Saving Seafood

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

 

John Bullard: Incomplete investigation by Rafael sector is ‘show stopper’

January 9, 2018 — John Bullard, the outgoing northeast region administrator for the National Oceanic and Atmospheric Administration, has provided a clue as to what he believes is needed to re-open groundfish harvesting in Sector IX, Carlos Rafael’s former fishing group.

“As far as we know, the sector’s enforcement committee has not yet completed an investigation of the sector’s operations issues or determined the full extent of the sector’s non-compliance,” he says in a column published in South Coast Today, a newspaper serving New Bedford, Massachusetts, the port city Sector IX calls home.

“That’s a show stopper.”

Bullard has heard plenty of criticism from the newly constituted board of Sector IX, the mayor of New Bedford, Massachusetts, out-of-work crew members and many others since he announced his decision in November to shut down all groundfish harvesting for the group nearly five months before the season was due to end on April 30.

Read the full story at Undercurrent News

 

John Bullard: Sector IX board’s failure to act stopped its fishing

January 8, 2018 — For New Englanders, Atlantic cod is not just another fish. The Sacred Cod that hangs in the Massachusetts State House is testament to the cod’s place in our culture and history.

For centuries, we fished for cod, and, as we watched the stock decline, we tried various ways to protect the resource that is considered as much a birthright as a commodity.

In 2009, the New England Fishery Management Council under the Magnuson-Stevens Act, agreed to try a system called “catch-shares,” which worked well on the West Coast.

The idea was simple: figure out how much fish from a particular stock can be sustainably caught— the “total allowable catch”—and divide that among fishermen.

By allocating quota, fishermen would have more control over when and how they fish, and — fishermen could fish when the weather and markets were most favorable. Catch shares eliminated the “race to fish” once a season opens.

A catch-share system allocating shares to groups of self-selected fishermen called ‘sectors’ went into place in the New England groundfish fishery in 2010. Within these sectors, fishermen organized themselves, determined how to fish their quota, and established other rules by which they would operate.

All sectors then submitted an operations plan to NOAA Fisheries and, under that plan, were responsible for policing themselves. The primary responsibility of a sector is to keep within its quota and account for its catch.

While most sectors have done a great job meeting this responsibility, Sector IX failed miserably over many years.

The former sector president, Carlos Rafael, is now behind bars for years of falsifying catch information, such as calling catch of low-quota, high-value cod, high-quota, lower-value haddock. He also admitted to tax evasion and bulk money laundering, all from his fishing operation.

Read the full opinion piece at the New Bedford Standard Times

 

BULLARD: Blame Rafael, not NOAA, for Sector IX Shutdown

December 28, 2017 — When the National Oceanic and Atmospheric Administration closed down Sector IX to groundfishing back on November 20, many felt the organization was punishing New Bedford fishermen for the actions of “The Codfather” Carlos Rafael. It was Rafael’s vessels that went over catch limits as part of his overfishing scheme that sent him to federal prison.

NOAA regional administrator John Bullard told WBSM News that shutting down the sector isn’t about any kind of sanctions or punitive actions for Rafael’s scheme, but rather for cleaning up the mess he left behind.

“The basic responsibility of a sector is to report the catch, and to keep vessels within the limits for that sector for all the species of groundfish,” Bullard said. “To this date, we don’t know how many fish the vessels in Sector IX have caught. We don’t know how much they have exceeded the limits on some of their catch, and we think some of those overages are significant.”

Bullard said that since 2012, when NOAA went to the quota-based system, it has been each sector’s responsibility to keep track of its own catch.

“They can lease back and forth within a sector, they can lease fish from one sector to another,” he said. “That’s all designed to maximize efficiency and keep government kind of out of it, and allow the efficiency of the private sector to work. Mr. Rafael misused that system, and until we understand how much they went over and what species, we’re not about to let the boats go fishing again.”

