During a break at the NOAA Enforcement Summit, Saving Seafood Executive Director Bob Vanasse spoke briefly with NMFS Director Eric Schwaab and asked this question and a follow-up regarding past cases.
SAVING SEAFOOD: What does NOAA say to those who ask: “I was one of the people the Inspector General was talking about when he said Northeastern fishermen were fined twice as often and twice as much as others. My assets were seized and now we know what happened to those assets. NOAA General Counsel Lois Scheffer said in a memo, “We’re not going to look back at past cases” but if someone was wronged, how do you make it right without looking back?
ERIC SCHWAAB: There are two parts to the answer to that question; the first is specifically related to past cases. To date there has not been any specific indication from the IG about a case that we should be looking back at. Although we do anticipate a follow up report, as we have gotten two other follow up reports, to a number of cases that the IG has indicated an intent to look back and review. And we’ll deal with that report, as we have with all the other reports, when we receive it.
The second part about the asset forfeiture fund, as we heard Dr. Lubchenco say this morning and as she has responded strongly to the reports specifically to operations of the asset forfeiture fund, is that there are problems that have been identified in the way that we have managed, accounted for, and overseen expenditures. Dr. Lubchenco earlier this week responded in a very strong fashion with some very positive steps related to future accountability of and controls over expenditures of that fund.
So we will be dealing directly and explicitly with the fund going forward and we will be dealing with any other information that we receive from the Inspector general related to past cases when and if we get that information.
SAVING SEAFOOD: So if the Inspector General finds that there are past cases that need to be reviewed, you are open to that happening?
ERIC SCHWAAB: It’s a bit speculative what we would get from the IG at this point, all I can say is that we received the initial report that we responded to strongly, and today’s summit is an important part of that response. We received a follow up on the retention of documents issue, and we responded strongly and affirmatively to actions associated with that. We have just this week responded strongly and swiftly to concerns about the asset forfeiture fund, and we do know that the IG may be providing us with additional information related to a specific set of past cases and we will respond to that report when we receive it.