Fishing Industry Alerts

Sen. Schumer has joined Senators Kerry and Brown and Congressmen Frank, Tierney and Delahunt in urging Sec'y Locke to open a 45-day window for individuals who did not submit their cases for review by the Inspector General due to fear of reprisal. The Senator noted that fishing is a multi-billion dollar industry in New York.  He noted that the alleged enforcement abuses have led to "a severely fractured relationship between the fishing industry and federal regulators".

Last month, in the wake of a highly critical report by the Commerce Department Inspector General, NOAA announced that they had reassigned Dale Jones, the former longtime chief of law enforcement for the National Oceanic and Atmospheric Administration, and Charles Juliand, the former longtime senior attorney in the Gloucester Office of General Counsel for Enforcement and Litigation.

The text of Senator Schumer's letter follows:

Dear Secretary Locke,

Thank you for your recent commitments to improving stock science and exercising your authority to ease overly burdensome catch restrictions on New York and America's fishermen. Fishing is a multi-billion dollar industry in my state and our fishermen are weathering one of the most challenging economic crises in generations.

I have recently spoken with you and Dr. Lubchenco about alleged enforcement abuses at NOAA that have led to a severely fractured relationship between the fishing industry and federal regulators. At this time, it is of the utmost importance that Department of Commerce and NOAA work to restore the faith and trust of our nation's fishermen.

That is why today I am joining my colleagues from Massachusetts in urging you to open a 45-day window for individuals who did not submit their cases for review by the Inspector General due to fear of reprisal. I have been approached by a number of New York fishermen who would like their cases to be reviewed by the newly appointed Special Magistrate.

Again, I believe it is imperative that federal regulators work to help strengthen our fishing sectors throughout the country, particularly in these challenging economic times. Allowing for a 45-day window to non-reviewed enforcement abuse cases is an important starting point in that process.

Charles E. Schumer
United States Senator

Senator Olympia Snowe (R-Maine) has asked for all information regarding the rationale for the decision to reassign Mr. Dale Jones and Mr. Charles Juliand.

WASHINGTON – Nov. 1, 2010 – Senator Olympia Snowe (R-Maine) has asked the Commerce Department to provide any and all information to the Subcommittee regarding the rationale for the decision to reassign Mr. Dale Jones, former head of NOAA's Office for Law Enforcement, and Mr. Charles Juliand, formerly an attorney in the Office of General Counsel for Enforcement and Litigation in the Northeast Region.

Last week, Senators John Kerry and Scott Brown, together with Congressmen Barney Frank and William Delahunt also requested an explanation as to why discredited NOAA employees remain on the payroll.  Senator Snowe's request differed in that she invoked her authority as ranking member of the Senate Oceans, Atmosphere, Fisheries, and Coast Guard subcommittee.    As Senator Snowe observed, "While the law prevents NOAA from releasing much of this information to the general public, the agency must, by law, provide its rationale to a Congressional Committee with jurisdiction over its activities."

The text of the release from her office follows:

WASHINGTON, D.C. – U.S. Senator Olympia J. Snowe (R-Maine), the Ranking Member of the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, has demanded an explanation why two employees of the National Oceanic and Atmospheric Administration (NOAA), found by the Commerce Department's Inspector General to have committed serious mismanagement infractions against fishermen, have not faced stronger disciplinary action.  In a letter to U.S. Department of Commerce Secretary Gary Locke sent Friday October 29, 2010, Senator Snowe asked the Commerce Department to provide any and all information to the Subcommittee regarding the rationale for the decision to reassign Mr. Dale Jones, former head of NOAA's Office for Law Enforcement, and Mr. Charles Juliand, formerly an attorney in the Office of General Counsel for Enforcement and Litigation in the Northeast Region.
 
"NOAA has a responsibility to explain its decision to retain these individuals on the Federal payroll in spite of clear, confirmed violations of public trust as detailed in reports released by the Inspector General and in testimony by the Inspector General before various Congressional Committees.  While the law prevents NOAA from releasing much of this information to the general public, the agency must, by law, provide its rationale to a Congressional Committee with jurisdiction over its activities," said Senator Snowe. "Upon receipt of the Department's response, I pledge I will do my utmost to ensure that justice is done and those responsible for the litany of horrific abuses of power and draconian enforcement tactics uncovered by the Inspector General face appropriate consequences.  The perpetrators of these abuses must be held to task for their egregious violations of the public trust, particularly in the northeast."
 
