Saving Seafood

Carlos Rafael wins sentencing delay

May 24, 2017 — The sentencing of New Bedford fishing mogul Carlos Rafael has been moved off another month and he now is expected to hear his fate on July 28 in U.S. District Court in Boston.

Rafael, who pleaded guilty in late March to falsifying fish quotas, conspiracy and tax evasion, requested the extension. He said he needs more time gather and provide the relevant — and voluminous — financial records that are the center of the federal government’s case against him.

Rafael, 65, initially was set to be sentenced by U.S. District Court Judge William G. Young on June 27.

“The short continuance requested in this motion will allow Mr. Rafael to complete this process such that the information can be presented in the pre-sentence report and considered at sentencing,” William H. Kettlewell, Rafael’s attorney, wrote in his motion for the extension.

Prosecutors did not oppose the extension.

Under his plea agreement with federal prosecutors, Rafael may have to surrender up to 13 of his groundfishing vessels and must pay almost $109,000 in restitution to the Internal Revenue Service.

Rafael, known throughout New England as the “Codfather” because of his vast vessel and permit holdings, could face up to 76 months in prison on the three charges — far less than the up to 20 years he would have faced under the original 27-count indictment.

Federal prosecutors have recommended a prison sentence of 46 months and a significant period of supervised release.

Read the full story at the Gloucester Times

Fluke fight finally finished – for 2017

May 24, 2017 — Local fishermen have finally learned what the regulations will be for the summer flounder season in New Jersey. After a very long period of bickering, a compromise has been reached.

For all coastal waters there will be a 3-fish daily limit with an 18-inch minimum size limit. The minimum size in Delaware Bay will be 17-inches while anglers fishing on the beach at IBSP will have a daily limit of two fish at 16-inches. The season will begin on Thursday, May 25, and run until Tuesday, September 5.

In 2016 the summer flounder season ran from May 21 through September 25 with a five fish per day limit and a minimum size of 18-inches. The original proposed restrictions for 2017 called for a 19-inch minimum size and a daily limit of 3 fish.

The NJ Marine Fisheries Council recommended the new rules at a meeting last week, and DEP Commissioner Bob Martin has approved them with a season running from May 25 through September 5.

The regulations adopted by DEP are final but the Atlantic States Marine Fisheries Council did not accept them, and appear to be moving toward New Jersey being in non-compliance.

Although few anglers are pleased at these regulations, it is a compromise from prior statements and a reflection of the work put forth by NJ state officials at the federal level.

The federal government had mandated rules to reduce the total catch by New Jersey recreational anglers. This determination was reached when NOAA announced the stocks of summer flounder had been reduced to unacceptable levels.

The state of New Jersey decided to fight the federal mandate with Governor Chris Christie and the New Jersey Department of Environmental Protection coming out strongly against it. State officials including DEP head Bob Martin met with senior officials from the Department of Commerce and NOAA Fisheries to express their opposition.

Read the full story at the Asbury Park Press

SCeMFiS Announces $200,000 for Fisheries Management Research on Mammals, Menhaden, Ocean Quahogs, Surf Clams

WASHINGTON (Saving Seafood) – May 23, 2017 – The Science Center for Marine Fisheries (SCeMFiS) Industry Advisory Board (IAB) announced $200,000 in funding today for seven fisheries research projects and marine mammal-related work. The funding was approved during the Spring IAB Meeting held in Ocean Springs, Mississippi from April 26-27.

The selected projects will research species such as menhaden, ocean quahogs, surf clams, and marine mammals. They will also address critical management issues related to how fisheries managers conduct and implement stock assessments. Grant recipients include researchers from the Gulf  Coast Research Laboratory at the University of Southern Mississippi (USM), the School for Marine Science and Technology at UMass Dartmouth (SMAST), the Virginia Institute of Marine Science at the College of William & Mary (VIMS), and the University of Maryland Center for Environmental Science (UMCES).

