Saving Seafood

  • Home
  • News
    • Alerts
    • Conservation & Environment
    • Council Actions
    • Economic Impact
    • Enforcement
    • International & Trade
    • Law
    • Management & Regulation
    • Regulations
    • Nutrition
    • Opinion
    • Other News
    • Safety
    • Science
    • State and Local
  • News by Region
    • New England
    • Mid-Atlantic
    • South Atlantic
    • Gulf of Mexico
    • Pacific
    • North Pacific
    • Western Pacific
  • About
    • Contact Us
    • Fishing Terms Glossary

HANK SOULE: Rafael: Punishment should fit the crimes

May 9, 2017 — New Bedford fishing mogul Carlos Rafael has now pleaded guilty to a suite of felonies including tax evasion, smuggling fish to shore and cash offshore, false federal reporting, and evading quotas. The Justice Department has worked up a plea deal including four years in prison and seizure of some boats and permits. That suffices for the cash-related crimes, and thanks goes to law enforcement for their long, hard work and the penalties imposed. But it’s not enough.

Rafael has a multi-decadal history of lawbreaking. In 2016 the Boston Globe reported, “Rafael has a history of crime related to his business. He served a six-month prison term for tax evasion in the 1980s and was charged with price-fixing in 1994, though he was acquitted in that case, according to court records. He was also convicted of making false statements on landing slips for commercial fishing vessels in 2000 and was sentenced to probation, according to court records.”

That’s not the half of it. The National Maine Fisheries Service has record of 20 separate admitted violations over the last two decades involving Rafael’s vessels and corporations. They include sub-legal net mesh sizes, missing fishing day declarations and under-counting, quota violations, false reporting, and concealing illicit catch. The boats and scams varied but they all have one common thread: The name “Rafael” stamped on the corporate documentation.

It is no stretch to stipulate that this record, along with the recent case at hand, constitutes prima-facie evidence of repeated, willful, and egregious criminal activity on the part of Rafael. These violations caused unknown harm to fishery resources — by statute, property of the people of the United States — and to all the law-abiding fishermen who have suffered under increasingly stringent regulations (or been forced out of the business entirely). The question at hand is: How to protect the victims and environment alike from this serial offender?

Here’s the rest of the story: In addition to the 13 vessels and permits to be seized, Rafael has another eight vessels and 25 permits still enrolled in the groundfishery. The government has not proposed to restrict those vessels in any way. There are no known sanctions on the offending captains. No additional monitoring of those vessels is planned. In other words: It’s pretty much business as usual, and for Rafael while the loss of those 13 vessels is unfortunate, it’s just one of the costs of engaging in smuggling.

Read the full opinion piece at National Fisherman

MASSACHUSETTS: Labor Council latest to make plea for Carlos Rafael permits to remain in New Bedford

May 8, 2017 — The line of organizations with their eyes focused on the future of Carlos Rafael’s fishing permits continued to grow Friday.

The Greater Southeastern Massachusetts Labor Council addressed a letter to John K. Bullard, NOAA’s regional director from Maine to Cape Hatteras, North Carolina, as well as U.S. Attorney William Weinreb that urged the two men “to allocate the fishing permits now controlled by Carlos Rafael to the New Bedford area.”

“We sent a letter basically because of the fishing industry in New Bedford,” Cynthia Rodrigues, president of the council said. “(The permits landing elsewhere) will hurt the fishing in New Bedford.”

Bullard said he couldn’t comment on matters under litigation but saw no issues with parties announcing their opinions on the matter.

“I think it is perfectly fine for people to weigh in on what they think should happen in this case. It is a significant case and many people have been impacted,” he said. “There is nothing wrong with people letting us know how they feel about this case or what they think the government should do. That is perfectly appropriate at any time. But the case is under litigation.”

