Saving Seafood

Fishermen voice concerns over fallout from Rafael’s crimes

December 7, 2017 — NEWPORT, R.I. — More than century’s worth of fishing industry experience traveled from New Bedford to the Viking Hotel on Wednesday to describe the impact of NOAA’s groundfish ban on Carlos Rafael’s vessels.

Richie Canastra, an owner of the New Bedford fish auction BASE, sat in front of the New England Fishery Management Council during a public comment portion of its meeting and warned of “many layoffs” that will occur because of the ban.

Adrian Guillette, a crew member on one of Rafael’s vessels, told the council he’s uncertain how he’ll provide a Christmas with the ban in place.

Captain Brian Jannelle referred to the ban as an abuse of power. Another captain, Cesar Verde, asked the council to strongly reconsider the ban.

NOAA implemented the ban on groundfishing within Sector IX, one of 19 fishing divisions in the Northeast which is made up of Rafael’s vessels, on Nov. 20. The decision came from Regional Administrator John Bullard, who believed the division still hadn’t addressed issues resulting from Rafael’s illegal behavior.

Canastra estimated about 80 fishermen have been affected by the ban. Twenty-two vessels have been pulled off the water. Jannelle, Verde and Guillette have yet to return to the seas.

“I feel let down,” Jannelle said. “I feel let down because they’re supposed to manage our fishery and protect the fishermen. They’re not protecting the fishermen. They’re hurting the fishermen.”

The council voted in September that the Greater Atlantic Regional Fisheries Office should “immediately enforce sector regulations” and supported NOAA’s actions to enforce regulations.

Read the full story at the New Bedford Standard Times

 

Bullard, fish sector to talk punishment

December 6, 2017 — The New Bedford fishing sector, banned by NOAA from groundfishing for the remainder of this season and possibly beyond because of noncompliance with its own management plan, has issued its rebuttal. And an invitation.

Northeast Fishery Sector IX, accused by NOAA of negligence for allowing Carlos Rafael’s massive illegal misreporting of the scope and nature of his groundfish landings, sent a letter to NOAA Regional Administrator John K. Bullard refuting much of NOAA’s reasoning for the groundfish ban and inviting Bullard to New Bedford to see the changes for himself.

“Sector IX strongly believes that your initial determination was based upon incomplete information and respectfully asks that you reconsider your positions,” Virginia Martins, Sector IX president, wrote Bullard. “This board is willing to reshape the sector for the good of the community and the industry.”

Martins stressed the sector has made “substantial changes in the past six months” by appointing new board members and establishing an enforcement committee.

Read the full story at the Gloucester Times

Massachusetts: New leaders of Rafael’s shuttered fishing sector seek meeting with NOAA exec

December 4, 2017 — The new leaders of Carlos Rafael’s former fishing sector say they never got a chance to introduce themselves personally to John Bullard, the administrator of the National Oceanic and Atmospheric Administration’s (NOAA’s) Greater Atlantic Region, before he made the decision in November to end their groundfishing season five months early.

They’re hoping he’ll see them now, asking for a face-to-face meeting as soon as possible in a letter sent Monday.

“Sector IX is disappointed in [the decision by Bullard, on Nov. 20, to withdraw its management plan] since it forces a complete shutdown of the sector for an undetermined period of time leading to severe collateral consequences – disrupting the lives of crew members and numerous shore based support businesses,” writes Andrew Saunders, the attorney recently hired by the board. “Sector IX strongly believes that your initial determination was based upon incomplete information and respectfully asks that you reconsider your position.”

Read the full story at Undercurrent News

 

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

 

New England Council Supports Regional Administrator’s Action to Enforce Groundfish Sector IX Operations Plan

November 21, 2017 — The following was released by the New England Fisheries Management Council:

The New England Fishery Management Council supports today’s announcement by the National Marine Fisheries Service’s (NMFS) Greater Atlantic Regional Fisheries Office (GARFO) that it will be enforcing groundfish sector rules and the Northeast Fishery Sector IX operations plan.

Under Amendment 16 to the Council’s groundfish plan, GARFO’s regional administrator has authority to withdraw approval of a sector at any time he or she, after consulting with the New England Council, determines that: (1) sector participants are not complying with the requirements of an approved operations plan; or (2) “continuation of the operations plan will undermine achievement of fishing mortality objectives” of the Northeast Multispecies Fishery Management Plan.

Regional Administrator Bullard consulted with the Council on two occasions – first during the Council’s June meeting in Portland, ME and then again during the September meeting in Gloucester, MA. On September 27, the Council voted to request that “GARFO immediately enforce sector regulations and the Sector IX operations plan.”

“We asked them to enforce the rule, and that’s what they’re doing,” said Council Executive Director Tom Nies. “Since 2004, the Council has emphasized repeatedly that sectors are responsible for monitoring their catch and enforcing sector provisions. Sector IX failed to comply with its own enforcement provisions when its president admitted to reporting violations.”

NMFS published an interim final rule on April 28, 2017 stating it had “provisionally approved” the Sector IX operations plan for 2017 and 2018, along with the annual catch entitlement (ACE) allocated to the sector for 2017.

Carlos Rafael, who was president of the sector at that time, pleaded guilty on March 30 to falsely reporting catch information for 13 vessels operating under the sector. However, since the Rafael case was under litigation when NMFS published the interim final rule approving all of the region’s 19 sectors and their operations plans, the agency stated its intention to take “additional action” if warranted for Sector IX following settlement of Rafael’s criminal case.

Rafael was sentenced September 25 in U.S. District Court in Boston to 46 months in prison, three years of supervised release, and fines. On October 11, he was further ordered to forfeit his interests in four vessels and their associated permits.

GARFO’s announcement today withdrawing approval of the Sector IX operations plans means that vessels enrolled in Sector IX are prohibited from: (1) fishing on a sector trip and harvesting sector ACE; (2) fishing on a common pool trip; or (3) joining another sector.

However, the action does not reallocate the ACE to other sectors or to the common pool. NMFS is continuing to analyze the extent of the sector’s ACE overages based on the misreporting of catch information for several stocks. The agency stated, “Any accountability measures, such as assessing and deducting ACE overages incurred by the sector, (will) be determined in a future action.”

“For the future success of the sector system, fishermen and the public must be confident that sectors will adhere to management provisions.”

– New England Fishery Management Council in a September 29, 2017 letter to GARFO Regional Administrator John Bullard seeking immediate enforcement of sector regulations and the Sector IX operations plan

Learn more about the NEFMC by visiting their site here.

 

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