May 2011 MAINE COASTAL NEWS Page 11. Commercial Fishing News
NOAA Assistant Administrator for Fisheries, Eric Schwaab, Addresses Boston Seafood Show
MISCELLANEOUS COMMERCIAL FISHING NEWS
On March 21 at the International Boston Seafood Show, Eric Schwaab delivered an address on key messages and themes telling the story of the progress being made in sustainable seafood in the U.S. and our journey toward ending overfishing and rebuilding stocks — the U.S. fisheries management process is working.
Commerce Secretary Announces Additional Reforms to Overhaul NOAA’s Law Enforcement System
Fishermen and Businesses Can Request Special Master Review of Enforcement Cases, Including Stays of Penalties, Among Other Changes; Will Deploy Economic Assistance Specialists to New England
U.S. Commerce Secretary Gary Locke today announced that he would allow fishermen and businesses until May 6, 2011 to submit complaints about potentially excessive enforcement penalties to the Special Master for review, as well as request stays of their penalties as part of the complaint process. This is part of a series of ongoing improvements to NOAA’s Law Enforcement System. The Secretary and NOAA Administrator Jane Lubchenco also announced policy changes aimed at strengthening, simplifying and improving both the enforcement and regulatory process for fishermen and businesses. The announcement comes on the heels of Locke’s appointment of a Special Master to review enforcement cases, and significant changes implemented by NOAA to policies, procedures and oversight guidelines in response to recommendations from the Commerce Inspector General based on a
Snowe Encouraged by Higher Catch Limits Set for Upcoming Fishing Year
WASHINGTON, D.C. - Senator Olympia J. Snowe, Ranking Member of the Commerce subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, welcomed the final 2011 groundfish fishing rules, which would increase catch limits and access for small-vessel fishermen under the sector- based management system. Senator Snowe said the finalized rules announced by the National Oceanic and Atmospheric Administration (NOAA) - Framework 45 and the Sector Operation Plan - would remove various arbitrary restrictions on allowable catch limits in New England fisheries. “NOAA’s final rule for the 2011 season is encouraging news for our fishermen and coastal communities, who have overcome significant challenges from unnecessarily restrictive catch limits in the past,” said Senator Snowe. “Higher catch limits are appropriate in light of encouraging catch- data from the first year of the sector-based management system, and I will continue working with the administration and our fishermen to ensure this trend continues. It is critical our fisheries management system is based upon the most recent and accurate data possible to ensure the competitiveness of our fishermen and the health of our fish stocks.”
review of the enforcement program he conducted at NOAA’s request last year. “Additional review is necessary to ensure NOAA’s enforcement system is accountable and transparent. As a former prosecutor, I expect our law enforcement program to uphold high standards and maintain the public’s trust,” Locke said. “Recently, Judge Swartwood indicated that reviewing a wider pool of cases would be appropriate. I decided to act immediately. We want to provide those fishermen who believe they have been wronged with an opportunity to have their complaints heard.” The additional enforcement reforms taken by Secretary Locke and NOAA include: Opening an appeal window to allow fisherman and businesses that wish to come forward to submit a complaint to the Special Master. Allowing fishermen and businesses to request a stay of penalty payment as part of the complaint process. Issuing a new nationwide penalty policy that provides consistency and greater transparency on the assessment of penalties and permit sanctions throughout the country. Finalizing the Asset Forfeiture Fund (AFF) Use Policy that greatly restricts the uses of the Fund in order to ensure there is no conflict of interest – real or perceived – with the use of the Fund. Launching an independent audit of the AFF that will include a targeted review of transactions going back to 2004 to determine if there was fraud or other illegal activity. Working with fishery councils, fishermen and stakeholders to streamline and simplify fishing regulations.
“We are committed to sustaining and growing fishing jobs, which are the lifeblood of so many of our coastal communities. The reforms put in place thus far and announced today are vital to ensuring the fair and
effective enforcement we all need to succeed,” said Dr. Jane Lubchenco, Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator. Open Review Window
In order to ensure that any claims of possible excessive penalties are heard by an impartial party, Secretary Locke is allowing fishermen and businesses to submit their complaints to the Special Master, who will determine if cases are eligible for his review. All complaints must be postmarked by May 6, 2011. To be eligible, the Notice of Violation and Assessment (NOVA) must have been issued on or after March 17, 1994; settled or otherwise resolved before February 3, 2010; and a civil penalty must have been paid. In addition, the person making the complaint must certify the alleged facts are true. Cases are not eligible for review if they were decided by a federal district court judge, or are currently pending before for an Administrative Law Judge or the NOAA Administrator. The Special Master will review cases that meet the criteria and make recommendations to Secretary Locke regarding whether the civil penalties imposed and paid in those cases should be remitted or modified.
Penalty Stay
As part of the complaint process, fishermen can request to have the Special Master recommend whether payment of the penalty should be stayed while their case is
under review. In addition, Secretary Locke has stayed the currently penalty obligations of those complainants whose cases have been under review and had requested a stay. Final Penalty Policy
The final Penalty Policy ensures that there is a more consistent standard for assessing penalties for violations, and greater transparency and clarity for the regulated community. The policy addressed the problems identified by the Commerce Inspector General by establishing one penalty and permit sanction matrix for each major statute that NOAA enforces, to be applied nationally, with narrower penalty and permit sanction ranges. This simplified approach provides NOAA attorneys with greater guidance in recommending penalties, and assures fairness and consistency of approach across NOAA statutes, across fisheries, and across the country. Further, the basis for penalties calculated under the policy will be included in charging documents filed by NOAA. This final policy will be applied to cases charged effective today.
Asset Forfeiture Fund (AFF) Use Policy The final policy limits the ways NOAA’s enforcement programs – both the Office of Law Enforcement and the Office of General Counsel for Enforcement and Litigation – can use money from the AFF that holds
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