Enforcement

The federal director of fisheries law enforcement says he doubts the Inspector General of the Department of Commerce will be able to "substantiate" allegations of "vindictive and overzealous" actions by the corps of investigators and lawyers based in Gloucester against fishing industry members.

"We really have nothing to fear," Dale J. Jones, director of enforcement for the National Oceanic and Atmospheric Administration, wrote to his national network of NOAA law enforcement officers six days after a trip to Gloucester with two senior NOAA officials and a recent addition to the staff from the Obama Presidential Campaign "for a listening session."

Jones said that, through the visit and the internal memo, he wanted to reassure a staff of "thinning' patience, declining morale and a growing reluctance" to do its duty since the announcement in June by Inspector General Todd Zisner of a national "review of practices" by NOAA law enforcement.

Read the complete story at The Gloucester Daily Times.

Dale Jones, NOAA Fisheries Director of Enforcement, in a December 17, 2009 memo obtained by Saving Seafood, described a trip to the Northeast Regional NMFS office in Gloucester with NOAA Deputy Under Secretary Mary Glackin, NOAA Director of External Affairs, Andrew Winer and Assistant General Counsel Mary Beth Ward.  The primary purpose of the visit was to conduct “listening sessions” with the personnel of the NOAA Office of Law Enforcement and NOAA Office of General Counsel for Enforcement and Litigation.

Director Jones noted that since that the Office of Inspector General was asked by Dr. Lubchenco to conduct a nation wide review of NOAA Enforcement and GCEL operations the review itself and media attention have created a "somewhat uncomfortable environment" for NOAA enforcement employees in Gloucester.

He noted that with regard to the review he does not yet have "any specific decisions or dispositions to report."

He said that he has "great confidence" in the work done by his staff, noting "it is that work and the level of high quality work and integrity that has made [the] agency what it is.  Decision by decision, action by action, over many years, [their] work has proven to be based upon a very sound, reasonable, and reliable foundation."

Director Jones noted that "the NOAA Office of Law Enforcement and [their personnel] have great respect for the men and women of the fishing industry," and that "for the most part, those who are responsible for the more egregious violations are those who are simply looking out for themselves."  He said he raises these points "to acknowledge the fact that there are those who would seek to impede our efforts to stop illegal practices simply because it precludes or minimizes their opportunity to maximize profit at the expense of others and at risk to the fisheries."

He said that "when one examines the individual actions taken by this agency on a case by case basis, there is very clear and compelling evidence to reflect that such actions have been generated by and are supported by factual evidence of violations by the persons investigated and ultimately prosecuted".

He stated that his staff have carried out their duties "within very clearly proscribed parameters in a professional and commendable manner."

Read the complete memo from Director Dale Jones.

WBZ-TV Boston's Jonathan Elias presents a two-part series on fishing regulations in New England.  WBZ describes fishing as an iconic symbol of New England and its heritage, but some fishermen say they are in trouble.

In Part 1, Jonathan Elias observes that fishermen are trying to live by the rules, but in the process they are losing good fish, losing time, and not making as much money as they used to.  It's a risky business, both from the elements, but also from the government restrictions.  Observing a fisherman disposing of excess catch, Jonathan Elias asks about rules that require fishermen to throw good fish overboard where only birds and crabs will eat them.

In Gloucester, fishing is a family business, handed down from generation to generation, "but with all the rules and regulations, they say that is coming to an end".

In Part 2,  fishermen say their livelihoods are on the line and they blame the Federal Government.  Some say enforcement even for minor violations go way too far.  WBZ looks at the Gloucester Seafood Display Auction, which the station describes as a "popular target for Federal Agents".

WBZ's Jonathan Elias observes Federal enforcement practices, which sometimes file charges four or five years after the alleged violations as being like "you getting caught cheating in 10th grade, but I don't come to you until you are a freshman in college…"  NOAA deputy special agent Timothy Donovan says they can't "turn a case over overnight."

Agent Donovan insists that "…the inspiration isn't maybe we can write a few tickets and collect that money."  But Massachusetts Attorney General and Democratic nominee for the U.S. Senate Martha Coakley expressed concern that NOAA's motivation for overzealous enforcement might be that NMFS keeps all the civil fines that fishermen pay.   She stated  "I think it deserves a really full inquiry… The last thing the fishing industry needs is unfair enforcement by a federal agency."

Watch Part 1 on Regulation

Watch Part 2 on Enforcement

 

 

In a posting on the North Carolina Outer Banks Sentinel’s blog site "Ahab’s Journal", former NOAA Law Enforcement Supervisor Steven Garfield Coker describes being interviewed by a Special Agent from the United States Department of Commerce, Office of the Inspector General (OIG).

His statement is of interest as there are no press accounts of any other agents publicly stating that they have been interviewed, but in his statement he indicates that "employees and former employees of NOAA LE" are coming to the aid of the fishing industry.  He urges industry members to contact their representatives in Washington, stating: "Tell the OIG, tell your elected officials, and tell anyone that will listen that you want an accounting of this corruption.  Be afraid of no one."

Read former NOAA Law Enforcement Supervisor Steven Garfield Coker’s statement.

