Enforcement

NEW BEDFORD — Jim Kendall says he really didn't expect that a review of NOAA's fisheries enforcement in his case would result in him getting any money.

After all, his brush with the law happened 19 years ago. His employer, Roy Enoksen at Eastern Fisheries, had paid the fine. And for some reason, there aren't any records of it in the NOAA offices (insert shredding joke here).

But Kendall, a fisherman for 32 years until he retired because of injury and became a seafood consultant, still wanted to make a point. The episode taught him how tricky, inflexible and excessive the methods of the law enforcement agents were — and are. A single violation that day in 1982 drew a penalty of $14,070 — a lot for most people, but only a little in the world of fisheries law enforcement.

As Swartwood wrote, "First, Mr. Kendall opines that it is common knowledge in the fishing industry that it is best to settle a case rather than file an appeal …, and second, that fishermen are worried and paranoid whenever they come into port because of fears that they may be in violation of some obscure or changed regulation involving turtles, fish sizes, closed areas, mesh requirements, etc."

Read the complete story from The South Coast Today.

 

 

 

 

 

A Gardena seafood dealer who imported endangered whale meat from Tokyo and sold it to Santa Monica eatery The Hump and other sushi restaurants in the Southland will plead guilty to a misdemeanor charge, according to reports.

Ginichi Y. Ohira, 50, was charged in Los Angeles federal court with knowingly selling a marine mammal product for an unauthorized purpose, in violation of the federal Marine Mammal Protection Act.

Specifically, Ohira sold protected sei whale meat to The Hump at the Santa Monica Airport, which closed its doors last year after federal prosecutors charged the owner and a chef with sales of the federally-protected mammal, according to court documents obtained by City News Service.

Read the complete story from The Santa Monica Daily Press.

 

 

 

 

 

According to the detailed — but redacted — findings of Master Charles Swartwood III, were multiple affronts to the American justice system that laid Yucabian low, costing him his boat, business, home and place in the New Bedford fishing community.

The “timing and circumstances” of McKenna’s travel plans with Juliand and MacDonald,” Swartwood wrote, give credence to the perception that “administrative law judge McKenna was biased,” and allowed Juliand and MacDonald to extract an excessive settlement from Mr. Yucabian.

The narrative then reaches a five-line mysterious redaction, leading to Swartwood writing: “I find this email to be credible evidence that money was NOAA’s motivating objective in this case.”

Locke’s spokeswoman Monica Allen said “attorney-client privilege” was the legal theory behind the redaction, which leaves a gaping hole in the understanding of the chain of command that Swartwood concluded had authorized gouging under the guise of the Magnuson-Stevens Act’s mandate to protect the natural resource.

Locke clearly found the government’s behavior here to be among the most offensive documented by Swartwood.

Read the complete story from The Gloucester Times.

 

 

 

 

 

 

It had just been announced that her client, the former New Bedford scalloper, Larry Yucabian, would get a cash payment of $400,000 to settle overzealous enforcement actions and fines by federal fisheries law enforcers and litigators at the Northeast Regional Office here in Gloucester.

But attorney Pamela Lafreniere was anything but happy Tuesday, following a carefully staged general apology by U.S. Commerce Secretary Gary Locke and NOAA administrator Jane Lubchenco for misdeeds and actions that they emphasized had been carried out by the career bureaucratic cadre they inherited — and whose members would not be punished or sanctioned in any way.

Only the last sentence of the paragraph by Swartwood remained unredacted. And in it, the special master wrote: "I find this email to be credible evidence that money was NOAA's motivating objective in this case."

The redaction, to Lafreniere, was a literal coverup with black ink to protect the identities of corrupt government agents.

Read the complete story from The Gloucester Times.

 

 

 

 

 

New Jersey's free Web-based saltwater fishing registry has been up and running for a little over a week, and already more than 75,000 anglers have signed up, according to the state Department of Environmental Protection.

But all is not well with New Jersey anglers, many of whom were surprised to learn last week that the penalty for those who don't sign up or forget to carry printed proof of their registration is a $300 to $3,000 fine.

"It's totally vindictive. They're going to be chasing people down and writing tickets," said Jim Donofrio, executive director of the Recreational Fishing Alliance, in a statement urging anglers to promptly sign up for the registry to avoid being fined.

