BOSTON – July 21, 2011 — Today, Congressman Barney Frank, and a bipartisan group including 12 other Members of the House of Representatives, introduced the Asset Forfeiture Fund Reform and Distribution Act. The bipartisan legislation is cosponsored by Congressman Walter Jones, Congressman John Tierney, Congressman Frank Guinta, Congressman Ed Markey, Congresswoman Chellie Pingree, Congressman Steven Lynch, Congressman Joe Courtney, Congressman Michael Michaud, Congressman Mike McIntyre, Congressman Frank Pallone and Congressman James McGovern.
The legislation will compensate and protect the fishing industry from excessive fines, reform the Asset Forfeiture Fund, and increase the role of the states in providing scientific research.
“This bill is part of our coordinated effort to reform our fishing laws,” said Congressman Frank. “It follows our successful work to amend the Magnuson-Stevens Act regarding the US-Canada transboundary issue, which resulted in a significant increase in the yellowtail quota and thereby freeing up the ability to catch other species. This bill will convert the Asset Forfeiture Fund from an incentive to mistreat fishermen into a resource for improving the quality of fishing by funding regional fisheries research.”
The first part of the bill modeled after Senator Kerry’s legislation, the Fisheries Fee Fairness Act of 2011, would use funds from the Asset Forfeiture Fund (AFF), which typically funds NOAA’s enforcement operation but has been subject to mismanagement and abuse for years. The provision would reimburse the legal fees and costs incurred by fishermen and businesses whose fines were remitted by the Secretary of Commerce at the recommendation of Special Master Swartwood.
In a radio interview on the WBSM Saving Seafood hour, Congressman Frank described the legislation as compatible with Senator Scott Brown's recently introduced bill reforming the Asset Forfeiture Fund, which he also supports.
The remaining funds and all fines collected by September 30th, 2011 in the AFF will then be distributed to NOAA and the states per an 80/20 distribution, with 80% going to NOAA for high priority stock assessments and 20% percent to the states for research and other purposes as outlined in the bill.
Currently, although all fish stock allocation limits are determined by using “best available science,” many (of) NOAA‘s stock assessments are outdated. This funding provided by the legislation will allow the Agency to conduct several pressing studies. Additionally, the 20% distribution to states will provide vital seed funding for smaller local and regional research projects. States will be able to partner with universities to perform cooperative research and other activities.
The bill also permanently removes the agency’s incentive to institute higher fines by mandating that all future AFF funds collected on October 1st, 2011 and beyond be used solely for state research, and it also provides a small stream of funding for local research projects.
Finally, the bill orders NOAA to reassign its Administrative Law Judges (ALJ) in the various Council Regions after a five-year period. They may accomplish this by either moving an ALJ into another region or hiring an ALJ from another Agency. This provision will ensure that ALJs will be independent arbiters, and prevent long-term working histories with prosecutors.
Department of Commerce Inspector General Zinser’s report cited testimony from a fisherman stating that "I was fined by [the senior GCEL attorney] $27,000 and I called [my attorney]. As time went on, [the senior GCEL attorney] said that 'if you don't pay the $27,000 right now, if you want to go in front of one of my judges, you'll be paying $120,000 to $140,000.' I settled for $25,000 bucks. I was scared to death. They wouldn't give me the boat back. I couldn't get the boat back to fish and make payments until I paid the fine."