid-to late October this year. If approved by NOAA Fisheries, it will be the first time since 2014 that the red snapper fishery has been open in federal waters off the coasts of the Carolinas, Georgia, and the east coast of Florida. The Council is requesting that NOAA Fisheries allow an interim annual catch limit (recreational and commercial) of 42,510 fish for 2017 via an emergency rule. The annual catch limit would allow for a recreational mini-season likely beginning the end of October, with approximately 6 to 12 days of fishing over a period of 3-day weekends. The recreational bag limit would be 1 fish per person/day with no minimum size limit. Commercial harvest would be allowed with a 75-pound trip limit. The recreational sector is allocated 71.93% of the total catch limit. If the Council’s request is approved, the number of days and specific dates of the recreational mini-season will be determined by NOAA Fisheries. A decision is expected in the coming weeks and will be announced by NOAA Fisheries.

In addition to the emergency rule request to allow an opening this year, the Council also approved measures in Amendment 43 to the Snapper Grouper Fishery Management Plan with the intent to have a red snapper season in 2018. The amendment would revise the process to calculate the annual catch limit for red snapper, allowing mini-seasons for red snapper beginning in July. If allowed, the recreational fishery would open the second Friday in July (July 13, 2018) and the commercial fishery the second Monday in July (July 9, 2018). The annual opening dates for the fishery were established through an earlier amendment.

Under the Council’s approved preferred alternative, the 2018 annual catch limit would also be 42,510 fish. Because fishing pressure would be greater during the summer months in most areas, it is estimated that the recreational mini-season would last between 4 to 7 weekend days with a 1 fish per person/day bag limit and no minimum size limit. The commercial trip limit would remain at 75 pounds. The number of recreational fishing days would be determined by NOAA Fisheries and announced prior to the July opening. The Secretary of Commerce must approve Amendment 43 before it is implemented.

There was much discussion on various management alternatives as Council members reviewed public input. Public hearings on Amendment 43 were held in August and over 230 written public comments were recently received on both the emergency rule request and Amendment 43. Public comment was also taken during today’s meeting. “We’ve consistently heard from our constituents about the increasing number of red snapper encountered and concerns that harvest has been prohibited for the past four years,” said Council Chair, Dr. Michelle Duval. “The majority of comments support allowing a limited harvest of red snapper.”

The Council’s decision to move forward with options to establish an interim annual catch limit and allow limited harvest of red snapper was based in part on the public testimony and support. The Council’s Scientific and Statistical Committee had recommended acceptable biological catch levels for red snapper following a 2017 stock assessment using both landings and estimated discards. Annual catch limits are based on those recommended catch levels. However, NOAA Fisheries later stated that using recreational discard estimates is likely ineffective for monitoring red snapper removals due to uncertainty in the estimates of discards. This inhibits the ability to set an acceptable biological catch that can be effectively monitored. In addition, the Council considered increases in the numbers of red snapper observed through a long-term scientific survey using fish traps.

Council members also noted the positive social and economic benefits of allowing mini-seasons beginning this year, especially on the heels of recent damage to fishing communities by Hurricane Irma.

State agency personnel will work diligently to collect information from fishermen if harvest is allowed. Personnel will be stationed at boat ramps, marinas, and other locations to gather data, similar to data collected during the 2012-2014 mini-seasons. “The Florida Fish and Wildlife Conservation Commission, Fish and Wildlife Research Institute will be conducting surveys of private recreational anglers and charter-for-hire crew,” explained Jessica McCawley, Council representative for FWC. “Additionally, biologists will be collecting tissue samples (ear bones and gonad samples) to evaluate the sizes, ages, and reproductive condition of the fish being harvested.” Council members noted that additional data collected during the mini-seasons would be useful in future management decisions.

Private recreational fishermen will also have an opportunity to report their catch information as part of a voluntary pilot project using the mobile iAngler tournament app. The free mobile app will allow fishermen to report their landings of red snapper, the number of fish released, depths fished, and other valuable information. Additional details will be publicized from the Council office as they become available.

“It is important for fishermen to remember that this is their red snapper resource,” explained Dr. Duval. “It is imperative that fishermen do everything possible to minimize the number of red snapper released during the season openings and use best fishing practices to improve the survival of released fish. Anglers are encouraged to move away from area populations after catching their bag limit and to use descending devices to reduce the impacts of barotrauma, especially when fishing in depths over 100 feet.” Dr. Duval also noted the rate of harvest in 2017 will determine the length of the 2018 red snapper season. “We must be cautionary in balancing access to the fishery without negatively impacting the sacrifices made thus far as this important stock continues to rebuild.”

The Council will continue its meeting this week through Friday. Additional meeting information is available at: http://safmc.net/2017-september-council-meeting/.

