Written by Jen Finn
The special investigator commissioned by the Department of Commerce has concluded that the same two attorneys in NOAA's Gloucester office who extracted an excessive settlement from a New Bedford scallop fishing business owner in 2005 did the same thing years earlier to a pair of New Bedford fish processors using coercive methods "with an intention to intimidate."
A detailed narrative of how NOAA's Gloucester-based enforcement and litigation attorneys Charles R. "Chuck" Juliand and James "Mitch" MacDonald improperly manipulated the system of fisheries enforcement law to drive Thomas R. F. Riley and his partner, Dennis Saluti, in Sea Rich Seafoods and another company to pay a $1 million cash penalty plus the loss of business licenses and fishing permits for what were found to be exaggerated charges is detailed in the 554-page report to the acting commerce secretary by special investigator Charles B. Swartwood III.
In releasing a redacted version of Swartwood's second set of case studies into allegations of NOAA Fisheries law enforcement excesses, Acting Commerce Secretary Rebecca Blank on Dec. 14 made reparations to Riley and Saluti of $373,500, the amount recommended by Swartwood.
According to the report, the abuse and manipulation of the law in the prosecution of the Sea Rich case occurred in 1997. But Riley and Saluti's complaint of proprietorial misconduct came to light only with the decision by then Commerce Secretary Gary Locke, based on Swartwood's initial report in May 2011, to commission an additional study of industry complaints that NOAA law enforcers harassed and intimidated fishermen and shore-side businesses.
Read the full story at the Gloucester Daily Times>>
National Fisherman Live: 3/10/15
In this episode, Online Editor Leslie Taylor talks with Mike McLouglin, vice president of Dunlop Industrial and Protective Footwear.
National Fisherman Live: 2/24/15
In this episode:
March date set for disaster aid dispersal
Oregon LNG project could disrupt fishing
NOAA tweaks gear marking requirement
N.C. launches first commercial/recreational dock
Spiny lobster traps limits not well received
NMFS announced two changes in regulations that apply to federal fishing permit holders starting Aug. 26.
First, they have eliminated the requirement for vessel owners to submit “did not fish” reports for the months or weeks when their vessel was not fishing.
Some of the restrictions for upgrading vessels listed on federal fishing permits have also been removed.Read more...
Alaskans will meet with British Columbia’s Minister of Energy and Mines, Bill Bennett, when he visits Juneau next week and will ask him to support an international review of mine developments in northwest British Columbia, upstream from Southeast Alaska along the Taku, Stikine and Unuk transboundary rivers.
Some Alaska fishing and environmental groups believe an international review is the best way to develop specific, binding commitments to ensure clean water, salmon, jobs and traditional and customary practices are not harmed by British Columbia mines and that adequate financial assurances are in place up front to cover long-term monitoring and compensation for damages.Read more...