Bullard said NOAA initially reviewed the sector’s operation plan back in May along with those of all the other sectors, as the fishing year begins on May 1.

“I decided at that time, that even though there were problems with Sector IX last May, we would allow them to continue operating because the trial had not taken place. We felt we should let them operate until the trial concluded,” he said. “We faced a lot of criticism for that decision.”

But once the trial was completed and Rafael was sentenced to about four years in prison, the decision was made to halt operations in Sector IX until the extent of the overfishing could be determined. As part of the shut down, the Sector IX vessels cannot join other sectors, or the common pool.

Read the full story at WBSM

Jon Mitchell: Ban costing Port of New Bedford $500K a day

December 22, 2017 — NEW BEDFORD, Mass. — In a letter addressed to NOAA, Mayor Jon Mitchell said the Port of New Bedford could be losing nearly $500,000 a day because of the groundfishing ban.

Mitchell referenced analysis prepared by Professor Dan Georgiana of SMAST, which stated the 25-day-old ban caused as much as $12 million (to date) in damage to the port.

Mitchell filed his letter Wednesday, the final day in which comments regarding the ban could be submitted. Andrew Saunders, the attorney for Sector IX, the Carlos Rafael fishing division that’s prevented from groundfishing, also submitted a letter Wednesday.

“It’s no exaggeration to say that hundreds of lives in New Bedford have been disrupted by the NOAA decision,” Mitchell wrote.

NOAA said it is still processing the submitted comments and wouldn’t comment on any submissions.

Mitchell doubled down on his plea throughout the Rafael saga: That innocent third parties shouldn’t be harmed for Rafael’s actions. NOAA Regional Administrator John Bullard revoked Sector IX’s operational plan on Nov. 20, which banned Rafael’s fleet from groundfishing. Bullard, a former New Bedford mayor, backed his decision stating deficiencies lingered within the sector.

Mitchell, a former U.S. prosecutor, presented a legal argument that should have prevented the ban. He cited National Standard 8, which states any prevention of overfishing should take into account the extent of adverse economic effects.

“I believe National Standard No. 8 would require due consideration of the socioeconomic impact that the notice of withdrawal of approval has on the member of Sector IX as well as the effected stakeholders in the Port of New Bedford,” Mitchell wrote.

Read the full story at the New Bedford Standard Times

 

‘It’s devastating’: Fishermen try to cope as NOAA shuts down groundfishing

December 13, 2017 — NEWPORT, R.I. — Cesar Verde only knows fishing.

The New Bedford resident learned the craft in his native Portugal. For the past 17 years, he’s worked in the fishing industry in his new home, and he’s been a captain for the past decade.

However, for the last two weeks, he’s been out of the water because NOAA prohibited Carlos Rafael’s vessels from groundfishing.

Verde captains fishing vessel Ilha do Corvo.

“So far, (I’m) pitching in on the little savings I have. Soon I’ll run out,” Verde said. “It will very soon become survival mode all the way up to putting food on the table.

“My hands and feet are totally tied up. This is what I do. This is the only thing I know how to do.”

The decision came as NOAA believed the executives who manage fishing Sector IX, which Rafael’s vessels populate, haven’t corrected some lingering issues associated with the fishing mogul’s illegal behavior including preventative measures and updated catch reports.

Read the full story at the New Bedford Standard-Times

 

New Bedford mayor pushes Chris Oliver for help with Sector IX

December 12, 2017 — The mayor of New Bedford, Massachusetts, traveled to Washington D.C. last week to ask Chris Oliver, the assistant administrator for Fisheries at the National Oceanic and Atmospheric Administration (NOAA), to help get the fishermen of Northeast Fishery Sector IX back on the water.

Sector IX, comprised of 22 vessels manned by 80 fishermen, was barred from fishing for groundfish when the National Marine Fisheries Service withdrew approval of its operations plan on 20 November. The sector is mostly composed of vessels belonging to Carlos “The Codfather” Rafael, the former fishing magnate who pleaded guilty to falsifying fish quotas, tax evasion, and bulk cash smuggling.

