Sen. Brown revives call for indy NOAA probe
U.S. Sen. Scott Brown's reference Friday to seeking an "independent investigation" into potential criminal wrongdoing on the part of NOAA fisheries agents has resurrected a call by a number of fishing activists, officials and Gloucester lawmakers.
Reacting to the news that federal Commerce Secretary Gary Locke had put new written clamps on an investigation by a "special master" into cases of wrongdoing on the part of federal enforcers and prosecutors — as documented by an Inspector General's report — Brown said Friday it may be time to look toward another level of investigation into what many industry activists allege to have been criminal conduct by agents and enforcers with the National Oceanic and Atmospheric Administration.
A Department of Commerce Inspector General's report — spawned largely from an investigation launched in Gloucester and New England — found widespread excessive enforcement by NOAA officials, who socked fishermen and businesses in the Northeast with fines of up to 500 percent higher than those meted out in other parts of the country, and carried out abusive tactics in pressing an alleged violation case against the Gloucester Seafood Display Auction.
Fishery supporters and lawmakers have been pressing to get NOAA, which falls under the Department of Commerce, to revisit back cases that dealt a number of New England fishermen excessive penalties — paid into NOAA enforcement's so-called Asset Forfeiture Fund, which agents in turn used for such expenses as foreign travel and acquiring cars and a "luxury" boat.
Locke last fall indicated he'd be willing to explore back cases of government wrongdoing — seemingly against the stands of NOAA chief Jane Lubchenco, NOAA Fisheries' head Eric Schwaab, and chief NOAA prosecutor Lois Schiffer, who have been adamantly against reviewing past cases in which fishermen were wrongly penalized, and/or hit with excessive penalties.
But last week, Locke put limits on the scope of the ongoing review by Special Master Charles Swartwood III, a retired U.S. District Court judge and current chairman of the Massachusetts state Ethics Commission. The Locke memo indicated that the special master he had appointed was not to review:
Cases for which no civil penalty was imposed;
Complaints heard before a federal district court judge;
Cases currently before an administrative law judge or the NOAA administrator;
And complaints not submitted to the office of the Inspector General.
Through last week's memo, Locke also turned down requests from Gov. Deval Patrick and state federal lawmakers to allow fishermen 45 more days to come forward with new complaints, and to freeze pending sanctions against fishermen until Swartwood's review is complete.
Reacting to the Lock memo, Brown said, "If Commerce refuses to own up to its failings, an independent investigation will be necessary to right the many wrongs our fishermen have suffered."
That renewed a demand sounded last August by Gloucester's state lawmakers, who launched a campaign for a special federal prosecutor to look into possible criminal behavior by NOAA enforcement agents.
In a letter to U.S. Attorney General Eric Holder, Gloucester state Sen. Bruce Tarr and state Rep. Ann-Margaret Ferrante said the findings of Commerce Inspector General's Todd Zinser through his months-long investigation and subsequent audit proved that NOAA's use of its Asset Forfeiture Fund was in "contravention of clear statutory limits" and required a criminal probe. Their call was also endorsed by Gloucester Mayor Carolyn Kirk.
Yet no such action has gone forward, as federal lawmakers and Gov. Patrick awaited Locke's response to a variety of requests, notably to allow a boost in the New England fishery's catch limits in the face of a government-triggered economic emergency for the region — particularly in the fishing ports of Gloucester and New Bedford,
"We never got any response to that whatsoever," Tarr said Sunday. "It's clearly a problem — and it's just part of the whole circle-the-wagons mentality we've seen on these issues from the start."
Locke's stand last week came as another bitter pill for the state's congressional delegation in both chambers, with other calls besides Brown's to take the matter outside the Commerce Department.
"A culture of 'no' has taken hold of the Department of Commerce," said Congressman John Tierney, whose 6th Congressional District includes Gloucester, all of Cape Ann and much of the North Shore. "I will be taking this matter directly to the White House and feel certain a number of my colleagues will join the fight."
Tarr said Sunday he'd like to see a broad coalition of lawmakers on both levels get behind Brown's call.
"I'm glad to hear Sen. Brown mention this (independent investigation and prosecutor), and this is certainly the time to push for this," said Tarr.
"It's beyond that," he said. "It's past that time."Read More ...
0 comments:
Post a Comment