Senators John Kerry and Scott Brown, together with Congressmen Barney Frank, John Tierney and William Delahunt has writted to Dr. Jane Lubchenco, Administrator of the National Oceanic and Atmospheric Administration (NOAA), urging her to delay prosecutions of fishermen working in the Northeast.
The lawmakers argue that the prosecutions, stemming from NOAA enforcement actions last month, may be tainted by the actual or perceived problems with the Office for Law Enforcement and the Office of General Counsel for Enforcement and Litigation.
“Our hardworking fishermen work their hearts out in tough jobs to support their families. They deserve the benefit of the doubt just like every American does. The least we can do is take a deep breath and wait until the Office of the Inspector General can clear up any and all discrepancies in penalties, fines and enforcement procedures. We’re simply asking that the office put a hold on these cases until we can determine exactly what went wrong,” said Senator Kerry.
“I am glad to join my colleagues on this effort to place all pending NOAA enforcement cases on hold until a comprehensive investigation is completed,” said Congressman Frank. “I welcome the increasing recognition that environmental sensitivity need not result in unfairness to fishermen.”
“Given the results of the recent IG Report, it is clear that a delay in prosecuting NOAA enforcement actions against local fishermen is warranted. I look forward to continuing to work with Senator Kerry and my House colleagues to conduct rigorous oversight and press for any necessary reforms so that fishermen in Gloucester and elsewhere across the Commonwealth are treated fairly and appropriately,” said Congressman John F. Tierney (D-MA).
“Given what we've learned about serious problems with NOAA's fishing enforcement operations, it would be unfair to continue to prosecute fishermen until the concerns are addressed and a clear enforcement process is in place," said Congressman Delahunt.
The text of the letter is as follows:
February 23, 2010
The Honorable Jane Lubchenco
Administrator
National Oceanic and Atmospheric Administration
Herbert Clark Hoover Building, Room 5128
14th Street and Constitution Avenue, NW
Washington, DC 20230
Dear Administrator Lubchenco:
We write to respectfully appeal for a delay in active prosecutions, stemming from the National Oceanic and Atmospheric Administration (NOAA) enforcement actions, against fishermen in the Northeast, as they may be tainted by the actual or perceived problems with the Office for Law Enforcement (OLE) and the Office of General Counsel for Enforcement and Litigation (GCEL).
Given the disquieting findings of the January 2010 Department of Commerce Office of the Inspector General’s (OIG) review of the practices of the OLE within the National Marine Fisheries Service (NMFS), along with the NOAA’s GCEL, a hold on these cases seems warranted.
As you are aware, the OIG report found troubling discrepancies in enforcement, fines, and penalties by OLE and GCEL. We are grateful that your office has taken a leadership role on this issue with your follow-up directives of February 3, 2010, but hope immediate action may be taken on the pending enforcement cases.
In the interest of fairness and transparency, we respectfully request that you immediately place all pending enforcement cases on hold until further investigation by your office and the OIG.
Sincerely,
Senator John Kerry
Senator Scott Brown
Congressman Barney Frank
Congressman John Tierney
Congressman William Delahunt
Read the original letter to Lubchenco here.