Saving Seafood

Professor: Carlos Rafael’s actions did little to affect the ‘big picture’

September 20, 2017 — NEW BEDFORD, Mass. — A study by an SMAST professor shows that claims alleging Carlos Rafael’s actions created hysteria in the New England Fishery are exaggerated. The study by Dr. Brian Rothschild was filed in federal court on Monday, a week before Rafael is scheduled to be sentenced for falsifying fish quotas.

Rothschild said he doesn’t condone anything Rafael did, but in his study argues the data associated with the fishing tycoon’s criminal actions reveal a minimal effect on stock assessments.

In 54 pages entitled “The effect of under-reported catch (URC) on the New England Fishery and stock dynamics,” Rothschild used data agreed upon by the Department of Justice and Rafael’s attorneys, who funded the study.

“The thing that stood out the most was in terms of the big picture the amount of fish that both parties agreed to was relatively small,” Rothschild told the Standard-Times. “I put no value judgement on that. That’s for others to do.”

In the study, Rothschild stated, “The URCs were so small relative to common-sense benchmarks, that they could hardly be noticed in either the abundance of fish in the ocean or in stock assessments.”

Among the dozens who’ve spoken out since Rafael pleaded guilty in March, including Gov. Charlie Baker, Mayor Jon Mitchell, the Maine Congressional delegation and other organizations, Rothschild is the first to present data minimizing the effects of Rafael.

“I think that it’s a very contentious issue. When you look at the data, it comes out different than what most people perceive,” Rothschild said. “At the end of the day, it’s the science that really counts.”

Read the full story at the New Bedford Standard-Times

NCFC Members View Interior Department Review of National Monuments As Step In the Right Direction

Responsibly and sustainably caught Atlantic red crab, harvested from the Northeast Canyons and Seamounts Monument region, and landed in New Bedford, Massachusetts, being served at Luke’s Lobster in Washington, D.C.

August 24, 2017 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities (NCFC):

This afternoon, Secretary of the Interior Ryan Zinke delivered his recommendations to President Trump on changes to existing national monuments. While the details of the Secretary’s recommendations have not been made public, the AP reported today that they pertain to a “handful” of monuments, and include boundary adjustments and restoration of public access for uses such as fishing.

In March, Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port, submitted testimony to Congress on behalf of the NCFC expressing concern over marine monuments. The mayor released the following statement in light of Secretary Zinke’s findings and recommendations today on national monuments:

“The fisheries management process under the existing Magnuson Act is far from perfect but its great strength is that it has afforded ample structured opportunities for all stakeholders to study and comment on policy decisions and for peer review of the scientific basis for those decisions. The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think the decision to step back and reassess how best to proceed on marine monument designations ought to be welcomed no matter where one stands in the current fisheries debates. We are now presented with an opportunity to integrate the monument designation process with the proven processes established under Magnuson, and that will lead to better policy and better outcomes for all stakeholders.”

Robert Vanasse, Executive Director of Saving Seafood and the NCFC, released the following statement:

“We appreciate Interior Secretary Ryan Zinke’s comments to the Associated Press regarding his report to the President on the review of national monuments created by prior administrations. We are encouraged by his statement that in certain national monuments, public access for uses including fishing would be maintained or restored. We agree with the Secretary that regions inside monuments can be protected ‘by keeping public access to traditional uses.’ The Secretary’s review has been professional, open, and transparent. The Secretary and his staff have been respectful and courteous. They have listened and paid attention to the concerns of our members whose interests were damaged by actions of previous administrations. The vitriol aimed at the Secretary and his staff, and the inaccurate mass e-mail campaigns from numerous groups who oppose a thoughtful review of these monuments has been unfortunate. We look forward to seeing the Secretary’s recommendations in full after they are reviewed by the White House, and we are hopeful for a return to the management of fisheries under the Magnuson-Stevens Act in the regions contained in these marine monuments.”