“The projects, both shellfish and finfish, that have been funded by SCeMFiS have already shown positive results in contributing to the ‘Best Science’ available,” said Guy Simmons, Vice President of Marketing and Product Development at Sea Watch International and Chairman of the IAB, in a SCeMFiS release. “I believe the success of the past four years has been validated by new membership recruitment and the acceptance of the science from management agencies. I am especially proud of the work that went into the development and approval of our seven new research projects.”

SCeMFiS is sponsored by the National Science Foundation (NSF) through its Industry/University Cooperative Research Centers Program, which matches industry, government and other organizations with relevant academic specialists. The SCeMFiS IAB is composed of members of the shellfish and commercial finfish industries and the National Oceanic and Atmospheric Administration’s Northeast Fisheries Science Center (NEFSC) in Woods Hole, Massachusetts.

“As participants in the Atlantic surf clam and ocean quahog fisheries, many of its stakeholders have been involved in cooperative research with the goal of reducing uncertainty in the fisheries management plan for many years,” said Mr. Simmons. “Since the formation of SCeMFiS, these efforts have been dramatically enhanced by the involvement of all the members as well as the guidance from the National Science Foundation.”

The IAB will review funded projects at its next meeting in Cape May, New Jersey October 31-November 1. A full list of SCeMFiS research projects already underway can be found online here.

Descriptions of the seven new research projects, provided by SCeMFiS, are below:

Risk-Based Catch Advice 

  • Evaluation of Alternative Approaches to Risk-Based Catch Advice – this project will review and evaluate methods applied by Scientific and Statistical Committees of regional fishery management councils to evaluate forecast error and improve optimal yield within an appropriate consideration of uncertainty and risk. Principal Investigator: Steve Cadrin, UMass Dartmouth [SMAST]

Stock Assessment

  • Stock Assessment Team – the stock assessment team will provide external support to NMFS for benchmark assessment working groups with a focus in 2017 on the Atlantic mackerel assessment. Principal Investigator: Eric Powell, USM

Marine Mammals

  • Independent Advisory Team for Marine Mammal Assessments – Phase V – this team addresses uncertainties in slow growing marine mammal populations and the interactions between marine mammals and fishing operations. Principal Investigator: Paula Moreno, USM.

Atlantic Menhaden

  • Evaluation of Sampling Adequacy for Atlantic Menhaden Fisheries – this project will evaluate the current Atlantic sampling program for the characterization of menhaden fishery catch leading to recommendations designed to increase sampling efficiency. Principal Investigators: Geneviève Nesslage, UMCES & Robert Leaf, USM

Ocean Quahog

  • Ocean Quahog Population Dynamics: Validation of Estimation Procedures for an Age-at-Length Key – this study builds on previous work that developed the first population age frequencies for the U.S. stock by developing and testing approaches for deriving age-at-length keys from sparse datasets. Principal Investigators: Eric Powell, USM & Roger Mann, VIMS
  • Ocean Quahog Population Dynamics: Population Modeling to Interpret Population Age Frequencies – this project will develop a population dynamics model to explain observed changes in abundance at age over the past 250 yr since ocean quahogs first colonized their present Mid-Atlantic range. Principal Investigator: Eric Powell, USM

Surf Clams 

  • Survey of Surf Clams (Spisula solidissima) Southeast of Nantucket – this will be the first survey of a region providing substantial surfclam catch to determine the need to expand the NMFS stock survey and to evaluate the distribution of complex habitat within the Great South Channel Habitat Management Area. Principal Investigators: Roger Mann, VIMS & Eric Powell, USM

Read a release from SCeMFiS here

Offshore Wind Turbines Blamed For Killing Family Of Whales

May 23, 2017 — Marine environmental experts blame offshore wind turbines for the deaths of three minke whales that washed up on British beaches, The Times reported Monday.

Wildlife experts claim that the noise generated by wind turbines affected the sonar that whales use to navigate, causing them to beach themselves. There are several commercial offshore wind farms close to where the whales beached themselves.

