Sector VII Archives - Saving Seafood

New Bedford Standard-Times: groundfishermen need to get back to work

May 14, 2018 — It was a bittersweet start to the fishing season on May 1.

Bittersweet because much of New Bedford’s already battered groundfish fleet could not go to sea.

Nearly 60 permits in Sectors VII and IX did not receive quota allocations from NOAA. The federal government withheld their quota because of overages accumulated by fleet owner Carlos Rafael when he admitted last year that he had falsified the numbers of fish he had taken, substituting valuable species subject to quotas for ones that were not so.

Rafael is in prison now but the results of his misdeeds continue to be paid by the community that made him rich. About 80 fishermen have been out of work since November when NOAA first instituted its groundfish ban for the sector in which Rafael perpetuated his fraud. Shoreside businesses, including the ones that manufacture nets and ice and repair boats, have also been greatly affected by the cut to New Bedford’s groundfish effort.

Read the full story at the New Bedford Standard-Times

Rep. Bill Keating: End in sight for groundfishing ban in New Bedford

May 10, 2018 — NEW BEDFORD, Mass. — Bill Keating sees a finish line in sight to get New Bedford’s groundfishing boats back to work.

The Democratic U.S. representative spoke with NOAA’s regional administrator Mike Pentony on Wednesday and came away with the belief that the operational plans in Sectors VII and IX would be approved soon, potentially as soon as a few weeks.

“There’s great progress now on the road to beginning to fish,” Keating said. “And that’s good news.”

Keating said the rule-making process would be finalized for each sector by the end of the month. NOAA released its final rule allotting quota to sectors or fishing divisions at the end of April for the start of the 2018 fishing season. Sectors VII and IX were not provided quota.

After the rule is finalized, a comment period is required.

Read the full story at the New Bedford Standard-Times

Massachusetts: Fishing season begins, but New Bedford still on sidelines

May 3, 2018 — NEW BEDFORD, Mass. — The 2018 fishing season began Tuesday with nearly 60 permits aligned in Sectors VII and IX not receiving quota allocation from NOAA.

The oceanic governing agency announced the measure a day prior to the opening of the fishing season. It leaves the two sectors on the sidelines as groundfishing begins and continues the ban that was installed in November.

The announcement wasn’t surprising after NOAA attended a New England Fishery Management Council meeting in Mystic, Connecticut, last month to discuss the ban as well as the restructured enrollment in Sectors VII, VIII and IX.

Fifty-five permits stationed in Sector IX in 2017 relocated to Sector VII at the end of March. The move was done to potentially allow those permits to lease quota despite not being able to fish.

The meeting extinguished those hopes revealing neither sector would be allowed to lease or fish when the season began.

Read the full story at the New Bedford Standard-Times

Massachusetts: New Bedford fishermen docked for season’s start

April 23, 2018 — The New Bedford groundfishing fleet will remain at dock — and without the ability to lease quota to other fishing entities — when the 2018 fishing season dawns on May 1. What happens after that is anybody’s guess.

NOAA Fisheries staffers informed the New England Fishery Management Council earlier this week that operations plans for New Bedford-based Northeast Fishing Sectors VII and IX will not be completed in time for the opening of the 2018 fishing season.

But the discussion following the briefing, as well as the council’s widely split vote on a draft recommendation to NOAA Fisheries, reflected stark divisions within the council and the Northeast groundfish fishery at large over how NOAA should resolve the issues borne from the long-standing catch misreporting and conviction last year of New Bedford fishing mogul Carlos Rafael.

It also recommended that, following full repayment of the overages associated with Rafael’s cheating, NOAA Fisheries work with Sector VII “to ensure that the 2018 sector operation plan and associated conditions” are fully implemented.

Read the full story at the Gloucester Times

New England Council to Take up Issue of New Bedford Sectors IX and VII on Wednesday

April 17, 2018 — SEAFOOD NEWS — The New England Fisheries Management Council will take up the issue of the operations plans submitted by sector IX and sector VII, which represent the majority of groundfish vessels in New Bedford.

Many of these vessels, which were formerly members of Sector IX, have been prohibited from fishing until Sector IX came up with an acceptable mechanism to account for the illegal fishing and overages done by vessels belonging to Carlos Rafael that were in the sector.