The following members of our National Coalition for Fishing Communities will comment upon the release of the Secretary’s full recommendations:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association

New Bedford Standard-Times: Court, NOAA should put Rafael assets to greatest good use

August 21, 2017 — Carlos Rafael’s challenge of the forfeiture of 13 permitted groundfish vessels stirs the concerns of hundreds — maybe thousands — of fishermen and fishing support workers, municipal officials from Rhode Island to Maine, and state and federal officials left with all the more uncertainty of the impact of his punishment once it’s finally handed down.

His guilty plea in March, to three decades of cheating in the groundfish fishery, hasn’t stopped his boats from fishing out of New Bedford, where they bring in 75 percent of the groundfish landed each year, representing 10 percent of all the landings in the nation’s richest port.

New Bedford’s mayor has argued convincingly that removing all 13 vessels from the Port of New Bedford would have an immediate, significant impact on the livelihoods of scores of workers and their families, and the court’s granting of postponements while a full exit from fishing (including nearly two dozen scallopers) is negotiated by Mr. Rafael and the government suggests official harmony on that point.

Read the full editorial at the New Bedford Standard-Times

Despite guilty plea, Carlos Rafael continues to fish

August 14, 2017 — Gloucester fisherman and vessel owner Vito Giacalone is the chairman of governmental affairs, and sits on the board of directors of the Northeast Seafood Coalition, the umbrella organization that oversees a dozen sectors, including Rafael’s. Up until 2016, Rafael was also a coalition board member.

Giacalone believed that Rafael was simply too big to be allowed to fail, that his sector worked with NOAA to enact changes — including bringing in new board members and a new enforcement committee — that allowed them to stay in business.

Rafael’s vessels control considerable groundfish quota, up to 75 percent of what New Bedford holds, according to New Bedford Mayor Jon Mitchell, and Rafael has said he has 280 employees.

“You don’t have to be too imaginative to see that that is an enormous collateral impact as soon as that operation is stopped in its tracks,” Giacalone said, estimating that as many as 80 fishermen would be immediately out of work.

“I wish Carlos Rafael had thought about that before he did what did,” said Hank Soule, manager of the Sustainable Harvest Sector in South Berwick, Maine.  “The bottom line is New Bedford is the richest port in the U.S. The loss of his groundfish boats won’t devastate the port.”

NOAA is reportedly working with Rafael’s legal team on an agreement that would have him selling off his vessels and permits and leaving fishing forever, including scallop and lobster vessels not involved in the fish smuggling scheme.

At least 13 vessels are scheduled to be forfeited to the government as part of the plea deal and Giacalone thinks NOAA may be trying to maintain the value of the assets by keeping them fishing.

“I think it would be clumsy of the sector to cause collateral damage that could be excessive to innocent third parties,” Giacalone said.

Read the full story at the Cape Cod Times

MASSACHUSETTS: New Bedford launches seafood branding campaign

July 28, 2017 — NEW BEDFORD, Mass. — For generations New Bedford fishermen withstood the elements to do their jobs. Through rain storms they fished. In choppy waters they fished. Against harsh winds they fished.

So it was fitting that the unveiling of the city’s newly-created seafood brand was delivered in the rain at the Custom House Square in downtown New Bedford Thursday evening.

“We are the biggest, the baddest, the most comprehensive fishing port in America,” Mayor Jon Mitchell said. “We are going to scream from the mountain tops that we are the biggest fishing port in America. We are a real seaport and real fishing port. We want everyone to know that.”

In unabashed self-promotion, the city’s seafood brand initiative aims to make New Bedford synonymous with fresh, sustainable seafood much like Maine is with lobster and Alaska is with salmon. The logo, designed by Moore & Isherwood Communications, features a western rig fishing vessel, a major cog that’s helped make the Port of New Bedford the most lucrative fishing port in the country.

When buyers, whether they’re locally, nationally or internationally-based, purchase seafood from the Port of New Bedford, the products will have the logo on the packaging to serve as a visual reminder of what they are eating.