Read the full story at the New Bedford Standard-Times

Three Contenders Emerge to Lead Fisheries Service

May 5, 2017 — SEAFOOD NEWS [E&E News] — A former Louisiana official, an Alaskan fishery manager and a Sea Grant program director are reportedly in the running to head the National Marine Fisheries Service.

NMFS — an agency within the National Oceanic and Atmospheric Administration — oversees fishing regulations, endangered species listings and fisheries research. It is headed by an assistant administrator for fisheries, a position that Commerce Secretary Wilbur Ross can fill without Senate confirmation.

It’s unclear when Ross — or the White House — will make that decision. But three names have popped up as contenders, according to several sources inside and outside the agency: Robert Barham, Chris Oliver and LaDon Swann.

Barham was once Louisiana’s wildlife and fisheries secretary, Oliver heads the North Pacific Fishery Management Council and Swann is the director of the Mississippi-Alabama Sea Grant Consortium.

Fishermen are split in their support.

Robert Barham

Barham served as wildlife and fisheries secretary under former Louisiana Gov. Bobby Jindal (R). Some recreational fishermen in the Gulf of Mexico — as well as the shrimp and menhaden industry — recently sent letters to Ross emphasizing Barham’s Louisiana experience and his identity as a hunter and fisherman.

“We have had the opportunity to work with Mr. Barham over the years and … it is evident that he possesses the management ability and understanding of the nuances of maintaining sustainable fish populations, while maximizing their economic value,” wrote officials from Omega Protein Corp. and other companies that harvest menhaden, a tiny forage fish used in fish oil.

Some Gulf of Mexico anglers have also tried to propel Barham to the NMFS spot, with the hope that he will come down on their side in the controversy over red snapper quotas. The debate has made its way to Capitol Hill, with some Republicans newly enraged by this year’s three-day recreational fishing season.

In a Facebook post shared among anglers, fisherman Steve Hoyland Jr. provided a form letter to send to Ross that praised Barham’s ability to “manage the public’s fish and wildlife resources in a manner that balances conservation and access.”

“If Robert Barham could get this position, it would totally change how our fishery is managed,” Hoyland wrote in one post. “THIS MAN IS ON OUR SIDE!!! We need him in this seat.”

Barnum’s tenure at the Department of Wildlife and Fisheries was marred after auditors found questionable spending between 2010 and 2015. A report from the state legislative auditor found, among other things, that the department spent some Gulf oil spill recovery money on boats, cameras, iPads, clothing and “an abundance of fishing and water sports equipment.”

The money was part of $10.5 million BP PLC provided for a seafood safety program to test fish. According to the Associated Press, Barnum has said the program came in under budget and properly tested fish. He has also emphasized that it wasn’t a taxpayer-funded program.

Chris Oliver

Oliver is the longtime executive director of the North Pacific Fishery Management Council, which is based in Anchorage, Alaska. Commercial and charter boat fishermen have endorsed him as an experienced leader, with groups from New England, the Pacific, the Atlantic and the Gulf of Mexico sending letters of support to the Commerce Department.

Most recently, the Gulf Seafood Institute, the Louisiana Restaurant Association, the Charter Fisherman’s Association and similar groups wrote in an April letter to Ross that Oliver “has proven to be a motivated and talented leader with a passion for bridging divides among diverse fishing interest in the Pacific Northwest and beyond.”

Oliver has helmed the fishery council for 16 years. In an interview with the Alaska Journal of Commerce earlier this year, he said he would be “inclined” to take the NMFS job if asked.

“There’s no guarantee … that I would say yes if they offered it to me,” he told the newspaper. “But I’ve got a lot of people who’ve expended a lot of effort, and my understanding is I’ve got a pretty strong backing from our congressional delegation.”

Oliver began at the council in 1990 as a plan coordinator. He is from Texas and worked on Gulf of Mexico shrimp fishery management issues, according to his biography on the council’s website. He has advocated for a more regional approach to fishery management.

