Members of the East Coast congressional fishing caucus are prepared to challenge the announced intention of top fisheries regulators not to review past miscarriages of justice by federal enforcement agents against fishermen and related businesses.
Sens. John Kerry and Scott Brown and Congressman John Tierney said they believe it essential that acts of improperly used authority by the agents of now-former National Oceanic and Atmospheric Administration police chief Dale J. Jones and NOAA's office of general counsel be fully explored in the process of reforming the scandalized agency.
Kerry and Tierney said they would raise their concern during an emergency meeting set for Wednesday with Commerce Secretary Gary Locke that he granted to a 23-member caucus to discuss a suite of suggested actions by the secretary to relieve concerns over the viability of the New England groundfishing industry.
"Sometimes, you have to look back in order to move forward," said Kerry.
"I will work with other members of the delegation to fully investigate the reported acts of impropriety," said Brown.
Congressman Tierney added that "we will not tolerate NOAA's silence on this matter."
Republican Congressman Walter B. Jones of North Carolina, most members of the caucus as well as lawyers and lawmakers from New England ports have asserted similar opinions.
"Congressman Jones feels that it is unacceptable for NOAA not to look back at the problems or what caused them," his press secretary, Catherine Fodor, said Friday.
In addition, Congressman Barney Frank, who could not be reached for this story, has been outspoken in urging that NOAA look back at law enforcement acts that warrant review.
The decision to reform NOAA law enforcement without first reviewing past excessive penalties and actions against the industry was found in a memo to NOAA administrator Jane Lubchenco by Eric Schwaab, director of the National Marine Fisheries Service, and NOAA Chief Counsel Lois Schiffer.
"Our goal and approach are to look forward toward building an improved, effective and fair program," Schwaab and Schiffer wrote to Lubchenco. "We are not here re-examining specific cases or data mentioned in the report or looking at the history of our offices."
Lubchenco released their memo on March 18 along with multiple documents and addenda in announcing the planned response to a scathing report from Inspector General Todd Zinser on policing and legal actions by NOAA agents in the name of enforcing the Magnuson-Stevens Act and other fisheries laws.
Lubchenco said she was "adopting" the message of the Schwaab-Schiffer letter, and noted the need for "strong leadership, procedural changes" and "certain changes in the culture of NOAA's program."
Gloucester state Rep. Ann-Margaret Ferrante, a lawyer who once represented the auction, said she was "astounded" that Schiffer proposed leaving "wrongs unaddressed".
Read the complete story at The Gloucester Daily Times.