But more than just self-promotion, the branding will also tell consumers that the product they purchased has also been through rigorous testing in any of the city’s processing centers to ensure quality.

“Outside of our region, not enough people know how important New Bedford and our fishing industry are to providing sustainable, fresh, delicious fish to buyers and consumers everywhere,” Ed Anthes-Washburn, port director, said.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: Port of New Bedford Launches New Bedford Seafood Brand

July 28, 2017 — The following was released by the Port of New Bedford Harbor Development Commission:

The Port of New Bedford Harbor Development Commission (HDC) will officially unveil their newly created New Bedford Seafood brand at the Seafood Throwdown on July 27 at Custom House Square, beginning at 6pm.

“As America’s top grossing commercial fishing port and largest seafood processing center, New Bedford can rightfully claim the title of America’s Seafood Capital.  But we need to do a better job proclaiming our status to the rest of the world, and that’s where this campaign comes in,” said Mayor Jon Mitchell, who also serves as Chairman of the HDC.

The HDC hired Moore & Isherwood Communications to develop the logo, which features the ever-familiar western rig fishing vessel, the backbone of the Port of New Bedford’s successful commercial fishing industry.

“Outside of our region few people know how important New Bedford and our fishing industry is to providing sustainable, fresh, delicious fish to buyers and consumers everywhere,” says Ed Anthes-Washburn, Port Director.  “The fishing industry and our waterfront is the cultural, economic and political center of our region.  We think it’s important to showcase New Bedford’s seafood at the same level as other brands like Alaskan salmon or Maine lobster.”

In addition to the logo, the HDC worked with students from UMass Dartmouth’s Charlton College of Business and Moore & Isherwood Communications to develop a website where national and international buyers can browse all of New Bedford’s processors and fish houses, and the seafood they sell.

In the future, the HDC has plans to work with local restaurants and fish markets to further identify locally-landed fish and seafood for local residents in an effort to highlight some of the underutilized species, or less popular fish, that are landed in local waters.

Said Anthes-Washburn, “Wild-caught seafood landed in New Bedford is among the last wild protein available to consumers.  It’s healthy, sustainably managed, and by purchasing it you’re supporting local fishermen that reinvest in our communities.” Anthes-Washburn also suggests branching out to species you may not recognize and don’t be afraid to ask your server or seafood purveyor questions. “One of the easiest ways to support our local fishermen is to engage with people in the industry, try new species and ask about different menu items or suggestions!”

The HDC will be unveiling the logo at the Seafood Throwdown, an event they’re hosting in collaboration with the Northwest Atlantic Marine Alliance (NAMA), the New Bedford Fishing Heritage Center, and the New Bedford Farmers Market.

The entire project was generously funded by the Massachusetts Division of Marine Fisheries (DMF) through their Seafood Marketing Program.

The Port of New Bedford is managed by the New Bedford Harbor Development Commission which aims to implement best management practices over port resources and develop economic growth strategies. To this end, it is the goal of the Harbor Development Commission to keep New Bedford on top as the #1 U.S. fishing port, expand existing businesses and capitalize on new opportunities that will maximize The Port’s potential as an economic engine to create jobs and strengthen the New Bedford economy.

Sentencing Approaches for New England’s Carlos Rafael

July 23, 2017 — One of the biggest fishing magnates in the country could be sentenced to prison this coming week, and the forfeiture of his boats could be a big hit for the Massachusetts port where he amassed a small empire.

Between his scalloping and groundfishing boats, Carlos Rafael – nicknamed “the Codfather” — came to be the largest single owner of fishing vessels in New England, and possibly in the country.

But in 2015, undercover IRS agents posed as Russian criminals and convinced him they wanted to buy his entire fleet. Rafael unpacked an elaborate criminal enterprise to the agents — one he said he’d been carrying out for three decades.

