December 7, 2012 — We're left scratching our heads over the time that's passed since Swartwood told Bryson his report should be done soon. Changes in policy have begun to erode industry dissatisfaction. Transparency on enforcement — even if the agency has to take its own medicine — will hasten the process.
Enforcement changes were implemented after Inspector General Todd Zinser's report on whether different regions were being punished differently under NOAA, and on whether administration of the Asset Forfeiture Fund was appropriate, but the pace of the agency's attempt to make good on inappropriate enforcement is holding back greater progress.
The work of Special Master Charles B. Swartwood III to root out cases of improper enforcement came out of the inspector general's report. Payments were made after Swartwood's first report, and an appeals window was opened in March 2011 for those who needed it.
Swartwood wrote to the secretary last February — at the time, John Bryson — to tell him that there were 66 cases submitted by the special master to NOAA for responses. He wrote that his final report would be ready in less than two months, with all but five of the cases having already been returned to Swartwood.
Sen. John Kerry wrote to acting Commerce Secretary Rebecca Blank this week urging the release of Swartwood's latest report on grounds that transparency would work to improve the relationship between NOAA and fishermen. It would also help fishermen know where they stand with changes to NOAA enforcement policies.
In an industry where everything changes — the rules, the equipment, the environment, the quarry — a stable enforcement environment means one less variable for already challenged fishermen in an industry that's hard enough without regulatory challenges.
We're left scratching our heads over the time that's passed since last winter when Swartwood told Bryson his report should be done soon. Changes in NOAA's fisheries policy and implementation of cooperative scientific methods have begun to erode industry dissatisfaction with the powerful federal agency. Transparency on enforcement — even if the agency has to take its own medicine — will hasten the process.
We echo Sen. Kerry in asking that the agency release the report to clear the air and bring a clean slate.
Read the full story in the New Bedford Standard Times