Several council decisions in recent years have been reversed by the courts. Last year, for example, the 9th U.S. Circuit Court of Appeals overturned a 2011 decision to remove an Alaskan salmon fishery from federal oversight. Fishing groups won a lawsuit in 2012 to overturn the council’s fishing closures to protect Steller sea lions.

LaDon Swann

Swann directs one of 33 Sea Grant programs President Trump has proposed eliminating, citing its primary benefit to “industry and state and local stakeholders.”

Congress appears unlikely to follow through with that suggestion; an omnibus spending package slated to pass this week preserves the popular program. And Swann — who has also worked at the Illinois-Indiana Sea Grant College Program — is reportedly the pick of some Alabama lawmakers who see him as a good fit for NMFS.

In his position at Sea Grant, Swann must help coastal communities become resilient without stirring up debate about climate change. He recently told ProPublica that the Mississippi-Alabama Sea Grant Consortium is “a neutral broker of science information” that is there to give communities the data — not persuade them of the link between climate change and coastal hazards.

Swann is also a recreational fisherman. A 2015 al.com article detailed his record-breaking catch of a 94-pound cubera snapper.

Swann, who has a master’s in fisheries biology and a Ph.D. in curriculum, is also former president of the United States Aquaculture Society. In recent years, NMFS has attempted to promote sustainable aquaculture as a way forward for the increasing demands for seafood.

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

Feds holding the line on monkfishing rules for now

May 5, 2017 — PORTLAND, Maine — Federal fishing regulators say the rules for harvesting monkfish are staying the same for now.

Monkfish are bottom-dwelling fish that resemble sea monsters and are prized by some chefs. They are fished commercially along the East Coast and are a popular item at fish markets and restaurants.

The National Oceanic and Atmospheric Administration says there have not been changes to monkfish possession limits for 2017.

Read the full story from the Associated Press at the Virginian-Pilot

Anglers seeing red over snapper season

May 5, 2017 — To say the least, local anglers are unhappy about the three-day federal red snapper season this year.

“A federal season is a joke,” said Chris Nixon of Wewahitchka. “A three-day federal season is an insult.”

Other words used by anglers to describe the three-day season included “ridiculous,” “shenanigans,” “a travesty,” “a sick joke,” “corruption at its finest” and a handful of curse words.

For years now, the National Oceanic and Atmospheric Association (NOAA) has been steadily shrinking the length of the red snapper season for private anglers. Twenty years ago, the red snapper fishery was open to recreational anglers year round. Then the Sustainable Fishery Act of 1996 passed, and the season started shrinking to combat overfishing and rebuild stocks.

From 2000 to 2007, the season was open from April 21 through Oct. 21, but then NOAA changed the management plan to try to rebuild the stock faster. In 2008, it dropped to 66 days. In 2010, it was 53 days. In 2012, it was 40 days. In 2014, it was nine days.

In 2014, private anglers and for-hire boats still were operating under the same rules, but a nine-day season was devastating to for-hire boats, who depend on customers. So, in 2015 a new rule, Amendment 45, was put in place by NOAA, dividing the two groups. Private anglers received 10 days; for-hire boats had a 44-day season.

Now, private anglers have a historically short three-day season — that doesn’t fully align with a weekend — and they are crying foul. And for-hire vessels have a 49-day federal season.

Read the full story the Panama City News Herald 

Monkfish Permit Holders: No Changes to Monkfish Posession Limits for Now

May 4, 2017 — The following was released by NOAA Fisheries:

We would like to remind monkfish permit holders that there have not been any changes to the monkfish possession limits for 2017.

We have not yet published a proposed rule soliciting public comment on Framework Adjustment 10 to the Monkfish Fishery Management Plan. If approved, Framework 10 would increase several possession limits.

We anticipate the proposed rule will be filing soon, and will announce when the proposed and final rules are published.