Court records show that Rafael valued his business at $175 million. He told the undercover agents the value came from the way he cheated the government quota system. Rafael’s men would haul in a more valuable fish — like cod — and report it as a cheaper species with a much greater quota. Now Rafael is facing prison time for counts including tax evasion and bulk cash smuggling — all of which he admitted to.

But people in New Bedford want to know: What will become of the 13 fishing boats — and all the permits attached to them — that were tied to Rafael’s crimes? Will they be auctioned off on the open market, held by an entity such as the city of New Bedford or perhaps removed from circulation?

Read the full story at NPR

National Coalition for Fishing Communities Members Testify on Magnuson-Stevens Act

WASHINGTON (Saving Seafood) – June 19, 2017 – Two members of Saving Seafood’s National Coalition for Fishing Communities testified at the hearing, “Exploring the Successes and Challenges of the Magnuson-Stevens Act,” held by the Water, Power and Oceans Subcommittee of the House Natural Resources Committee.

Mr. Jeff Kaelin, head of Government Relations at Lund’s Fisheries, Inc. in Cape May, New Jersey and a member of the Garden State Seafood Association, and Mr. Sean Martin, President of the Hawaii Longline Association in Honolulu, Hawaii, offered testimony.

Mr. Nick Wiley, Executive Director of the Florida Fish and Wildlife Conservation Commission in Tallahassee, Florida, was the third witness for the Republican majority.

Mr. Charles Witek, a Recreational Angler and Outdoor Writer from West Babylon, New York, tesitfied at the invitation of the Democratic minority.

In March, New Bedford, Massachusetts Mayor Jon Mitchell delivered written testimony to the Subcommittee on behalf of the NCFC, expressing concerns over the increasing use of marine monuments to manage fisheries in place of the Magnuson-Stevens Act (MSA). According to the mayor and NCFC members, this has undermined the more transparent and collaborative management process established by the MSA.

The following additional information was provided by the Subcommittee on Water, Power and Oceans:

On Wednesday, July 19, 2017, at 2:00 p.m. in 1324 Longworth House Office Building, the Water, Power and Oceans Subcommittee will hold an oversight hearing on “Exploring the Successes and Challenges of the Magnuson-Stevens Act.”

Policy Overview:

  • Recreational and commercial fishing industries are significant drivers of the U.S. economy. Together, the U.S. seafood industry and the recreational fishing industry generate $208 billion in sales impacts and contribute $97 billion to the U.S. gross domestic product. Additionally, these industries support upwards of 1.6 million U.S. jobs.
  • Unfortunately, in recent years, access for commercial and recreational fishing has eroded due to poor science, overbearing regulations, and abuse of Marine Protected Areas – such as Marine National Monuments and Marine Sanctuaries – that often prohibit various fishing activities.
  • According to the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS), nearly 90 percent of federally managed fisheries that our commercial and recreational fishermen are not being allowed to harvest at maximum sustainable levels.
  • This hearing will begin to explore issues facing a number of federally managed recreational and commercial fisheries and identify possible solutions, including potential areas to update the federal fisheries framework via reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act.

Read the Subcommittee’s full memo here

U.S. Conference of Mayors Pass Resolution to Fight Ocean Acidification

June 26, 2017 — Today the United States Conference of Mayors approved a resolution on ocean acidification, citing the need for more research and coordination in addressing an ever-increasing threat to coastal communities. The resolution was introduced by Mayor Jon Mitchell of New Bedford, Massachusetts.

“I’m pleased to support the resolution approved today by the Conference’s Energy Committee and the Ocean Conservancy’s many efforts to highlight the threat posed by ocean acidification,” said New Bedford Mayor Jon Mitchell, chairman of the U.S. Conference of Mayors Energy Committee. “As Mayor of New Bedford, Massachusetts, the top fishing port in the nation for the past 17 years, I understand well the threat to our fisheries and to those who rely on those fisheries to earn a living.  And I’m proud to join the many other mayors across the nation who are leading on this issue.”

