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Commercial Fisheries News
Volume 37 Number 8
April 2010
Anger spikes over fisheries enforcement allegations
WASHINGTON, DC - Reverberations from a report critical of federal fisheries law enforcement practices, particularly in the Northeast, reached explosive levels in early March as allegations of misconduct caught the attention of more and more members of Congress.
Several congressional subcommittees held hearings to learn more about the report’s findings from its author, Commerce Department Inspector General (IG) Todd Zinser, and to demand answers from National Oceanic and Atmospheric Administration (NOAA) Director Jane Lubchenco and National Marine Fisheries Service (NMFS) Office of Law Enforcement Director Dale Jones (see story page 12B).
During a hearing held by the House Subcommittee on Insular Affairs, Oceans, and Wildlife on March 3, Zinser confirmed allegations that Jones initiated and authorized the destruction of documents knowing that his office was under investigation.
Questions also have been raised over Jones’ inappropriate use of money from the agency’s Asset Forfeiture Fund to pay for non-case related travel. The fund holds fines imposed by NOAA and paid by fishermen and fishing businesses.
These revelations supercharged the already stinging criticism of the NOAA/NMFS fisheries law enforcement system, under which NMFS officers investigate infractions and NOAA attorneys file charges, levy penalties, and prosecute cases.
“As the top cop at NOAA and a long-time investigator himself, Dale Jones must be acutely aware that shredding documents during a federal investigation raises serious questions about his commitment to a full and fair look at all the facts,” said insular affairs subcommittee Chairman Madeleine Bordallo (D-GU). “At a time when transparency and accountability in the way our government operates is of utmost importance, this type of behavior cannot be condoned.”
Ouster
With these remarks, Bordallo became one of a number of members of Congress calling for Jones’ ouster. In a joint announcement on March 4, US Sen. John Kerry (D-MA) and US Reps. Barney Frank, John Tierney, and Bill Delahunt, all Massachusetts Democrats, said Jones should step down.
“I have repeatedly questioned Mr. Jones’ leadership capabilities. We need a whole reorganization from Mr. Jones down,” said Tierney. “Our fishing families do not deserve to be treated like common criminals as they have been on Mr. Jones’ watch.”
The four Massachusetts lawmakers had previously requested that NOAA delay all prosecutions against fishermen working in the Northeast, arguing that prosecution actions “may be tainted by actual or perceived problems” with the NOAA/NMFS enforcement system.
Also on March 4, US Rep. Walter B. Jones (D-NC) and US Rep. Mike McIntyre (D-NC) both called for Jones to resign and for NOAA to stop prosecutions until the problems identified in the IG’s report are resolved.
“It is infuriating to hear that NOAA’s top cop was allegedly engaging in potentially criminal efforts to obstruct the IG from uncovering the truth about the rampant mismanagement of federal fisheries law enforcement during his tenure,” Rep. Jones said.
NOAA response
As of mid-March, Lubchenco continued to resist demands that she remove Jones from his post. On March 18, however, she outlined the specific steps that NOAA had both taken and intended to take to address concerns raised in the IG’s preliminary report.
Steps already taken included:
• Transferring oversight of the Asset Forfeiture Fund from the NMFS Office of Law Enforcement;
• Freezing the hiring of criminal investigators until a work force analysis is completed and approved by Lubchenco to determine the appropriate mix of criminal investigators and civil enforcement officers;
• Requiring high-level review of all proposed charges for alleged violations and of all settlements by the NOAA Office of General Counsel; and
• Filing a rule to place the burden of justifying a particular civil penalty or permit sanction on NOAA rather than on the fishermen or fishing companies being prosecuted in cases that go before administrative law judges.
Lubchenco also announced specific actions that NOAA intended to take, including:
• Developing a new penalty policy with a revision of the penalty and permit sanction schedules;
• Reviewing and revising NOAA/NMFS general counsel and law enforcement manuals; and
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Developing a communications plan to provide greater outreach to fishermen, fishing communities, and other stakeholders.
Lorelei Stevens
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