NMFS is proposing to implement a regulatory amendment to modify the fishing vessel permit regulations to include specific terms and conditions for Federal fishing vessel permits obtained through the purchase of fishing vessels using Federal grant awards. The terms and conditions would authorize the NMFS Administrator, Northeast Region (Regional Administrator), to suspend, cancel, fail to renew, modify, or otherwise rescind any Federal fishing vessel permit, or the rights thereto, if the terms and conditions of any Federal grant award used to obtain said permit, or an associated memorandum of understanding, are violated by the grant recipient.

DATES: Written comments must be received no later than 5 p.m., eastern standard time, on November 2, 2009.

COMMENT:

The public may submit comments, identified by RIN 0648–AY19, by any of the following methods:

• Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking portal http:// www.regulations.gov.
• Fax: (978) 281–9135, Attn: Michael Pentony.
• Mail: Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: ‘‘Comments on Vessel Permit Regulatory Amendment.’’

Instructions: All comments received are part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

NMFS will accept anonymous comments. Attachments to electronic comments will be accepted via Microsoft Word, Microsoft Excel, WordPerfect, or Adobe PDF file formats only.

Copies of the Regulatory Impact Review (RIR) are available upon request from Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Michael Pentony, Senior Fishery Policy Analyst, phone (978) 281–9283. (However, a message on Mr. Pentony’s voice mail states he will not be in the office until October 5, 2009.)

Read the complete entry in the federal register.

On August 28th, Steven Garfield Coker, a former supervisor with NOAA Fisheries Law Enforcement wrote a letter to the (North Carolina) Outer Banks Sentinel blog "Ahab’s Journal" in which he made numerous accusations against NOAA Fisheries Law Enforcement.

Subsequently, a Congressional request was submitted to the Office of the Inspector General asking that they consider Mr. Coker’s comments and accusations in their ongoing investigation.

Read Mr. Coker’s statement on NOAA Fisheries Law Enforcement.

Mr. Coker states that he has been asked to "elaborate on the issue of fines and penalties" levied by NOAA Fisheries Law Enforcement.  He has done so today in a letter published by Ahab’s Journal.

Read Mr. Coker’s statement on NOAA Fisheries fines and penalties.

In a decision that could reduce the liability of the Gloucester Seafood Display Auction and its fish suppliers, federal fishery prosecutors have apparently decided to put an after-the-fact cut-off date on pending allegations for catching yellowtail flounder without an authorization letter.

Parts of cases against seven of the more than 20 boats charged with selling illegal fish via the auction and the linked allegations against the auction for its part in the transactions could be affected by the National Oceanic and Atmospheric Administration’s decision to drop charges brought for yellowtail catches after May 1, 2006.

The NOAA counsel’s office announced the decision in an e-mail message to attorney Stephen Ouellete.

NOAA had issued complaints against boats for having caught yellowtail that were technically illegal because the boats were not carrying the yellowtail authorization letter which fine-tuned and modified fishing rights granted in the multispecies federal permits.

Read the complete story at The Gloucester Daily Times.

Captain Bill Blount, Nantucket’s lone commercial dragger, of the fishing vessel, Ruthie B, is part of a growing fleet of commercial fishermen in the region who are fed up with the seemingly cryptic fining procedures employed by the National Marine Fisheries Services. This issue came to light this summer at Caroline Geishecker’s Chatham Coffee Company where this businesswoman overheard similar "ridiculous" stories from local fishermen about the enforcement actions of the National Marine Fisheries Service.

"They changed the area in a fishing area, but did it very poorly," said Blount. "I just noticed it, but they never sent any notification out. I was in the corner of the new boundary and then I towed out. I was honest with them (the U.S. Coast Guard patrolling the area that caught him) and did everything up front, [but] there was no way they could have caught me if I decided to lie."

For his honesty, the Coast Guard, after threatening to take him to Gloucester, Mass., impound his boat and revoke his permits, escorted Blount and the Ruthie B. to New Bedford. In New Bedford, the Coast Guard confiscated his catch and made an example of Blount in front of the commercial fishermen in port at the time.

"Besides all the humiliation, I talked to everybody I knew and nobody knew about the boundary change," said Blount. "I just remember looking at a map and saying, ‘hey, that’s the boundary I remember.’"

After initially fining Blount the full $130,000, the NMFS lowered his fine to $10,000.

Read the complete story at The Nantucket Independent.

Imagine you’re out selling coffee and muffins every day and out of the blue you get a letter in the mail saying last September you sold a blueberry muffin without an authorization letter and will be fined $50,000.

Far-fetched and extreme maybe, but Caroline Geishecker, who owns Chatham Coffee Company, said as a businesswoman she was appalled at some of the “ridiculous” stories local fishermen were telling her about the enforcement actions of the National Marine Fisheries Service.

“It’s a really, really bad scene,” she said.

Read the complete story at Wicked Local.

Outer Banks watermen have joined their peers from New England and New York in voicing complaints about what they say are excessive fines and overzealous enforcement practices by federal fisheries agents.

About 20 watermen gave interviews over two days with a team of government investigators, said Sean McKeon, president of the North Carolina Fisheries Association, a commercial fishing lobbying group.

"It’s an opportunity for us to get on the record with the proper agencies the abuses that the industry has been subject to for many, many years," he said. "When they overreach, when people are treated like common criminals – which we believe they are – something needs to be done."

Read the complete story at The Virginian-Pilot.