The Privacy Act of 1974 precludes the Department of Commerce from releasing additional information to the public at this time, but the Department is authorized under section 522a(b)(9) of the statute to release such information to a relevant Congressional committee or subcommittee.
 
"Systemic mismanagement of law enforcement operations has adversely affected NOAA's ability to regulate fisheries by driving a wedge between regulators and industry members," said Senator Snowe.  "To ensure the highest level of accountability for both the fishermen impacted by these serious infractions as well as U.S. taxpayers, the Subcommittee looks forward to reviewing and evaluating a detailed explanation provided by the Department in a timely manner."

Read the letter from Senator Snowe to Secretary Locke.

 

 

 

 

 

 

 

 

 

 

Unlike the Inspector General, they found the allegations "unfounded" and expressed "strong support" for deposed director Dale Jones.

WASHINGTON – October 27, 2010 – Almost exactly four years ago to the day, Bill Hogarth, then Administrator of the National Marine Fisheries Service, responded to complaints about the leadership of the NOAA Fisheries Office of Law Enforcement (OLE) from a senior OLE agent. Unlike the Inspector General reports released this year, which found numerous serious problems with OLE and its management, Mr. Oliver's e-mail expressed "strong support for Dale [Jones] as Director of OLE and the OLE management. Mr. Oliver continued, "We here [sic] very few complaints from the fishing community or public about your services and we're pleased with the work of the Office of Law Enforcement."
 
The complaining agent, a nine-year veteran had written to Admiral Conrad Lautenbacher, NOAA Administrator, stating: "I have lost confidence in the leadership at NOAA/NMFS/Fisheries OLE. I am not alone in this loss of confidence.  I will not and do not speak for others, but will tell you others (field level special agents and officers, and fellow supervisors all over the nation) in the agency have spoken to me. The vast majority have told me they share the same loss of confidence in the leadership.  Of course they fear to share this sentiment with the upper leadership for fear of retaliation, whether warranted or not.  I believe an anonymous survey of the employees would bear this lack of confidence out."
 
Admiral Lautenbacher did not respond, but instead had Administrator Hogarth contact the agent.
 
Several anonymous complaints raising similar concerns were also received by Admiral Lautenbacher.
 
On February 7, 2007 an all-hands conference call was held among OLE staff to address these complaints and other issues.
 
On February 12, 2007, John Oliver, the Deputy Administrator of NMFS wrote to OLE staff as a follow-up to the call.
 
In his e-mail, Mr. Oliver stated that the "primary thrust of the messages centered around the concerns and perceptions of the writers with regard to the management and leadership of the OLE.   They can generally be characterized as suggesting that Director Dale Jones was not managing the OLE properly in several areas."
 
A two-person team consisting of Captain Rick Brown, who served on Mr. Oliver's staff, and Cecilia Collins, a NOAA human resources specialist, investigated the allegations.
 
According to Mr. Oliver's e-mail, the result of Captain Brown and Ms. Collins' investigation was that none of the allegations were sustained.  "They were determined to be unfounded."
 
Multiple recipients confirmed the text and legitimacy of the email.
 
 
Read the full text of Deputy Administrator John Oliver's February 12, 2007 email at Saving Seafood
 

 

 

 

 

 

 

 

Report drafted in response to the Sec'y Gary Locke's reply to requests from Gov. Patrick and Rep. Frank entitled "Scientific Information Available to Support Increases in Annual Catch Limits for New England Groundfish". 

WASHINGTON – October 22, 2010 – In response to the Secretary Gary Locke's recent reply to requests from Massachusetts Governor Deval Patrick and Congressman Barney Frank (D-Mass.), Steve Cadrin, Kevin Stokesbury, Dan Georgianna, Emily Keiley, and Cate O'Keefe of the University of Massachusetts School for Marine Science and Technology, together with and David Pierce of the Massachusetts Division of Marine Fisheries have drafted a report entitled "Scientific Information Available to Support Increases in Annual Catch Limits for New England Groundfish". Brian Rothschild provided valuable input to the report. 

The report was presented today at a meeting of the New Bedford Mayor's Oceans and Fisheries Council in the Wattles Family Gallery at the New Bedford Whaling Museum.

The report provides information that can be considered to support Governor Patrick's and Representative Frank's conclusion that increased ACLs can be scientifically justified.

