Nineteen Massachusetts state legislators accuse NMFS and NOAA enforcement of "overzealous and heavy-handed actions" and ask for an investigation. Nineteen Massachusetts state legislators — including the Speaker of the House and the President of the Senate — wrote to Senators Kennedy and Kerry and Congressmen Tierney, Delahunt, and Frank to express their "frustration and disappointment" with the Enforcement Division of NOAA and NMFS.
They accuse NMFS and NOAA enforcement of "overzealous and heavy-handed actions" and ask for an investigation of enforcement practices by the U.S. Inspector general.
They state that although the industry has offered to work with NMFS, instead NMFS demeans and harasses the industry. They observed that NMFS and NOAA enforcement have become greater threats to the industry than regulation or the state of the fishery.
They observed that statues, which allow NMFS and NOAA to retain collected fines, encourage this behavior, and that rules of administrative procedure allow "for prosecutorial presumptions that do not ensure a fair and impartial hearing."
They expressed concern about:
– Overzealous and intimidating enforcement practices;
– Vindictive behavior;
– Coercion to forfeit trips before charges are issued;
– Fishermen urged not to seek legal counsel;
– Fishermen charged with obstruction of justice when they seek legal counsel;
– Fishermen informed that their cases would become more difficult if they seek legal counsel;
– High fines without the justification of clear intended infractions.
If you have experienced any of the behaviors cited by the legislators please contact us.
Please contact your elected officials to express your thoughts on the accusations and the request of these Massachusetts legislators.
Please forward this information to your colleagues, suppliers, and customers in other states, and ask them to contact their elected officials as well.
Additional information, a copy of the letter, and a link to help you find contact information for all of your elected officials is available on the SavingSeafood.org website at https://www.savingseafood.org/state-capitals/lawmakers-urge-feds-look-at-nmfs-representatives-of-fishing-ports-question-enforcement-ac-4.html