“My personal opinion is that it could be a consequence of wind farms and the amount of sand in the water,” John Cresswell, chairman of the Felixstowe Volunteer Coast Patrol Rescue Service, told The Times. “If you stop the boat off the coast you can feel the vibrations and hear the noise.”

The U.K. coastguard received reports of a minke whale calf that had become separated from its mother Friday evening. By the next afternoon, it had been found dead at the mouth of the River Ore, and its mother washed up near Felixstowe. On Sunday, another dead adult whale surfaced, indicating that an entire family could have been killed.

“There are studies that show that the sounds created by the operational noise of the turbines create vibrations under that may in fact disorient marine mammals like whales,” Bonnie Brady, director of the Long Island Commercial Fishing Association who regularly discusses the impacts of noise on marine mammals, told The Daily Caller News Foundation. “In the case of what looks like this mother and calf, they go on the wrong path and end up disoriented then beaching themselves. The sound kills.”

Read the full story at The Daily Caller

EDF: Rafael’s assets should be seized, fund fishery restoration

May 21, 2017 — After decades of fraud, Carlos Rafael can finally do some good for the fishing industry, fishermen and fish stocks he so badly damaged.

Mr. Rafael reaped tens of millions of dollars, mislabeling millions of pounds of fish to mislead regulators and exceed quota limits. In the process, he was not just breaking the law — he was undermining sustainability in the New England groundfish fishery, cheating his fellow fishermen of their future.

Mr. Rafael amassed an empire of more than 40 fishing boats and 44 fishing permits, making his one of the largest commercial fishing companies in the country. Now, having pleaded guilty to a raft of charges including false labeling, conspiracy and tax evasion, he faces the potential for serious jail time when he is sentenced on June 27. But that should just be the beginning. NOAA, the IRS and the federal judge in this case have an unprecedented opportunity to dispense justice in a way that can transform this iconic fishery.

Leaders in the fishing industry have made two demands that we support: Carlos Rafael should never again be allowed to fish, and his groundfish quota should be redistributed to other participants in the fishery who were among his victims. We propose a third remedy: He should face steep fines and asset seizures proportionate to his crimes, and the proceeds should be used to fix system failures that allowed his criminality to flourish.

Specifically, we are calling for the creation of a Groundfish Monitoring Fund. One of the major causes of the New England cod crisis, and a key enabler of Rafael’s crimes, is inadequate monitoring of the groundfish fleet. Only 1 out of 10 groundfish boats carries an at-sea observer, and there are no monitors to document catch when fishermen bring their harvest to land. As a result, participants in the fishery can’t have confidence that all are abiding by fishing rules, and little accurate information on fishing activity exists upon which to base harvest limits. It is no wonder that Rafael’s massive fraud went undetected for so long, or that this fishery has one of the worst records of stock recovery in the country.

A Groundfish Monitoring Fund could turn this fishery around. In other places, like the U.S. Pacific and British Columbia, successful groundfish monitoring programs have helped resuscitate stocks and put fishermen on a level playing field. There are growing calls for New England to adopt similar innovations, and the Fishery Management Council recently kicked off an amendment process that could get this done. A major remaining challenge, however, is the cost burden of effective monitoring. If a Groundfish Monitoring Fund could overcome that hurdle by helping underwrite costs, it could be a historic breakthrough.

Read the full opinion piece at the New Bedford Standard-Times

JOHN PAPPALARDO: What justice looks like for our fisheries

May 20, 2017 — The high-profile arrest of Carlos Rafael followed by his guilty plea to lying about the fish he caught and sold is final proof of the existence of a devastating rogue wave that has battered the historic New England fishery.

Rafael tainted an entire industry, making fools of hardworking, honest fishermen who have been playing by the rules under increasingly difficult circumstances.

It’s entirely possible that his illegal reporting distorted the scientific analysis that powered our fish population assessments. By mislabeling depleted species and selling them as abundant species, Rafael kept scientists from making honest estimates of how much fish actually was in the water. Public policy was built on bad assumptions, which in turn created double damage — lowering limits on the amount of fish honest fishermen were allowed to bring to shore while at the same time stealing the resource we are all committed to rebuilding.