In summary, scientific information is available to support increased Annual Catch Limits (ACLs) for New England groundfish that do not undermine conservation mandates of the Magnuson Act. A review of scientific analyses used to derive ACLs finds that several decisions favored relatively low ACLs, and scientifically valid alternatives may be available for: 1) direct estimates of FMSY, 2) alternative stock assessment models, 3) smaller uncertainty buffers, and 4) revised rebuilding objectives.  Alternative scientific decisions would support increases in ACLs for all New England groundfish stocks, with substantial increases for 'choke stocks' such as Georges Bank yellowtail flounder, Georges Bank cod, Gulf of Maine cod, Gulf of Maine winter flounder, and southern New England winter flounder. Increased ACLs for 'choke stocks' are expected to allow the fleet to achieve more of their allocation of other stocks, thereby substantially increasing mixed-stock economic yield.

Read the complete report.

 

 

 

 

 

 

 

National search  for new enforcement head has begun

NOAA Administrator Dr. Jane Lubchenco has:

– Stated that former NOAA Enforcement director Dale Jones is still employed by NOAA and is working as a fisheries program specialist on the "integration of NMFS trade monitoring programs with the government-wide international trade data system.

– Announced that embattled NOAA Enforcement attorney Charles Juliand has been reassigned away from enforcement duties.  He will work in the General Counsel for Natural Resources, and will work on matters related to the oil spill in the Gulf of Mexico.

– Announced that NOAA has begun a nationwide search for a new enforcement director.

The text of the official announcement follows:

NOAA Announces Enforcement Office Changes

Statement from Dr. Jane Lubchenco, Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator

I am announcing two changes we have made to move NOAA further down the road to an effective enforcement program in NOAA's National Marine Fisheries Service.

First, we are today posting a job announcement for a new Director, Office of Law Enforcement, and will conduct a nationwide search for a new strong leader. Outreach for the search will be carried out by a team headed by Vince O'Shea, Executive Director of the Atlantic States Marine Fisheries Commission, and former U.S. Coast Guard Captain in charge of fisheries law enforcement. Alan Risenhoover, the acting director of Law Enforcement, is in the meantime doing an excellent job of heading that office. Dale Jones is a fisheries program specialist working on the integration of NMFS trade monitoring program with the government-wide international trade data system.

Second, Charles Juliand, a lawyer in the office of General Counsel for Enforcement and Litigation, assigned to the Northeast Office in Gloucester, is being reassigned away from enforcement duties to the office of General Counsel for Natural Resources, where he will work on matters related to the oil spill in the Gulf of Mexico.

Since summer 2009, Commerce Secretary Gary Locke and I have taken a number of steps to address complaints about NOAA's enforcement program and to improve the program. These include asking for Inspector General reports and implementing recommendations from those reports, revamping the way we handle expenditures from the Asset Forfeiture Fund, putting in place a new chief of the General Counsel for Enforcement and Litigation office, providing for higher level review of enforcement decisions, and setting up a program for compliance assistance in New England.

 

 

 

 

 

 

 

Commerce Sec'y reverses previous NOAA position, agrees with Members of Congress, says he does have authority and "is prepared" to issue emergency regulations. NEW BEDFORD, Mass. – Oct. 14, 2010 (Saving Seafood) – At a press conference today at the New Bedford Whaling Museum, Massachusetts Governor Deval Patrick, Senator John Kerry, New Bedford Mayor Scott Lang and Gloucester Mayor Carolyn Kirk joined Congressman Barney Frank to announce several actions to be taken by Commerce Secretary Gary Locke in response to inquiries made by a number of Members of Congress and the Sentate led by Congressman Frank.

In a letter sent today to Congressman Frank, Secretary Locke made the following points.

Secretary has the authority to issue emergency regulations due to economic factors

"Section 305(c)(1) of the Act grants the Secretary of Commerce the authority to "issue an emergency regulation or take interim measures to address an emergency or overfishing… "  Under the NOAA policy applying this authority, I may take economic factors into account in determining whether to promulgate an emergency rule so long as those factors are based on "recent, unforeseen events or recently discovered circumstances."  In addition, pursuant to the Act, any exercise of the authority must be based on the best scientific evidence available that indicates doing so will not undermine the conservation mandates of the Act and any action must give priority to conservation measures.  See NRDC v. Daley, 209 F.3d 747 (D.C. Cir. 2000).