The resolution states that “cities are at the forefront of preparing for, mitigating against, and responding to the consequences of changes in ocean chemistry like ocean acidification.” It encourages efforts to reduce carbon dioxide emissions, the root cause of ocean acidification, and calls on Congress to fund research assessing the vulnerability of coastal communities to its impacts.

Ocean acidification hurts the fish, shellfish, and corals that anchor the fishing and tourism industries in states as varied as Massachusetts and Florida, threatening the economy of coastal communities and businesses.  The ocean absorbs about 25 percent of carbon dioxide pollution – as a result the chemistry of the ocean is changing rapidly.

About 40 percent of the U.S. population now lives in coastal counties, and that number is growing fast. The mayor’s resolution states that leaders need better information on the threat of ocean acidification to plan for and minimize the potential harm to vulnerable communities, local businesses, and economies.

Read the full story at Ocean Conservancy

New Bedford Mayor, Others In New England Weigh in on Rafael Permits

June 26, 2017 — The following is an excerpt from a story published June 24, 2017 by the New Bedford Standard-Times. As previously noted by Saving Seafood, New Bedford Mayor Jon Mitchell has written to officials at NOAA, citing legal precedent, asking that Carlos Rafael’s fishing permits be allowed to remain in New Bedford to protect the innocent parties who were not involved in criminal activity. The Mayor also notes that selling the permits, as well as the rest of Mr. Rafael’s fishing interests, whole to a New Bedford-based entity is likely the only way to have Mr. Rafael completely divested from the fishing industry, as his scallop business is not implicated in any crimes.

Mayor Jon Mitchell was the most recent party to lobby for the permits proposing that they remain in New Bedford in a four-page letter to Samuel Rauch, Assistant Administrator for Fisheries for NOAA. But his letter also shed the most light on the situation, including references to Rafael selling his entire fleet of ships and that the government appears to not have sufficient evidence to seize any scallop permits.

“All the decisions concerning Carlos’ sanctions are being discussed right now. They’re being discussed by the U.S. Attorney’s office and NOAA and Rafael’s attorney,” Mitchell said. “They’ve all heard from me over the last several months, more than once. I wanted to put my thoughts in writing on the record so it’s clear to everybody where New Bedford stood.”

In his letter, Mitchell focuses on the 13 permits’ influence on third parties. He pointed out that Rafael’s business, Carlos Seafood Inc., directly employs 285 fishermen and indirectly “supports a sprawling supply chain in the port that includes gear menders and manufacturers, fuel companies, vessel outfitters, settlement houses, welders, lumper, ice houses, truckers and many others.”

According to the mayor, Rafael’s fleet accounts for 70 percent of the fuel supplied to fishing vessels by Bay Fuels, 30 percent of the fishing gear manufactured by Reidar’s Trawling and 75 percent of the groundfish landed at Whaling City Display Auction.

“My concern is that if the government doesn’t exercise its discretion in a way that reasonably considers the interest of innocent third parties,” Mitchell said. “I believe there would be considerable harm to those folks.”

The concern extends to the New Bedford economy, which already heavily relies on scallops. Mitchell said that Rafael owns about 75 percent of the groundfish permits. Groundfish accounts for 10 percent of the port’s revenue.

“When industries in a place are less diversified, they’re more prone to economic shocks,” Mitchell said. “If we become almost exclusively reliant on scallop landings, we’re prone to all the risks that prevent themselves to that industry.

The one commonality among most of the written notes is the desire for Rafael to never fish again.

Mitchell is the only one who developed a scenario to make that a reality.

Rafael’s most valuable permits lie within his scallop vessels. There’s no evidence that the government can seize any permits other than the 13 listed in the original indictment.

“If, as it appears, the government does not have sufficient evidence or legal authority to pursue the forfeiture of all of Rafael’s permits and vessels not named in the criminal indictment, Rafael will be able to use his remaining permits…to profit from scallop landings — even from his cell in jail,” Mitchel wrote.

Read the full story at the New Bedford Standard-Times