Acting upon the complaints of fishermen in the Northeast the US Commerce Department came down heavily on NOAA for arbitrary and unfair enforcement of the fisheries laws. The US Commerce Department inspector general described NOAA as an agency that lacks organization, guidelines and oversight, in which criminal investigators handle non-criminal infractions, dealing out heavy fines without consistency and without review.
In her press communiqué Jane Lubchenko, administrator of the National Oceanic and Atmospheric Administration (NOAA), said that the agency has directed the enforcement and legal offices to take steps to promote greater transparency in law enforcement, ensure fairness in penalties and improve lines of communication with commercial and recreational fishermen.
The complaints report states that of OLE’s enforcement work force of 164 personnel, only 15 are uniformed officers — none of whom are in the Northeast region. There are also indications in the record that this work force composition was driven by considerations of the better pay and benefits that apply to federal criminal investigators rather than by strict mission requirements.
According to the inspector general the data management within NOAA is too poor to impede not only the conduct of business but the investigation itself. It is told that the report contains detail of the $8.4 million seized assets fund, regarded by many as a slush fund that creates an incentive for excessive fines and asset seizures by NOAA. The fund, said the report, has never been audited but will now undergo a forensic review.
Ian Bowles, the state’s Energy and Environmental Affairs Secretary, said both he and Gov. Deval Patrick are pleased that Dr. Lubchenco sought this report and is taking action to correct NOAA’s enforcement procedures. For instance Larry Yacubian, a former New Bedford fisherman now running small passenger boats on the Florida coast, was driven out of business after a dispute over an alleged closed area violation in 1998.