Secretary Locke "is prepared" to issue emergecy regs to revise catch limits based on economic and scientific data

"I am prepared to issue an emergency regulation to revise catch limits whenever there is both sufficient economic and sound scientific data available to meet these requirements.  You have graciously offered to provide scientific and economic information that could support the exercise of the emergency rule authority in response to the current situation in New England.   Dr. Lubchenco and I look forward to receiving this information and continuing to work with the New England delegation to address this difficult problem"

Administration will work with Congress to pass Snowe-Frank bill on Canadian and United States transboundary stock management

"[W]e appreciate Senator Snowe's and your efforts to address Canadian and United States transboundary stock management.  The Department of Commerce recognizes, appreciates, and supports the intent of the proposed International Fisheries Agreement Clarification Act to treat the U.S./Canada Transboundary Resources Understanding (Understanding) in a similar fashion to international agreements under the Act for fishery management purposes.  We would welcome the opportunity to work with Congress to pass appropriate legislation this year.

NOAA will host a Fishery Science Workshop in January to involve fishermen in data collection

"[W]e share the view there is a need to increase the precision of stock assessments and for greater involvement of fishermen in collection of scientific information alongside National Marine Fisheries Service researchers through cooperative research projects.  To continue the progress on stock assessments, NOAA will host a national fishery science workshop in January 2011 to consider priorities and strategies needed to support full implementation of the Act requirements.  The national workshop will include regional sessions to consider stock assessment issues unique to individual Fishery Management Councils.  It will be organized with the assistance of the Councils and involve a cross-section of national scientific experts and regional stakeholders"

$15 million for more stock assessments and cooperative research

"[T]he Obama Administration is committed to improving strong stock assessment and cooperative research capabilities.  We will be sending a transfer request to Congress requesting reallocation of $15 million of prior year funds (that are no longer needed to complete the Decennial Census) for stock assessments and cooperative research projects nationwide.

The Secretary said that today's actions "combined with our increase in catch limits for pollock, funding for cooperative research and stock assessments, appointment of a Special Master to review enforcement cases, and increased transparency in the use of the Asset Forfeiture Fund illustrate our commitment to fishermen and coastal communities."

Secretary Locke concluded the letter by noting that as Governor of Washington state, he " saw firsthand the impact of decisions made in Washington, DC, on fishing communities.  As Secretary of Commerce, I am committed to doing everything I can to support sustainable fisheries now and into the future."

 

Read the letter from Secretary Locke to Congressman Frank

 

 

 

 

 

 

 

 

 

Governor Patrick, Congressman Frank, Senator Kerry and Mayor Lang to update fishing industry on ongoing efforts with Commerce Sec'y Locke.

WASHINGTON – Oct. 13, 2010 – On Thursday, October 14th, Massachusetts Governor Deval Patrick, Senator John Kerry, Congressman Barney Frank, and New Bedford Mayor Scott Lang, will announce important new information from the Department of Commerce regarding the Secretary's authority to act under the Magnuson-Stevens Act.

In addition, the officials will provide an update on economic issues facing the fishing industry.

Congressman Frank stated: "I've been engaged in several ongoing discussions with Secretary Locke, who has direct oversight over the fishing service, and with the help of Governor Patrick, Senator Kerry, Senator Brown, Congressman Tierney, Mayor Scott Lang, Dr. Brian Rothschild, and leaders in the fishing industry, we recently made our case to Secretary Locke that the industry is facing an economic emergency and that the Secretary has the authority to take appropriate measures. The Secretary has examined our arguments, and I look forward to updating the industry with his response."
 
WHAT:    Congressman Frank, Governor Deval Patrick, Senator Kerry, and Mayor Scott Lang will be making an important announcement updating the fishing industry on his ongoing efforts with Secretary of Commerce Gary Locke to address the economic emergency facing the industry.
 
WHERE:  New Bedford Whaling Museum, Theater Room, 18 Johnny Cake Hill, New Bedford, MA, 02740
 
WHEN:   Thursday, October 14th, 2010 – 2:15pm

 

 

 

 

Gov. Deval Patrick has asked U.S. Commerce Secretary Gary Locke to take action on catch limit increases "no later than October 15, 2010.”

