NOAA's change in an "innocent until proven guilty" model for civil enforcement actions is a positive step, but it does nothing to address the most grave and pressing issue facing northeastern fishermen: the prospect of new regulations idling boats by midyear and putting untold scores of fishermen out of work.
The National Oceanic and Atmospheric Administration announced Thursday that it will change its enforcement procedures. Going forward, NOAA will shoulder the burden of justifying a civil penalty or permit sanction in cases before an administrative law judge.
It's about time. These aren't speeding tickets. People's livelihoods are on the line.
For something of this magnitude, surely the burden of proof should be on the accuser.
Still, the step was a bold and unusual one for a NOAA administrator. It shows good faith on the part of Administrator Jane Lubchenco, although as U.S. Rep. Barney Frank suggested, some past cases might warrant retroactive review, something NOAA has not indicated it will do.
The agency has known for some time that there might be a problem with enforcement in New England. Lubchenco ordered a review of enforcement last spring in response to complaints from fishermen who said they were targeted for arbitrary and excessive fines.
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