Among the concessions from NThe U.S. Department of Commerce has formally announced a series of steps that will allow the alleged victims of excessive fisheries law enforcement actions a new recourse for appeal.
Speaking in teleconference from Washington this afternoon, Commerce Secretary Gary Locke and National Oceanic and Atmospheric Administration chief Jane Lubchenco also announced plans to undertake a deeper probe into the scandalized fund of fines paid to NOAA by fishermen, most notably in Glocuester and around New England.OAA and the Commerce Department are authorizing and funding a forensic audit of NOAA's Asset Forfeiture Fund back to 2004, that's with eye toward determining how NOAA's office of law enforcement and its litigation team worked through close to $50 million in fines paid by fishermen and the industry.
The Commerce Department's inspector general conducted a six-month national investigation in 2009 and issued a series of reports last year that found the fund had been used as a group debit card, used to purchase a fleet of more vehicles than NOAA had agents, a luxury speed boat and foreign travel to exotic locations for conventions unrelated to cases.
Dale J. Jones, who had been the director of law enforcement, was removed from his position, but remains on the NOAA payroll after being reassigned to Gulf cleanup duties.
IG Todd Zinser also found that the abuses of the law enforcement department were concentrated in the Gloucester regional office of NOAA, which polices federal waters from Maine through the Carolinas.
The sources said Locke would also open a 51-day window to allow targets of law enforcement actions to file appeals to a special master, who has been reviewing the most egregious cases uncovered by the IG.
Locke is also expected to allow Special Master Charles B. Swartwood III to stay penalties in cases under his investigation at his discretion pending his final report which is expected in April
U.S. Sen. John and Congressman John Tierney reacted positively to the announcement, even prior to the formal declarations.
“Today’s anticipated announcement is welcomed news for the fishing community in my district and across the Commonwealth," Tierney said in a prepared statement. "For some time, I have been advocating for the Secretary to address these issues, specifically relating to higher fines, enforcement cases and the appropriate use of the monies within the Asset Forfeiture Fund.
"By taking these steps," Tierney continued, "the department is showing a commitment to promoting accountability and ensuring fairness. I will continue to work with my colleagues and the Department to ensure the appropriate implementation of these new policies, procedures and regulations.”
Kerry's office, meanwhile, confirmed the expected announcement by Locke's office and said Kerry was "grateful" at the secretary's start at righting economic and law enforcement wrongs against the fishing community.
Kerry said was his understanding of the commitment is that "NOAA will make changes to ensure our fishermen will never again have to deal with intimidation from federal regulators."
"This is a first step but an important one and the hard work continues," Kerry said. "Our fishermen have a deep hole to dig out of just to survive, and they desperately need the government at all levels to help them dig. Today the Commerce Department picked up the shovel. Many more actions are needed."
Locke and Lubchenco have now announced planms for a mid-afternoon teleconference to announce the changes.
Both initiatives, along with the decision last year to use a master to investigate into miscarriages of justice that needed remediation, essentially reverse the initial decision by Lubchenco to attempt to reform the system without looking back.
The investigation of law enforcement abuses against the fishing industry began in Gloucester in 2009 after NOAA had lanuched a massive 51 count case against the Gloucester Seafood Display Auction in February 2009.
Lubchenco, acting as an appellate judge in the administrative law system, upheld a judgment against the Gloucester auction house in an earlier case, which was later used by the then agent in charge of the Gloucester regional office to promulgate a public relations campaign claiming falsely that the auction would be closed for violating a condition in the previous settlement.
U.S. District Judge Douglas Woodlock chastised the then agent, Andrew Cohen, for attempting to impose a penalty in a case that was on appeal — before Woodlock.
Cohen resigned last year while NOAA was purporting to investigate whether his use of his government issue cell phone to conduct telephone auction business of private property violated any federal law or rule.
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Richard Gaines can be reached at 978-283-7000, x3464, or at rgaines@gloucestertimes.com.
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