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Carlos Rafael’s Trial Puts One-Fifth of New Bedford’s Fishing Fleet, $80 Million in Permits at Stake

June 27, 2016 — NEW BEDFORD, Mass. — Indicted fishing magnate Carlos Rafael controls nearly one-fifth of the harbor’s commercial fleet and had permits worth about $80 million last year, according to public records and local interviews.

He also has a fondness for Greek mythology.

Commercial fishing boats named Zeus, Hera, Hera II, Apollo, Athena, Poseidon, Hercules and Titan all are part of Rafael’s fleet. Many of his boats are painted with distinctive green-and-white coloring that makes them easily recognizable on local docks, such as Leonard’s Wharf, where the Sasha Lee – named after one of his daughters – and other of his vessels often float, behind the Waterfront Grille.

Boat names also honor Rafael’s native Portugal, and Cape Verde to the south. Those vessels include the Ilha Brava, after Brava Island in Cape Verde; Açores, for the Azores archipelago; Perola do Corvo, or “Pearl of Corvo,” after the smallest island in the Azores; Ilha do Corvo, for that island itself; and others.

The size and scope of Rafael’s fishing business indicate a significant chunk of New Bedford’s waterfront economy could be at stake should Rafael stand trial in January 2017. He faces federal charges tied to an alleged, multi-year scheme involving illegally caught fish, bags of cash from a wholesale buyer in New York City and a smuggling operation to Portugal, via Logan International Airport in Boston.

An initial survey of Rafael’s fishing permits, vessels and the corporations behind them, along with local data and interviews, provides a glimpse into an operation that has become a flashpoint for broader debates about industry regulation and oversight.

According to 2016 vessel permit data from NOAA Fisheries, for its Greater Atlantic Region, Rafael and his wife, Conceicao Rafael, control at least 36 local vessels with commercial fishing permits this year. Those vessels include a handful of skiffs or smaller boats, but all have permits for at least 10 species of fish, ranging from American lobster to Atlantic deep sea red crab, surf clam, monkfish and more.

Twelve of the Rafaels’ local vessels have high-value, limited-access scallop permits, according to the data from the National Oceanic and Atmospheric Administration (NOAA). The values of those permits amount to tens of millions of dollars, making their future a vital question for the waterfront.

Rafael, a 64-year-old Dartmouth resident, faces 27 counts on federal charges including conspiracy, false entries and bulk cash smuggling, according to his indictment, filed last month.

Nothing about his trial next year is certain, including outcomes or penalties. Whether the waterfront could face the loss or seizure of any of Rafael’s boats, permits or properties is an open question, and will remain so until the case is resolved. Even whether the case actually goes to trial is uncertain, to a degree.

Read the full story at the New Bedford Standard-Times

Judge bars boat from dredging for clams

November 19, 2015 — PROVINCETOWN — A judge has temporarily barred a Gloucester fishing vessel from dredging for clams off Herring Cove while a dispute about who governs such dredging in that area makes its way through court.

Barnstable Superior Court Judge Raymond Veary issued a temporary restraining order Nov. 3, after the Provincetown harbormaster’s staff followed the 70-foot Tom Slaughter as it dredged for surf clams the previous two days, Harbormaster Rex McKinsey said.

The Slaughter is one of three clam draggers whose owners are in court in separate actions fighting cease-and-desist orders issued by the Provincetown Conservation Commission to keep them from dredging up to 40 feet offshore without a permit.

Veary’s temporary order was to last until Friday, but according to Monte Rome, owner of the Tom Slaughter, it has been extended to Jan. 5 at his request.

Provincetown officials want to stop hydraulic dredging, a process that involves shooting water at 50 to 100 pounds of pressure into the sand to release the clams, because it disturbs the ocean floor and damages the habitat for fish, clams and other marine life, McKinsey said.

In 2007, the Conservation Commission passed a regulation banning hydraulic dredging in that area without a permit.

Read the full story at the Cape Cod Times

Massachusetts boat captains face charges for alleged clam harvesting violations

July 28, 2015 — PROVINCETOWN, Mass. — Reports to the state environmental police about illegal dredging for surf clams off Herring Cove Beach has resulted in criminal charges pending against two boat captains.

Matthews Collins, 29, of New Bedford will be arraigned Wednesday in Orleans District Court on a charge of violating state law for allegedly harvesting surf clams on the F/V Aimee Marie on March 24 shoreward of what is called the 12-foot depth contour line, according to the report of Massachusetts Environmental Police Lt. Robert Akin. The police seized 36 bushels of surf clams, with an estimated value of $666.

Under state law, dredging for surf clams is prohibited from Nov. 1 to April 30 within an area shoreward of the 12-foot depth contour, as measured at mean low water, south of Point Allerton in Hull to the Rhode Island border including Cape Cod and the Islands.

Collins is also charged with failing to properly display the boat’s identification number. The 1974 commercial fishing vessel is owned by Patricio Palacios, according to Akin’s report. The vessel typically works out of Provincetown, Provincetown Harbormaster Rex McKinsey said.

Read the full story at the Cape Cod Times

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