Now comes the crucial question: What does justice look like in the aftermath of an admitted economic and environmental crime of this magnitude?

First, Carlos Rafael should be banned from commercial fishing, forever.

Second, the fishing quota he owns (pounds of fish allowed to be landed each year) should be redistributed to all of the fishermen in our region, because they are the ones most damaged by his criminal enterprise.

Third, additional revenue on his assets, whether from outright confiscation and sale, or fines and penalties, should be used to fund major improvements in how our fisheries are monitored and studied. This is the only way to assure that the same thing won’t keep happening over and over again, to protect honest fishermen and to revive fish populations.

While most fishermen are hardworking and law-abiding, making a living in a dangerous but gratifying way, we need to acknowledge that Rafael is not the only person to game the system (though he’s likely the worst). This is the moment to learn from what he was able to pull off and shut the door on anyone who aims to steal public resources from the ocean, other fishermen and the American public.

By Rafael’s own estimation, his fleet is worth between $75 million and $100 million. In the plea bargain proposed in return for his guilty plea, only 20 percent of his holdings (13 vessels and permits worth about $15 million) would be confiscated. This would leave him with $60 million or more of assets.

Read the full opinion piece at the Cape Cod Times

Warming water threatens fishing ports

May 22, 2017 — The continued warming of the Gulf of Maine is expected to pose additional threats to the region’s commercially important species of seafood — and by extension to the fishing communities that harvest them, according to a new study.

The study, jointly compiled by researchers at NOAA’s Northeast Fisheries Science Center and the Nature Conservancy, draws the link between the region’s unprecedented warming and concerns about the ability of species to find new, sustainable habitats.

“These changes will directly affect fishing communities, as species now landed in those ports move out of range, and new species move in,” said the authors of the study that appears in journal Progress in Oceanography.

The migration of a spectrum of species could create “economic, social and natural resource management challenges” throughout the region, according to the study.

“The projections indicate that as species shift from one management jurisdiction to another, or span state and federal jurisdictions, increased collaboration among management groups will be needed to set quotas and establish allocations,” the researchers concluded. 

At the heart of the concern is the startling rate at which the Gulf of Maine is warming.

Previous research has shown the region’s surface waters are warming faster than 99 percent of the Earth’s oceans and the study’s researchers project the region will continue to warm “two to three times faster than the global average through the end of this century.”

Read the full story at the Gloucester Times

Gulf of Maine will become too warm for many key fish, report says

May 22, 2017 — A new study by federal fisheries scientists predicts the warming of the Gulf of Maine will cause a dramatic contraction of suitably cool habitat for a range of key commercial fish species there. On the other hand, lobsters are more likely to find hospitable areas.

The study by seven scientists at the National Oceanic and Atmospheric Administration’s Northeast Fisheries Science Center in Woods Hole, Massachusetts, used a high-resolution global climate model and federal fisheries survey data to model how key fisheries species would likely be affected by predicted warming over the next 80 years.

The results confirmed previous research using other models and methods that found that the Gulf of Maine can be expected to become increasingly uncomfortable for many of the cold-loving species that have thrived here for all of recorded history but are at the southern ends of their ranges. Those include cod, haddock, redfish, plaice and pollock.

“The main message here is how important it is to understand the potential magnitude of the changes that you see when you get a finer, higher-resolution view of the implications of changing sea temperatures,” says co-author Michael Fogarty, chief of the ecosystem assessment program at the Northeast Fisheries Science Center.

The scientists caution that the research analyzes just one factor – albeit an important one – the distribution of thermally appropriate habitat for each of 58 species. Their results predict the changes in the amount and location of such habitat but don’t account for many other factors that can influence the future populations of the species themselves, such as what happens to what they eat or what likes to eat them, or how the increasing acidity of the ocean – another product of climate change – will affect each.