NOAA Fisheries Announces the Opening of the Western, Northern, and Southern (Gillnet component) Zones to Commercial King Mackerel Fishing in the Gulf of Mexico On May 11, 2017

May 4, 2017 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries announces the re-opening of the western, northern, and southern (gillnet component only) Gulf of Mexico zones to commercial king mackerel fishing at 12:01 a.m. local time, May 11, 2017. NOAA Fisheries will publish a closure notice for each zone when the respective quota is projected to be reached.

WHY THIS RE-OPENING IS HAPPENING:

  • A final rule effective on May 11, 2017, increases the quota for each zone in the Gulf of Mexico.
  • The western, northern, and southern zones are currently closed because landings reached the old quotas.
  • The increase in the quotas allows additional harvest for the 2016/2017 fishing year, thus NOAA Fisheries is re-opening the zones in the Gulf of Mexico which have available remaining quota to commercial king mackerel fishing.
  • The landings for the southern zone hook-and-line component exceeded the original quota and are at 100 percent of the new quota; thus, only the western, northern, and southern (gillnet component only) zones will re-open.
  • Beginning May 11, hook-and-line fishing will be prohibited in the Florida Keys, which will now be part of the southern zone in the Gulf year round, and thus is subject to the Gulf of Mexico southern zone hook-and-line component closure.
  • Additional quota information for the 2016/2017 season is as follows:
Pounds landed Old quota Old quota % New quota New quota % Pounds left
Western 1,114,278 1,071,360 104.00 1,180,000 94.43 65,722
Northern 289,641 178,848 161.95 531,000 54.55 241,359
Southern Hook and Line 619,544 551,448 112.35 619,500 100.01 0
Southern Gillnet 534,892 551,448 97.00 619,500 86.34 84,608

FREQUENTLY ASKED QUESTIONS (FAQs)

Where are the zones that will re-open?

  • Please see the map below.

Why aren’t all of the zones re-opening?

  • Zones are only re-opening if there is sufficient available quota to harvest
  • NOAA Fisheries determined that the southern zone hook-and-line component does not have sufficient quota available to allow for a re-opening and a timely closure to prevent exceeding their quota.
  • Therefore, the southern zone hook and line sector will not be re-opening for the 2016/2017 fishing year when the final rule becomes effective May 11.
  • Because the Florida Keys will now be part of the southern zone in the Gulf year round, harvest of hook-and-line fishing there for king mackerel is prohibited when the southern zone is closed.

What will the quotas be in later fishing years?

  • Quota for years up to the 2019/2020 fishing years are listed below.
Year Western Northern Southern Hook and Line Southern Gillnet
2016/2017 1,180,000 531,000 619,500 619,500
2017/2018 1,136,000 511,200 596,400 596,400
2018/2019 1,116,000 502,200 585,900 585,900
2019/2020 1,096,000 493,200 575,400 575,400

What is the status of the king mackerel population in the Gulf of Mexico?

  • A 2014 assessment determined that the Gulf of Mexico king mackerel population is not undergoing overfishing (too many fish being harvested) nor is it considered to be overfished (too few fish).
  • The assessment indicates that catch levels for the population can be increased.

Related Links and Information can be found on NOAA Fisheries Website:   http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/cmp/2016/am%2026/index.html

3-Day Red Snapper Season for Anglers in Gulf’s US Waters

May 3, 2017 — Private recreational anglers went 25 percent over last year’s quota for red snapper , and will have only three days to fish federal waters this year for one of the Gulf of Mexico’s most popular sport and table fish, federal regulators said Tuesday.

Charter boat captains will have a 49-day season. Both seasons will start June 1.

“It’s a disappointment to me to that we have made such gains in rebuilding this stock but the season’s going to be this short,” said Roy Crabtree, regional fisheries administrator for the National Oceanic and Atmospheric Administration.

A big reason, he said, is that private anglers are expected to take 81 percent of their 3 million-pound (1.3-million kilogram) quota out of state waters, where seasons range from 66 days off Alabama to year-round off Texas.