Rafael, potential buyer of fleet enter into Memorandum of Agreement

September 22, 2017 — NEW BEDFORD, Mass. — Carlos Rafael and a potential purchaser have entered into a Memorandum of Agreement regarding a sale of his vessels and accompanying permits that would remove the fishing mogul from the industry, according to court documents filed Wednesday.

Rafael’s sentencing memorandum reiterated the potential deal that was first publicly revealed in July. It also stated that NOAA and the U.S. Attorney’s Office haven’t taken a final position on the proposed sale and didn’t identify the buyer.

The Government’s Sentencing Memorandum, also filed on Wednesday, stated that the sale of Rafael’s entire fleet could be worth $70 million to $80 million to a local buyer.

On Monday, Rafael’s attorney’s filed an Opposition of Forfeiture, which stated a deal for 13 groundfish permits would be valued at $16.3 million. It made no reference, though, to the value of the entire fleet, but still suggested a deal would remove Rafael from the industry.

There are two prominent business in New Bedford that possess the means to inherit the permits: Whaling City Seafood Display Auction and Eastern Fisheries. Neither returned requests for comment.

It all stems from Rafael pleading guilty to falsifying fishing quota and smuggling cash in March. As part of the agreement, 13 vessels and the permits associated are subject of forfeiture.

Read the full story at the New Bedford Standard-Times

Fishing industry awaits Rafael outcome

Stakeholders weigh in on fate of Codfather’s permits, penalties

September 22, 2017 — The specter of Carlos Rafael, along with his legal baggage and trove of groundfish permits, continues to hang over the New England commercial fishing industry like a shroud that most stakeholders wish would just go away.

The sentencing of Rafael, the New Bedford fishing magnate known as “The Codfather” for his expansive vessel and groundfish permit holdings, is set to begin Monday in U.S. District Court in Boston on charges of conspiracy, lying to federal fishing regulators about the nature and size of his groundfish landings and bulk smuggling.

“We can’t wait for this to be resolved,” said Maggie Raymond of the Associated Fisheries of Maine.

The sentencing of the 65-year-old Rafael, who pleaded guilty in March as part of a plea deal with federal prosecutors, won’t end the contretemps. Not by a long shot.

While everyone seems to agree that Rafael should feel the full wrath of the law for his admitted misdeeds — he faces up to 76 months in prison, restitution of $109,000 to the IRS and the seizure of at least the 13 groundfishing vessels used in his scam — full resolution only will come when NOAA Fisheries decides the final fate of his 42 groundfishing permits.

There is no shortage of opinions of what NOAA should do.

Read the full story at the Gloucester Times

New Method to Estimate Abundance/Detect Trends in North Atlantic Right Whales Confirms Recent Population Decline

Study confirms need for urgent action

September 22, 2017 — NOAA Fisheries researchers and colleagues at the New England Aquarium have developed a new model to improve estimates of abundance and population trends of endangered North Atlantic right whales, which have declined in numbers and productivity in recent years.  The findings were published in the journal Ecology and Evolution.

Between 1990 and 2010, the abundance of North Atlantic right whales increased just under three percent per year, from about 270 animals in 1990 to 482 in 2010. After relatively steady increases over that time, abundance has declined each year since 2010 to 458 animals in 2015.  The analysis shows that the probability that the population has declined since 2010 is estimated at 99.99 percent. Of particular concern is decline of adult females in the population, estimated at 200 in 2010 but 186 in 2015, the known deaths of 14 North Atlantic right whales this year, and the widening gap between numbers of males and females.

“Although our work directly reveals a relatively small decrease, the subtext is that this species is presently in dire straits,” said lead author Richard Pace.

Read the full story at the Northeast Fisheries Science Center

NOAA Shipyard Update: NEFSC Fall Research Cruises Will Continue

September 22, 2017 — The following was released by NOAA Fisheries:

The annual NEFSC Fall Bottom Trawl Survey will be conducted on the NOAA Ship Pisces, which is a fishery survey research vessel similar to the Bigelow. Only Georges Bank and Gulf of Maine will be surveyed. The two most southerly areas, the Mid-Atlantic and Southern New England have been dropped.

If all goes smoothly in preparing the Pisces to support the survey, October 16 is the target start date carrying on through November 20.

Fishing gear will be moved from the Bigelow onto the Pisces, and some devices will be installed for monitoring trawl performance while the gear is fishing. Supplies and equipment needed for the survey are already aboard the Bigelow, and will be transferred to the Pisces. The modifications to Pisces are underway.

In a typical year, the Fall Bottom Trawl Survey occupies an average of 377 stations across the Northeast Continental Shelf from the Cape Hatteras to the northern Gulf of Maine in four segments, or legs. Each leg covers a different area beginning in the south and ending in the north.

