Enforcement

The nation’s top fisheries cop was replaced Thursday after a federal review detailed mismanagement at his agency and found that he ordered dozens of files destroyed during the investigation.

Dale Jones was removed as director of the National Oceanic and Atmospheric Administration’s law enforcement office and was replaced on an interim basis by Alan Risenhoover, head of NOAA’s Sustainable Fisheries Office.

In announcing the changes, NOAA Fisheries head Eric Schwabb said in an e-mail to employees, “Ensuring a fair and effective enforcement program is our focus moving forward.’’

It was unclear whether Jones was fired, put on leave or subjected to some other administrative action. An NOAA spokesman, citing privacy laws, said he could not comment on specific personnel moves.

U.S. Sen. John Kerry, D-Mass., said the decision was “painful at NOAA, but it had to happen.’’

Read the Associated Press story in the Boston Globe.

 

 

 

 

 

WASHINGTON, D.C. – Ranking Member of the Senate Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard U.S. Senator Olympia J. Snowe (R-Maine) today welcomed the National Oceanic and Atmospheric Administration’s (NOAA) decision to appoint a new interim director at the Office of Law Enforcement for the National Marine Fisheries Service (NMFS). Senator Snowe learned of the decision in a one-on-one phone call with NOAA Assistant Administrator for Fisheries, Eric Schwaab, earlier this afternoon and released the following statement:

“Today's announcement by NOAA that it will pursue a replacement to lead the agency’s law enforcement branch is a vindication to the thousands of Northeast fishermen who bore the brunt of the egregious mismanagement recently discovered within all levels of NOAA’s law enforcement community,” said Senator Snowe.  “Indeed, the Inspector General’s report shed light on deep-rooted systemic problems within the agency’s enforcement practice, and although it is regrettable that NOAA is only now taking action to remove the current director from his post, it is certainly a step in the right direction.”

Senator Snowe continued, “As the agency moves forward with its nationwide search to find a replacement, it is imperative the new director has substantial fisheries law enforcement experience and the caliber to successfully rectify the current flaws within the division and implement enforcement practices that will protect and preserve the fishing industry. I remain committed with my efforts in pursuing initiatives to guarantee our fishermen are treated fairly while necessary regulatory enforcement practices are carried out.”

Today’s action by NOAA is in response to a report released by the U.S. Department of Commerce Inspector General in January that outlined systemic nationwide issues adversely affecting NOAA’s ability to regulate the fishing industry. In addition, the report found that these same issues have “contributed significantly to a…dysfunctional relationship between NOAA and the fishing industry – particularly in the northeast.”

 

 

 

 

 

"Removal is a good first step, but his assistants need to go, too. The entire method and model for fisheries law enforcement has to be examined, retooled, and in essence reintroduced to the shareholders in fisheries." –New Bedford Mayor Scott Lang

The chief of law enforcement for the National Oceanic and Atmospheric Administration was removed from his job Thursday after allegations of document shredding during an investigation by the Commerce Department's inspector general.

The NOAA official, Dale Jones, has been under fire since the shredding revelations surfaced in midwinter during sworn testimony in Gloucester over the handling of law enforcement cases in the Northeast regional fishery.

Read the complete story at The South Coast Today [subscription site]

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Senator John Kerry (D-MA) released the following statement regarding the removal of Dale Jones as head of NOAA Fisheries Law Enforcement. “Transparency and accountability are key for fishermen whose economic well-being is in large measure decided by NOAA’s rules. They can’t swallow them if an official is destroying documents. Replacing this official was an important step to clear the air and turn the page. Administrator Lubchenco did the right thing.  I know it was painful at NOAA but it had to happen. We’ve all had to make tough choices as managers. Now we start over with Alan Risenhoover who has long been an advocate for our fishermen.  I again request a delay in active prosecutions on NOAA enforcement actions which may be tainted by the problems within the NOAA’s Office of Law Enforcement.  I will continue to work with Massachusetts fishermen and NOAA to help to resolve the many difficult issues to reestablish a sustainable fishery in Massachusetts.”

Eric C. Schwaab, Assistant Administrator for Fisheries, sent the following message to NOAA staff announcing the removal of Dale Jones as head of Law Enforcement and the appointment of Alan Risenhoover, Director, Office of Sustainable Fisheries, to serve as the interim Director, Office of Law Enforcement.

Dear Colleagues:

Fair and effective enforcement is essential to NOAA's efforts to rebuild our fisheries and sustain the jobs and coastal economies they support, as well as the management of marine resources under our stewardship. That is why Dr. Lubchenco called for a thorough review of NOAA's enforcement program.

Today, I am announcing personnel changes in the NOAA Fisheries Office of Law Enforcement (OLE). These changes are a result of NOAA's response to the recent Department of Commerce Inspector General Review of NOAA Fisheries Enforcement Program and Operations and position us to move forward on key elements of our recently released action plan dated March 18, 2010.

Effective immediately, I am reassigning Alan Risenhoover, Director, Office of Sustainable Fisheries, to serve as the interim Director, Office of Law Enforcement. Emily Menashes will serve as acting Director, Office of Sustainable Fisheries, while Alan is on this detail. On the advice of departmental counsel, and due to Privacy Act requirements, any other associated personnel changes cannot be discussed at this time.

This change will ensure continued enforcement operations and position us to effectively implement the actions identified by Dr. Lubchenco in response to the Inspector General's report, including workforce planning, priority setting and communications improvement, as well as prepare to recruit new leadership for the OLE Program. I will be holding a conference call with the NOAA OLE Special Agents in Charge later today.