Read the full story at the Portland Press Herald

Groups Praise Oliver as likely NMFS assistant administrator

May 19, 2017 — Pacific Seafood, fishing organizations and other groups, praised the likely appointment of Chris Oliver, executive director of the North Pacific Fisheries Management Council, as the next assistant administrator for Fisheries at the National Oceanic and Atmospheric Administration (NOAA) in the United States.

Oliver, who was championed for the position by major U.S. seafood processors and organizations, confirmed the appointment in an email to SeafoodSource, which was also sent to his staff members.

“I have been contacted by the Department of Commerce, offered the position, and have accepted the position, with a tentative start date of June 19,” Oliver wrote.

However, Oliver stressed that the appointment is not final yet, since it is still subject to the White House vetting and approval process.

“I, and Commerce, would have preferred to keep this information close hold until the full appointment process is indeed finalized; but, given the timing involved, and the necessary transitional aspects involved, I feel it is incumbent upon me to let everyone know the status of this,” he said.

Oliver has served as the executive director of the North Pacific Fishery Management Council for the past 16 years. Prior to serving as executive director, Oliver also worked as the deputy director of the council and as Gulf of Alaska Fishery Management Plan Coordinator.

Since January, Pacific Seafoods, American Seafoods Company, other processors, and several fishing groups, have pushed for Oliver’s appointment. Other candidates for the job included LaDon Swann with the Mississippi-Alabama Sea Grant Consortium and Robert Barham, who previously served as wildlife and fisheries secretary in Louisiana.

Read the full story at Seafood Source

NE Fisheries Scientists Expect Drastic Changes as Gulf of Maine and Georges warm 7 to 9 degrees

May 19, 2017 — SEAFOOD NEWS — A new paper by a number of scientists formerly with NOAA’s Northeast Fisheries Science Center suggests that there will be drastic changes in fisheries and the ports that depend on them during the next 60 to 80 years. Among the predictions for specific species, lobster and dogfish are likely to thrive. Also mid-Atlantic Fish like croaker and striped bass will find more suitable habitat in New England. The “changes will result in ecological, economic, social, and natural resource management challenges throughout the region,” said Kristin Kleisner, the lead author of the study. “It is important to understand large-scale patterns in these changes so that we can plan for and mitigate adverse effects as much as possible.”

The USDA said domestic catfish processors operate similarly to meat and poultry processing-only operations and can be subject to inspections just once per production shift. When the USDA adopted catfish inspections last March, inspectors practiced continuous inspection procedures so the agency could understand the fish slaughtering and production process. But the USDA said it is adopting the FDA’s definition of fish processing, which combines the slaughter and processing steps. This will exempt domestic catfish operators from continuous inspections once the program takes full effect this September.

In other news, Russia plans to significantly increase exports of cod and pollock to the Latin American market in coming years. Russia’s Federal Fishery Agency said demand for white fish in the domestic market is relatively low. Meanwhile, demand for white fish is up significantly in such countries as Brazil, Argentina and other Latin America states. To date, there are already several agreements to supply Russian cod and pollock to Brazil.

The season’s first catch of Copper River salmon will arrive in Seattle straight from Alaska this Friday. As per tradition, the Alaska Airlines Boeing “salmon 30 salmon” will deliver the fish to the Sea-Tac Airport. The seasoned opened this morning.

Finally, The Ecology Action Centre (EAC) said the suspension of the offshore Marine Stewardship Council certificate for the Newfoundland cod fishery in the 3Ps region confirmed its initial concern and objection to the designation. The EAC was among a group that objected to the 3Ps certification last year. “While we fully support efforts to both achieve and celebrate improvements in sustainable fisheries, we had deep concerns about this cod stock throughout the certification process. Suffice it to say we are not at all surprised that the issues we raised last year, including low bar for recovery, evidence of poor stock health and a high rate of mortality,” said Susanna Fuller, Senior Marine Conservation Coordinator at the Ecology Action Centre.

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