New Bedford Mayor Jon Mitchell told South Coast Today that, in his meeting with Oliver on 5 December, he argued that NOAA’s action on Sector IX was harming fishermen and city businesses. The meeting was a follow-up to a letter sent to NOAA by Sector IX President Virginia Martins arguing for a reconsideration of NOAA”s action against the sector.

Read the full story at Seafood Source

 

Massachusetts: Mitchell pleads fishermen’s case to NOAA head

December 8, 2017 — NEW BEDFORD, Mass. — In a meeting with one of NOAA’s top administrators in Washington D.C, Mayor Jon Mitchell made his case for easing recent sanctions that he said are harming fishermen and city businesses.

“It’s all sort of related,” Mitchell said. “The idea is that these matters should be wrapped up. I pledged to continue to bring the parties together in however I can, as I have been doing for some time now.”

New Bedford’s mayor met with Assistant Administrator of NOAA Chris Oliver on Tuesday as part of a two-day trip to the nation’s capital.

The fishermen out of work due to NOAA’s groundfish ban for Rafael’s vessels sat atop his agenda. When NOAA made its announcement on Nov. 20, Mitchell strongly condemned the decision saying it will affect innocent third parties.

It was a similar argument Mitchell conveyed in a letter to Oliver’s predecessor in June suggesting the best tool to use against Rafael was a global settlement.

Mitchell advocated for a global settlement because he’s said it would remove Rafael from the industry and prevent him from profiting from a prison cell. It would also keep the vessels in New Bedford.

Read the full story at the New Bedford Standard Times

 

New England council hears from Canastra, ship captains, emotional crew

December 7, 2017 — Twenty vessels have been pulled from the water at the Port of New Bedford, Massachusetts, effecting the livelihoods of about 80 fishermen, as a result of the recent decision by John Bullard, the National Oceanic and Atmospheric Administration’s region chief, to stop the groundfishing season five months early for New England’s Sector IX.

Canastra, one of two brothers who own the New Bedford seafood auction and also have a deal to buy Carlos Rafael’s large fishing fleet there, was among many to travel to the NEFMC meeting in Newport, Rhode Island, and use a public comment period to detail the impact of Bullard’s Nov. 20 move, which the council earlier supported.

Raymond Canastra, Richard’s brother, is a member of Sector IX’s revised board of directors, which has formally asked Bullard to reconsider his action.

Read the full story at Undercurrent News

 

Massachusetts: Mitchell ‘Will do Everything we Can’ for Fishermen’s Families

December 7, 2017 — With the search called off for the two missing fishermen from the sunken Misty Blue, New Bedford Mayor Jon Mitchell says the city and its residents will do all it can to offer solace to the families.

“We will do everything we can to support the families through this,” Mitchell said. “It’s going to be hard, but there are other families who have experienced it who can certainly offer a shoulder to them.”

Mitchell made the comments during his weekly appearance on WBSM, although he was calling in from Washington, DC. The mayor was in the nation’s capital to speak with officials about issues that directly affect the fishing industry in New Bedford.

The U.S. Coast Guard called off the search for 44-year-old Michael Roberts of Fairhaven and 32-year-old Jonathan Saraiva of New Bedford Tuesday evening, after rescue efforts had failed to locate them following the Misty Blue’s sinking Monday evening.

“It’s unfortunate we need these kind of reminders of just how dangerous commercial fishing is,” Mitchell said. “It’s the most dangerous profession out there, and there are way too many families in greater New Bedford who have experienced what these families are experiencing today, and it’s an awful thing.”

The Fishermen’s Tribute Monument at Pier 3 has acted as a de facto gathering place in the past for families affected by fishing tragedies, something Mayor Mitchell knows personally.

Read the full story at WBSM