The Gloucester Seafood Display Auction, preparing to defend itself against a massive illegal fish-brokering accusation, has won a major legal victory, with federal fishery prosecutors ordered to turn over several disputed documents as part of the discovery process.
Among the documents the National Oceanic and Atmospheric Administration has been ordered to produce is an April 28, 1999, letter that informs the auction it cannot be prosecuted for "violations by fishermen" unless there is a conspiracy or the auction "commits a separate violation."
For that reason, the policy letter from NOAA’s then-special agent in charge, Richard C. Livingston, states that the auction did not need a "hold harmless" indemnification in the "normal course of business."