 That leaves little to be caught farther offshore in federal waters — and GPS units, electronic fish finders and other advancements have made anglers far more efficient than they used to be, Crabtree said.

State officials and politicians say the 3-day season just proves states should regulate the species.

Read the full story from the Associated Press at U.S. News

MAGGIE RAYMOND: ‘Codfather’ should lose all his permits

May 3, 2017 — Carlos Rafael’s environmental crime spree, spanning two decades, will finally come to an end. He pleaded guilty to federal charges of falsifying fish catch reports, conspiracy and tax evasion. He will serve at least four years in jail and will forfeit millions of dollars in fishing assets. For law abiding fishermen, this day is long overdue.

While other fishermen were complying with steep reductions in fishing quotas, Carlos Rafael decided those rules didn’t apply to him. His violations set back groundfish rebuilding requirements, and forced others to compete with his illegal activity on the fishing grounds and in the market. He has harmed the entire groundfish industry, and fishermen from Maine to New York deserve to be compensated.

Read the full letter at the New Bedford Standard-Times

MASSACHUSETTS: What’s next for Carlos Rafael’s fishing permits?

May 3, 2017 — Almost a week ago, City Council members asked for their names to be attached to a late file agenda pertaining to Carlos Rafael’s groundfish permits.

Behind Ward 4 Councilor Dana Rebeiro, Council President Joseph Lopes and Ward 5 Councilor Kerry Winterson, the council requested “that the Committee on Internal Affairs meet with Attorney General Maura Healey and NOAA to discuss how current owners and mariners operating in New Bedford have the first right of refusal to acquire licenses to be auctioned as result of the plea agreement in the case of The United States vs. Carlos Rafael…”

The written motion was a bit premature.

Following Thursday’s council meeting, Rebeiro acknowledged the measure was “to get ahead of the ball” in terms of where the permits may land.

So what’s next?

Rafael’s plea agreement with the United States lists 13 vessels and the accompanying permits that could be potentially forfeited. However, none of his assets will be surrendered without an order of forfeiture, which describes exactly what will be taken.

According to the U.S Attorney’s office, the order of forfeiture will be issued “at and after sentencing,” which is scheduled for June 27.

Read the full story at the New Bedford Standard-Times

  • « Previous Page
  • 1
  • …
  • 446
  • 447
  • 448
  • 449
  • 450
  • …
  • 520
  • Next Page »

Recent Headlines

  • CALIFORNIA: California delays commercial crab season start for section of Northern coast
  • ALASKA: Alaska pollock processors drop foreign worker program, citing uncertainty
  • Another reprieve for Revolution Wind
  • Legal tests await Trump’s offshore energy agenda in 2026
  • Nantucket Group, Island Fishermen Sue Federal Government To Vacate Vineyard Wind Approvals
  • US Supreme Court rejects Alaska’s petition to overturn federal authority over subsistence fishing
  • Judge Strikes Down Trump’s Latest Effort to Stop Offshore Wind Project
  • Offshore wind developer prevails in U.S. court as Trump calls wind farms ‘losers’

Most Popular Topics

Alaska Aquaculture ASMFC Atlantic States Marine Fisheries Commission BOEM California China Climate change Coronavirus COVID-19 Donald Trump groundfish Gulf of Maine Gulf of Mexico Illegal fishing IUU fishing Lobster Maine Massachusetts Mid-Atlantic National Marine Fisheries Service National Oceanic and Atmospheric Administration NEFMC New Bedford New England New England Fishery Management Council New Jersey New York NMFS NOAA NOAA Fisheries North Atlantic right whales North Carolina North Pacific offshore energy Offshore wind Pacific right whales Salmon South Atlantic Virginia Western Pacific Whales wind energy Wind Farms

Daily Updates & Alerts

Enter your email address to receive daily updates and alerts:
  • This field is for validation purposes and should be left unchanged.
Tweets by @savingseafood

Copyright © 2026 Saving Seafood · WordPress Web Design by Jessee Productions