The sector was strongly criticized by NMFS for failure to have an adequate plan to account for overharvests, to do proper record keeping, and to then take necessary steps to payback fish that was illegally harvested.

Instead of coming to an agreement, on the last day for filing sector membership, the vessels in Sector IX decamped en masse to Sector VII, which otherwise would have been shut down.

Sector VII vessels that have come from Sector IX still won’t be able to fish until a plan to pay back illegal harvests has been approved, but the vessels hope that by moving to an operating sector they may be able to lease their quotas.

Sector VII has written the council to say that for many years they have shared a sector manager with sector VIII, another sector in New Bedford. They said that with reduced catches, it was no longer viable for them to operate as a stand alone sector.

Sector manager Linda McCann wrote that they have one vessel groundfishing, and six vessels fishing for monkfish, and this is too small an amount of activity to sustain a separate sector.

She says the plan to merge with sector 8 was developed months ago, and communicated to NMFS.

She says “We didn’t realize we needed to justify to the fishing world why these internal decisions were made, or how we handle our internal business affairs. However, we feel compelled to do so in sight of recent politics, attacks and mischaracterizations of facts. Let us be clear, the decisions made to merge sector 7 membership into sector 8 has nothing to do with the sector 9 situation of the Carlos Rafael situation. “

Another letter, from the Northeast Seafood Coalition urges the council to set clear goals.

“As many Council members are painfully aware, the 28 offenses to which Mr. Rafael pled guilty and is now incarcerated for have created enormous turmoil throughout the fishery and the region. Part of the turmoil concerns the broader fishery management implications of starting a new fishing year with such a significant portion of the fishery’s sub-ACL not being made available to the fishery.

NSC recommends that the Council provide the Agency with their primary objectives and request the Agency use their administrative authority to consult with the respective sector boards to achieve the stated objectives.

NSC recommends the following objectives:

ACE overages be identified and paid back to the system. The timing and result of the resolution shall be consistent with a result that would have been possible had the 2018 NEF Sector 9 roster been the same as 2017.
Conditional upon resolution of the NEF Sector IX overages, ensure the groundfish sector system has access to the ACE associated with permits that are enrolled in NEF Sector VII.
Work with the NEF Sector VII to ensure the conditions they’ve listed in their March 26, 2018 letter are met and upheld.”

This story was originally published by Seafood News, it is republished here with permission.

Sector IX vessels make a move to lease quota

March 30, 2018 — NEW BEDFORD, Mass. — Fifty-five vessels have left Sector IX, but they still can’t fish. However, they can lease their groundfish quota.

The 55, including four Carlos Rafael vessels subject to forfeiture, were submitted to be included in Sector VII for the 2018-19 fishing season, according to NOAA and Sector VII.

The move comes after six months of negotiations with NOAA in trying to get an operational plan approved, which would have lifted the groundfishing ban.

Had a move not been made, the vessels would have remained in Sector IX without the ability to lease quota. Three Sector IX vessels will remain in the sector.

The deadline for vessels to change sectors was Monday.

“What are we supposed to do,” Sector VII President Richie Canastra said. “The enrollment was Monday where you have to choose your sector for the 2018 and 2019 fishing season. No answer (from NOAA) was there yet. So those vessels and the permits owned by Carlos went to Sector VII.”

Canastra said the vessels affected by NOAA’s ban can only return to fishing with authorization from the agency or if they are sold to an independent party.

“It’s really straight forward. None of this was done to try to pull the wool over someone’s eyes or being sneaky,” Canastra said. “I just think it’s the right thing to do. I really believe the people in the industry will understand it’s the best move for everyone.”

The shift in sectors also included the additions of Richie Canastra as President, Tor Bendiksen as Treasurer and Cassie Canstra as Clerk to Sector VII.

In a letter from NOAA’s Regional Administrator Michael Pentony to the Chair of the New England Fishery Management Council John Quinn, he confirmed that the vessels would be allowed to transfer quota. He also confirmed that all vessels owned by Rafael would be inactive, unless they are sold to in independent party.

Read the full story at the New Bedford Standard-Times

Massachusetts: A shell game in New Bedford? 55 boats scramble out of Sector IX, catching NOAA by surprise

March 30, 2018 — SEAFOOD NEWS — Something fishy is going on in New Bedford (excuse the terrible pun).