BOSTON – Oct. 6, 2010 – In a letter dated October 1, Massachusetts Governor Deval Patrick thanked Commerce Secretary Locke for visiting Massachusetts and Maine, and for his announced actions on law enforcement.  He asked the secretary for a 45-day window for more fishermen, captains and owners to ask that a past enforcement case be reopened

The governor wrote “My team will be in touch with your general counsel to work on the development of a legally and scientifically sound path to raise catch limits to the maximum possible extent within the constraints of the Magnuson-Stevens Act. Given the number of fishermen who testified to the severe economic impacts and increasing bankruptcies among small family fishermen due to unnecessarily low limits, I ask you to take action no later than October 15, 2010.”

The Governor observed that the Secretary announced funds for gear research to reduce bycatch, Patrick wrote, “none of these funds address the serious need for a credible groundfish stock assessment, which was the cornerstone of my original request. Parties around the table noted that the solution to historic mistrust between industry science and NMFS (National Marine Fisheries Service) science will only be overcome through the kind of collaborative effort that I requested in June 2009."

“I ask you to identify $2.1 million in additional funding to allow us to conduct a cooperative groundfish assessment program in partnership with federal, state, and industry stakeholders. You asked for suggestions as to how a portion of NOAA’s asset forfeiture fund could be used to benefit fishermen. I believe such funds could be used to conduct a cooperative groundfish assessment program.”

Finally, the Governor asked for direct assistance for fishing families this winter. "I’m deeply concerned about the prospect of hundreds of fishermen and their families facing hardship this winter due to overly restrictive federal fishing regulations. I ask NOAA to immediately begin identifying funding, either from the asset forfeiture fund or another source, to assist with transitional and heath care coverage in the event that progress is not made on raising limits in the next several weeks.”

Read the letter from Governor Patrick to Secretary Locke.

 

 

 

WASHINGTON – Congress this week approved legislation that includes a number of fishing vessel safety improvements championed by Congressman Barney Frank and Senator Kerry. The bill will now go to President Obama for his signature. The 2010 Coast Guard Reauthorization bill (H.R. 3619) increases funding for the Coast Guard, and enhances its ability to carry out homeland security missions.  Also, due to efforts by Congressman Frank and Senator Kerry that stretch back several years, the legislation also establishes marine safety as a core mission of the Coast Guard.  The bill creates a fishing safety training grant program; it calls for new federally funded research on improving safety technology in the industry; and it updates the requirements relating to on-board safety drills and equipment.  The legislation also establishes new safety standards for smaller vessels.
 
"Fishing is a very dangerous business," said Congressman Frank, "but there is a lot that can be done to minimize the hazards faced by fishermen.  This bill makes safety training and research a high priority, and it provides the resources necessary to make an important difference."
 
"These safety provisions are a no brainer given that lives are at stake," said Sen. Kerry.  "If we can improve safety equipment and preparedness, some accidents can be avoided and that saves lives. That's the bottomline."
 
In addition, previous versions of the bill contained a provision that would mandate that single hull oil barges traveling in Buzzards Bay use Massachusetts licensed pilots or federally licensed pilots with recent experience in the bay.  This provision aimed specifically at addressing a gap in the Buzzards Bay safety standards that was identified following the disastrous oil spill there in 2003. Unfortunately, this provision was dropped during the bill's final negotiations.
 
"Memories of the 2003 Buzzard Bay oil spill and its impact on our region are still fresh," said Frank.  "Despite the strong efforts of Senator Kerry and Senator Brown this important safeguard was dropped from the bill.  I will continue to work with my Senate colleagues to pass this provision into law, and do everything possible to protect Buzzards Bay."
 
"No one is going to forget the damage delivered by the Buzzards Bay oil spill.  The effects on the bay's fragile ecosystem and shell fishing activities can still be seen eight years later. I'm disappointed that this provision was dropped from the bill, but we won't stop working on this until we are satisfied that Buzzards Bay and the surrounding community are protected," said Senator Kerry.
 
The language regarding navigation in Buzzards Bay was meant to resolve a conflict between the Massachusetts State Legislature and the U.S. Coast Guard.  Following the 2003 Buzzards Bay oil spill, the Massachusetts State Legislature passed a law which made a number of changes to the requirements for oil transport in the bay, including a state pilot mandate. The Coast Guard filed suit successfully against the portions of the new state law that it claimed infringed on federal authority to regulate navigation.
 
After criticism by the Congressional delegation, the Coast Guard eventually issued its own regulations requiring some of the same safety regulations that had been in the Massachusetts law, but these regulations did not include the state pilot requirement.  The provision that was dropped from the bill would have permanently resolved this issue, requiring that single-hull tankers in Buzzards Bay use either pilots licensed in Massachusetts or those licensed by the federal government who have recent experience in Buzzards Bay.
 