State Sen. Jeff Van Drew, who sponsored the legislation creating the registry, called the fines "extreme" and "absurd."

"The very purpose of creating the free registry was to cut people a break," Van Drew said.

Read the complete story from Calkins Media.

 

 

 

 

 

Acknowledging that federal fishery police “overstepped the bounds of propriety and fairness,’’ US Commerce Secretary Gary Locke announced yesterday that he is returning almost $650,000 in fines to 11 fishermen and businesses, most in the Northeast. One New Bedford scalloper will receive $400,000.

The unusual move — and apology — comes after years of accusations by New England fishermen of excessive fines and intimidation by the National Oceanic and Atmospheric Administration’s Office of Law Enforcement. Locke had appointed a special investigator to examine 30 specific cases that the Commerce Department inspector general highlighted as problematic.

The special investigator, Charles Swartwood III, found 13 instances of poor conduct or other problems, and is investigating 80 other complaints, which could lead to the return of more money. Fines were returned to fishermen when it was legal to do so, and many involved what Swartwood deemed excessive financial penalties.

Read the complete story from The Boston Globe.

 

 

 

 

 

SECRETARY LOCKE STATEMENT:
Gary Locke, the United States Secretary of Commerce, announced a series of major policy and enforcement changes in the Federal government's regulation of our nation's fisheries. His comments took place during a joint Commerce Department / NOAA press conference on May 17, 2011.

ADMINISTRATOR LUBCHENCO STATEMENT:
Jane Lubchenco, Administrator of the National Oceanic and Atmospheric Administration (NOAA), elaborated on the series of major policy and enforcement changes in the Federal government's regulation of our nation's fisheries. Her comments took place during a joint Commerce Department / NOAA press conference on May 17, 2011.

QUESTIONS FROM THE PRESS:
Gary Locke and Jane Lubchenco addressed a variety of matters during the question and answer session of this May 17, 2011 press conference.

Listen to each of these segments from the press conference

 

 

 

 

 

 

The U.S. Commerce Secretary has ordered his agency to return almost $650,000 from 11 cases against commercial fishermen in the Northeast involving "excessive" fines and "selective enforcement" that were levied against them by the National Oceanic and Atmospheric Administration's Office of Law Enforcement.

In February, CBS News reported on complaints from Northeast fishermen that they had been subject to overly aggressive law enforcement. The Commerce Department appointed an independent judge to conduct a review of 30 cases against the fishermen.

"For too long, our fishermen have been the victims of intimidation and enormous penalties" said Senator John Kerry (D-MA) in response to the report, "Now unfair fines are being refunded and now the reality of what happened has been publicly exposed which may be just as important."

Read the complete story from CBS News.

 

 

 

 

 

Acknowledging that some federal fish police “overstepped the bounds of propriety and fairness”, US Commerce Secretary Gary Locke is returning almost $650,000 in fines to 11 fishermen or businesses, the majority in the Northeast.

The unusual move – and apology – comes after years of accusations by fishermen of excessive fines and intimidation by the National Oceanic and Atmospheric Administration’s office of Law Enforcement. Locke had appointed a special investigator last year to investigate 30 cases that a federal Inspector General’s office report said appeared problematic.

“I expect our entire law enforcement program to uphold high standards and maintain the public’s trust,’’ Locke said today in a telephone press conference. The special investigator, Charles Swartwood III found 13 instances in the 30 of poor conduct or other problems. “Enforcement has to be fair, uniform and consistent,” Locke said.

Read the complete story from The Boston Globe.

 

 

 

 

BOSTON — The U.S. Commerce Secretary has ordered nearly $650,000 in unjust fines returned to Northeast fishermen, while the nation's ocean's chief apologized to the group and said the move marks a turning point in their tense relationship.

New England fishermen have complained for years of abusive treatment, retaliation and excessive fines by the nation's fishery law enforcers.

Last year, secretary Gary Locke appointed special investigator Charles Swartwood, following a report by the Commerce department's inspector general that flagged several questionable penalties against fishermen.

Swartwood has reviewed 30 cases to date, and on Tuesday Locke said he was returning money to 11 people, based on Swartwood's recommendations.

NOAA chief Jane Lubchenco said with Locke's decision "we acknowledge and rectify past mistakes."

Read the complete story by Jay Lindsay of The AP at The Sacramento Bee.