The number of stations in the Georges Bank and Gulf of Maine survey areas will be similar to past years. Fewer data will be collected at each station because Pisces has less fish handling capacity than the Bigelow. However, samples critical for stock assessments will be collected, including lengths, weights, and hard parts used for aging fish (usually scales and ear bones). Two other NEFSC research cruises planned for this fall were also delayed by the Bigelow repair, and will be conducted on other ships.

The first leg of the Fall Ecosystem Monitoring cruise has been moved to the NOAA Ship Gordon Gunter, an oceanographic research vessel. This cruise collects oceanographic data and plankton samples and has been conducted from the Gunter in the past. There is no firm plan for Leg 2 of this cruise, but the Bigelow is an option if it is ready as scheduled. A beaked whale sighting survey was moved onto a chartered vessel, the R/V Sharp, operated by the University of Delaware, and has been completed with fewer objectives than originally planned.

Meanwhile, repairs continue on schedule for the NOAA Ship Henry Bigelow. The ship is expected back in service in early November 2017.

Read this update on the Northeast Fisheries Science Center website.

Commerce chief Ross makes waves, roils fisheries rules

September 21, 2017 — Commerce Secretary Wilbur Ross has wasted little time in giving a jolt to the nation’s fisheries.

In June, the 79-year-old billionaire investor who now oversees NOAA Fisheries singlehandedly extended the fishing season for red snapper in the Gulf of Mexico, ignoring protests from scientists and environmentalists that it could spur overfishing of the popular species.

Then in an unprecedented decision in July, he handed a big win to New Jersey fishermen and the state’s Republican governor, Chris Christie, by overturning catch limits for summer flounder that had been approved by an interstate fisheries commission.

While Ross wants more fishing and more seafood exports, critics say his early moves have smacked of meddling and favoritism and will ultimately sabotage hard-won conservation gains.

And many fear that states and fishing groups will directly seek political relief instead of following NOAA procedures and adhering to fishing quotas set by government experts and scientists.

“It just really seems that it’s kind of setting a bad precedent,” said Trey Blackiston, a former commercial fisherman from Chestertown, Md.

Noah Oppenheim, executive director of the Pacific Coast Federation of Fishermen’s Associations, said he’s still waiting for Ross to sign an emergency declaration for California crabbers and salmon fishermen. But he’s worried about the signals from Washington.

“We’re asking maybe the wrong questions, right?” Oppenheim said. “If the Trump administration is finding it easier to disrupt the status quo than to follow the normal procedures to get this done, we don’t want any part of that. We’re sort of sitting on the West Coast with one of the best fishery management council processes in place … watching the country crumble and wondering what the hell’s going on. But I’m not inclined to seek political favors.”

Read the full story at E&E News

NOAA Awards $1.7M For Harmful Algal Bloom Research To Protect Public Health From Toxins In Shellfish

Multi-year awards to focus on bloom prevention in seven states

September 20, 2017 — NOAA has announced nine research grants will go to organizations around the country seeking to better understand and measure the toxicity of harmful algal blooms, known as HABs.

In the first year, $1.68M will fund research for projects in Alaska, California, Florida, Maine, Maryland, Ohio and Virginia. The grants are administered by NOAA’s National Centers for Coastal Ocean Science.

NOAA funding enhances state and regional monitoring with advanced harmful algae detection capabilities, including shellfish toxin tests. (Credit: Washington State Department of Ecology Marine Monitoring Unit)

Grant recipients will conduct research to identify conditions that increase a bloom’s toxicity; model toxin movement from the water into shellfish, fish and marine mammals; and improve toxin monitoring and forecasts. The dense scum, strong odors and toxins produced by HABs can contaminate drinking water, trigger fisheries closures and disrupt tourism.

Read the full story at Water Online

NORTH CAROLINA: Federation Nets Grant for Oyster Restoration

September 20, 2017 — The North Carolina Coastal Federation has received $1.088 million in funding from the National Oceanic and Atmospheric Administration to continue its oyster restoration work in Pamlico Sound. Construction on the second phase of the project is slated to begin in January.

This is the second year the federation has received funding from NOAA’s Community-based Restoration Program for its oyster restoration work. Last year, it was awarded a $1.275 million grant. By the end of the three-year period, the federation could receive up to $3.8 million for oyster reef construction. This funding supports the federation’s goal to build 50 acres of oyster reef statewide through its 50 Million Oyster Initiative.

Matching state budget appropriations from the North Carolina General Assembly have helped the federation receive this federal grant funding in 2016 and 2017. When combined with existing state funding, the budget provides $1.3 million to continue work on the Sen. Jean Preston Oyster Sanctuary Network.

Read the full story at Coastal Review Online