Among the fishing vessel safety provisions in the Coast Guard bill are the following:
 
Fishing Safety Training Grants Program – Based on a proposal originally in Frank's proposed 2006 fishing legislation, this provision authorizes up to $3 million annually for training programs similar to those hosted by the City of New Bedford in recent years. The Coast Guard bill makes training mandatory for vessel operators, and also takes into account their years of experience as captains. It also requires vessel operators to take a refresher course every 5 years. Participation by crewmembers would be voluntary, and both operators and crewmembers would receive certificates of participation. In addition, the names of all those who participate in the training programs would be maintained in a publicly accessible database.
 
Fishing Safety Research Grant Program – At Frank's request, the Coast Guard bill adds fishing safety research to the Coast Guard's annual research and development efforts. Under this provision, research topics eligible for funding would include vessel design, emergency and survival equipment, communications devices, de-icing and severe weather technology, and safety enhancements for Vessel Monitoring Systems (VMS). The potential expansion of VMS technology for safety purposes was brought up by a number of fishermen at New Bedford public meetings.
 
Inspections, Drills and Equipment – Similar to a provision in Frank's 2006 bill, the Coast Guard bill requires fishing boats to keep logs of the onboard safety drills required under existing law. In addition, all federally permitted vessels would be required to undergo a dockside inspection twice within a five year period (expansion of dockside inspections was raised in New Bedford public meetings). Also, the bill standardizes the safety equipment required of fishing boats operating in federal waters, though the Coast Guard would maintain its current power to exempt vessels from some of the requirements, based on where, when and how they fish.
 
Safety Standards for Smaller Vessels – Frank's 2006 bill called for new safety standards for vessels between 50 – 79 feet in length, and he urged that this concept be included in the Coast Guard bill. The bill includes several provisions aimed at phasing in new standards, depending on the size of vessels and when they were built. Specifically, new fishing vessels 50 feet or over in length, or those that undergo major alteration after the bill is signed into law, would have to be constructed and maintained in accordance with the standards of a recognized classification society such as the American Bureau of Shipping (ABS). Beginning in 2018, existing vessels 50 feet and over that are 25 years old or older would have to meet either classification standards or alternative compliance standards to be developed by the Coast Guard in cooperation with industry. The alternate compliance standards could vary based on the specific region or fishery. Also, any new fishing vessel over 79 feet would have to obtain a "load line."
 
Frank had proposed an array of safety improvements as part of fishing legislation he introduced in 2006 (H.R. 4940). Most of those proposals were not included despite the urging of Frank and other House Members, in the Magnuson-Stevens Fishery Act reauthorization bill that Congress passed in December 2006. The decision to exclude the safety provisions from the final Magnuson bill was made by Republican committee leaders, on the grounds that Coast Guard matters lie within the jurisdiction of the Transportation Committee as opposed to the Resources Committee (which covers the Magnuson Act).
 
When the Magnuson bill passed in that form, Frank and Kerry pledged to pursue safety improvements as part of separate legislation. In March 2007, Frank sponsored a public forum in New Bedford on fishing safety, and then testified before the Coast Guard Subcommittee at a safety hearing on April 25. At Frank and Kerry's request, Deb Shrader of the New Bedford-based organization Shore Support also testified. Following that hearing, Frank has worked with Coast Guard Subcommittee Chairman Elijah Cummings (D-MD) and Transportation Committee Chairman James Oberstar (D-MN) to the develop safety provisions, which are included in the Coast Guard bill.
 

 

BOSTON – Andy Cohen, the  former agent in charge at the Northeast's embattled federal fishery enforcement office has confirmed to Jay Lindsay of the the Associated Press that he will retire. Agent Cohen told the Associated Press his departure from the National Oceanic and Atmospheric Administration after three decades was long planned. But he said putting new leadership in place would be beneficial, "symbolically, if nothing else."

On August 13, Agent Cohen stepped down from his position as Agent-in-Charge in the northeast, and was reassigned to a non-supervisory headquarters position reporting to NOAA Office of Law Enforcement Acting Director Alan Risenhoover. Since then he has not been directly involved with any enforcement actions in the Northeast."

Cohen told the AP he was proud of the work he'd done, and he was certain he'd helped protect honest fishermen. According to the wire report "He said the criticism has come mainly from people caught stealing who were upset the law was being enforced."