Last year, investigation of Northeast Federal Fisheries Agency found a pattern of excessive fines levied on Northeastern fishermen and years of mismanagement by fisheries officials who made unauthorized purchases with funds.
A recent Commerce Dept. decision will prevent fishermen who believe they have been unfairly targeted by NOAA from a fair review of their cases; Schumer calls for Commerce Dept to open channel to allow them to do so.
Schumer: Commerce decision baffling in light of rampant mismanagement uncovered in Inspector General’s report – fishermen deserve the right to appeal their cases.
U.S. Senator Charles E. Schumer today blasted the United States Department of Commerce for its decision not to expand the scope of cases being considered by the special master appointed to review complaints over the National Oceanic and Atmospheric Administration’s (NOAA) excessive enforcement actions. The decision comes after an inspector general’s report released last year found that, over the course of the last four years, forfeiture funds, obtained through fines levied against fishermen and through selling seized property, were illegally used to purchase vehicles, boats, and international travel for employees of the Northeast Region of the Marine Fisheries Agency.
In response to the inspector general’s report, Schumer pressed the Commerce Department to review numerous cases in which New York fishermen claimed to have been unfairly targeted by enforcement agents of the Northeast Region Marine Fisheries Agency. Schumer noted that, at the time of the inspector general’s investigation, many Long Island fishermen did not participate in the review for fear of reprisal by NOAA enforcement officials.
In a letter to Secretary of Commerce Gary Locke, Schumer said that this latest decision by the Commerce Department unfairly denies fisherman the opportunity for modification or remittance of penalties, and urged the Commerce Department to open a channel by which fishermen can receive fair review of their cases.
“For years, officials in the Northeast Region Marine Fisheries Agency rampantly and recklessly used their authority to bankroll a slush fund obtained on the backs of hardworking Long Island fishermen. This latest decision not to expand the scope of the review of excess fines and enforcement is just the latest in a string of bad decisions by NOAA and the Commerce Department,” said Schumer. “It is bad enough that, on so many fronts, NOAA constructs barriers that make it difficult for hardworking fishermen to make an honest living, but it is beyond the pale to deny them due process of review for excessive and arbitrary enforcement and fines. The Commerce Department needs to immediately open a channel by which fisherman can receive a fair review of their cases so that justice truly be served.”
Last year, an Inspector General report found that regional offices of the Marine Fisheries Agency were acting autonomously and fines for the Northeast Region were exceedingly out of line with other regions throughout the country. According to the report, NOAA’s process for determining civil penalties were characterized by, “(S)ignificant discretion on the part of individual enforcement attorneys,” making it, “difficult to argue with those who view the process as arbitrary and in need of reform.” Further, the report pointed out that fines in the northeast region were significantly higher than any other region, suggesting that the northeast region was acting as a rouge local entity.
In light of this report, Schumer sent Secretary Locke a letter in October asking that the Special Master appointed to look at cases of abuse by enforcement officials in the Northeast be allowed to look at cases not included in the initial IG investigation of NOAA’s enforcement practices. Many of these individuals did not participate in the original report because they feared reprisal by NOAA enforcement officials. This was unsurprising, Schumer said, considering the allegations of corruption on the part of Fisheries enforcement agencts contained in the IG’s report.
“The Inspector General’s report created an opportunity for NOAA to finally address and rectify concerns that have been raised about its enforcement regime for years,” said Schumer. “This latest decision leaves doubts about its willingness to do so.”
A copy of Schumer’s letter to Secretary Locke is below.
Secretary Gary Locke
U.S. Department of Commerce
1401 Constitution Ave., NW
Washington, DC 20230
Dear Secretary Locke,
I am extremely disappointed with your decision to not expand the scope of cases to be considered by the special master appointed to review complaints regarding National Oceanic and Atmospheric Administration (NOAA) enforcement cases. This unjust decision denies New York fishermen who did not participate in the Inspector General’s (IG) investigation the opportunity to have their cases reviewed and seek modification or remittance of penalties. It is imperative that the Department of Commerce open a channel by which these fishermen can receive fair review of their cases.
The report released last year by the Office of the Inspector General was a shocking indictment of the way fisheries enforcement agents were running roughshod over fishing communities. I was especially alarmed to learn that enforcement officers in the Northeast region assessed fines that were significantly higher than those assessed in any other region. It is clear that NOAA has a large task ahead of it to regain its credibility and more broadly regain our confidence in its enforcement regime.
Your decision to limit the scope of cases to be reviewed by the special master leaves New York fishermen who feel they have been wronged by NOAA out in the cold. I have been approached by a number of New York fishermen who would like their cases to be reviewed by the newly appointed special master. Many of these individuals did not come forward during the IG’s investigation for fear of reprisal by NOAA enforcement officials. The fact that these fishermen felt intimidated is not surprising given the findings of your own IG report. If the Department of Commerce is truly serious about repairing the broken relationship between the fishing industry and federal regulators it is imperative that these cases be reviewed.
It is unacceptable for the Commerce department to continue to deny fishermen their right to seek modification or remittance of penalties for enforcement actions that the agents itself has called into question. Only by allowing fishermen an option to have their cases reviewed can justice truly be served.
Thank you for your attention to this urgent request. Please contact Anne Fiala at 202-224-6542 with any questions.
Sincerely,
U.S. Senator Charles Schumer