On March 26, the final day for sectors to confirm their rosters and membership for the 2018 fishing season, NOAA got letters from sector VII saying that no vessels will remain in Sector VII who were there last year, and that 16 of these vessels are joining sector VIII.

Then they were told that 55 vessels from sector IX are joining sector VII, including the 4 vessels owned by Carlos Rafael that have been judged subject to forfeiture.

Meanwhile, a separate letter from sector IX said that only three vessels would remain in that sector, that it would operate solely as a lease sector and those vessels would not fish.

What is going on here?

First, all three sectors VII,VIII, and IX are New Bedford groundfish sectors approved under the Northeast Groundfish management plan.

Each year, these sectors have to submit operation plans to NOAA, including the roster of vessels and the rules under which the vessels in the sector will fish.

After the guilty plea by Carlos Rafael, and the admission last fall by sector IX that its vessels, primarily associated with Rafael, had engaged in overfishing, NOAA suspended the operating permit for that sector. That meant no vessels in that sector could continue to fish.

Since the fall negotiations have been going on between NOAA and Sector IX over how Sector IX might return to operations. The primary obstacle is that NOAA has required the Sector to account for its overfishing, and to calculate how much fish must be deducted from its current allotments in order to pay back fish illegally harvested.

Secondly, NOAA has insisted on Sector IX developing a monitoring and catch reporting plan that would prevent illegal fishing.

By March, neither side had reached an agreement, and the issue of Sector IX was going to be a prominent part of the New England Fishery Management Council Meeting next week.

NOAA was blindsided by the switcheroo.

Much of what is going on in New Bedford is with the same actors. Three Board Members from Sector IX would join the Board of Sector VII. Meanwhile, the manager of Sector IX, Stephanie Rafael-DeMello, has said she would be moving to fleet operations management for Rafael’s vessels, instead of continuing full time as the manager of Sector IX.

One interpretation of this switch is that Sector IX is being effectively disbanded.

However, not all the promises made by Sector IX to NOAA are being carried over as the vessels move to sector VII.

One point mentioned in NOAA’s letter to the council is that Sector VII has requested that vessels owned by Carlos Rafael remain inactive in the fishery, although with rights to lease their quotas to other sectors or intra-sector, unless they are sold to another party.

But the 55 vessels transferring to Sector VII, including all those currently listed as inactive, could become operational within Sector VII with no changes to existing ownership.

Under NOAA rules, if a sector disbands after having overfished, the overfishing penalty is allocated among the vessels that had previously been in the sector, and deducted from their new sector allocation.

As Sector IX was unable to provide information about the overages of specific vessels, the time and cost of allocating the overages to the remaining vessels transferring out of the sector may be substantial.

The three inactive vessels remaining in Sector IX appear to be willing to shoulder the penalty, once it is agreed upon, and to pay it by having the overages deducted from the amount of their quotas that are leased. The move appears to be an attempt to get the other Sector IX vessels out from under the obligation to payback the sector overages.

All of this will be discussed at the council meeting, which promises to be interesting.

The driving factor here is that the New Bedford Auction, owned by the Canastra Brothers, needs to get some volume of groundfish back. This has been greatly reduced by the suspension of sector IX. Rafael vessels represented the largest source of groundfish for the private New Bedford auction.

The Canastras first tried to buy Rafael’s boats. This did not go anywhere, as NOAA needs to give its approval. Then they tried to set up a way to satisfy NOAA on Sector IX overages without providing a detailed accounting. This was not accepted either.

Now they have participated in a wholesale abandonment of Sector IX and moved vessels to Sector VII, with the aim of first, hoping the vessels will be allowed to fish, or that in this situation inactive vessels can become active though still owned by their original Rafael connected owners.

Secondly, they may be hoping to clear the way for a sale of these vessels who are now potentially operating in a less tainted sector.

There has been a continuing political effort in New Bedford to try and keep the groundfish volumes that had been part of Rafael’s fishing operations within the port.

All of this maneuvering avoids the basic question before NOAA and the Council, which is whether the permits for the vessels that are now suspended will simply be allocated to New Bedford, or will they be subject to distribution to the rest of the New England groundfish fishery that was harmed by the rampant overfishing taking place in New Bedford.

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