I will soon be undertaking a search to identify candidates to compete for the Director of Law Enforcement position. Mr. Vince O'Shea, Executive Director at the Atlantic States Marine Fisheries Commission, has agreed to assist NOAA Fisheries in this effort.

I want to thank you for your continued focus on our important law enforcement responsibilities as we work through these reviews. I have heard from some of you already about ways to improve enforcement efforts and we will continue that dialogue in the weeks and months to come. Ensuring a fair and effective enforcement program is our focus moving forward.

Thank you.

Eric C. Schwaab
Assistant Administrator for Fisheries

 

 

 

 

 

 

 Washington, DC – Today, Congressmen Barney Frank (D-MA) and John F. Tierney (D-MA) responded to the recent decision by the National Oceanic and Atmospheric Administration (NOAA) to appoint an Acting Director for the Office of Law Enforcement (OLE), replacing the current Director, Mr. Dale Jones, and immediately open a nationwide search for a permanent OLE Director.

“While this not a cause for celebration, it is clearly an improvement,” said Frank.  “I express my gratitude to Dr. Lubchenco for this positive step, and I expect NOAA to undertake a careful and thorough selection process as they select a new Director of Law Enforcement.”

“Today’s action by NOAA to appoint a new Acting Director for OLE is a step in the right direction. I am grateful to Dr. Jane Lubchenco and Assistant Administrator for Fisheries Eric Schwab for acting on this matter and I am hopeful this will lead to the end of the unfair and abusive practices by the enforcement agency toward our fishermen,” said Congressman Tierney.  “It is my intention to formally request the public release of a new IG report on the unacceptable behavior and work practices of Mr. Jones. This is imperative and only fair to those in the fishing community who have been unjustly targeted for so long. I will continue to be actively engaged on this issue and work to ensure appropriate action is taken.”

Congressmen Frank and Tierney have repeatedly called for Mr. Jones to step aside, as Jones has come under heavy scrutiny in recent months as a result of findings in a January Inspector General’s (IG) report on enforcement issues, questionable actions revealed through Mr. Jones’ testimony at a March congressional hearing in Gloucester, Massachusetts and potential improprieties by Mr. Jones and OLE brought to light through recent Congressional Hearings.

The chief counsel of the National Oceanic and Atmospheric Administration, assigned to bringing the rule of law to a tarnished enforcement cadre, has proposed what might be called a "let-bygones-be-bygones" policy as the agency strives to gain the trust of an abused fishing industry.

Lois Schiffer, considered an expert in environmental dispute resolution, submitted her policy proposal Thursday to NOAA administrator Jane Lubchenco in a package of documents that updated reforms to gain control of the agents who investigate violation cases — and the litigators who bring cases made by the agents.

The Inspector General for the U.S. Department of Commerce produced a scathing report in January based on a six-month national investigation of claims and complaints by members of the fishing industry and their congressional representatives.

Read the complete story at The Gloucester Daily Times.

NEW BEDFORD — NOAA is revamping its fishery enforcement methods after a scathing report by the Commerce Department's inspector general, but the agency is not revisiting past cases for prosecutorial abuse, NOAA chief counsel Lois Schiffer told The Standard-Times Thursday.

Perhaps the biggest change was announced by National Oceanic and Atmospheric Administration Administrator Jane Lubchenco in a press release: In cases before an administrative law judge, the burden of proof in cases of alleged fishery lawbreaking will shift away from the alleged violator and to the government.

The change does not affect catch seizures, which NOAA must justify in federal court, NOAA spokeswoman Monica Allen said.

The proposed change was published in Thursday's Federal Register and will not take effect until after a comment period. But Schiffer said that, in practice, the shift in the burden of the argument will happen now, with pending cases. 

Read the complete story at The South Coast Today.

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Dr. Lubchenco’s report to the Inspector General is available online

The report’s appendices are available online

The National Oceanic and Atmospheric Administration yesterday announced a suite of detailed reforms with an eye toward "moving toward an effective enforcement program" for federal fisheries, the agency's chief administrator said.

The agency has been chipping away at longtime patterns of dissonant behavior since January, when a 28-page inspector general's report outlining misconduct, lack of leadership and provocative actions against fishermen and fish brokers dropped with a thud into the lap of NOAA chief administrator Jane Lubchenco.

Yesterday, Lubchenco made no mention of Dale Jones, whose 11-year record heading NOAA law enforcement has become a major distraction to Lubchenco and a bar to rapprochement with a fishing community whose complaints have been corroborated through Inspector General Todd Zinser's investigation and preliminary report.

She did, however, announce a commitment to healing scars from wounds and slights to the fishing industry over many years by agents cited by the inspector general for confusing their "criminal" orientation with the technical and reporting violations of fishermen and dealers.

Read the complete story at The Gloucester Daily Times.

 

Dr. Lubchenco’s report to the Inspector General is available online

The report’s appendices are available online

 

The conduct of enforcement agents for the National Marine Fisheries Service should be a target of more than an audit or a civil inquiry by the U.S. Department of Commerce Inspector General.

It deserves a criminal investigation.

The evidence continues to pile up that the agency, which is under the oversight of the National Oceanic and Atmospheric Administration, has been functioning as a law unto itself. It is not just a pattern of disproportionate enforcement. It now includes things like unauthorized entry and, most recently, an allegation that agents may have tried to coerce a witness before the start of a trial.

The blatant, ongoing disproportionate enforcement is bad enough. IG Todd Zinser, in a recent report, found that fines and other penalties assessed against fishermen in the New England region were more than double those in other regions of the country.

Read the complete story at The Daily News of Newburyport.