DAN'S PAPERS, July 23, 2010 Page 49 www.danshamptons.com
BUSINESS Givin’ You the
Corrupt Agency Fishes for Dollars
By T.J. Clemente Just imagine you’re out on the waters trying to catch enough fish to pay for the fuel you burn nad the men on the crew, and put a few bucks into your wallet. You’re trying to do this while, it seems, government agencies are trying to dream up ways to your goal impossible. By creating unrealistic quotas and shortening fishing seasons, it seems the state and the feds are just waiting around, ready to pounce on the commercial fisherman with restrictions and fines. Well, just as the economy has turned soft and the stock market is stuck in a see saw pattern, shocking news comes out from the U.S. Inspector General’s Office based on a national investigation that began one year ago, centering in Gloucester and elsewhere in Massachusetts. What were some of the findings? Reportedly, the National Oceanic and Atmospheric Administration (NOAA), specifically the fisheries law enforcement division, used fines in an unrecorded account to fuel extravagant purchases and foreign travel, according to a forensic audit made public by the office of the U.S. Inspector General. When the investigation was moving into high gear, the reports came in about the paper shredding of documents to conceal the nature of the discrepancies that may have occurred at NOAA. For example, what may have been recorded as only $8.5 million in fines over a four-and-a-half year period starting in 2005, may have actually involved a startling $96 million that was used to fund extravagant purchases that bypassed internal review. The report of the audit was staggering, showing the purchase of yachts, spending on overseas conventions that topped the six-figure mark, and NOAA police purchasing more vehicles than necessary fo the number of officers (202 vehicles for 172 officers). An old neighbor of mine from Montauk said, “Having lived in Montauk and having watched fisherman head out in sub freezing temperatures on iced over vessels to go to work, then hearing these reports make me want to throw up.” A voice from the corner of Liar’s Saloon, a place where fishermen congregate before and after days-long commercial fishing excursions, said it best, “If I break the law, they take my boat, fine me, ruin me. What are they getting? A memo?” He had a point, one reportedly echoed by attorney Stephen Ouellette, who maintains an Atlantic Coast fishing and maritime practice and was quoted as saying, “My question is, why are these people not in jail?” Gloucester Seafood Display Auction defense attorney Paul Muniz reportedly hit the nail right on the head when he said, “This latest in a series of reports by the Inspector General appears to be yet another vindication of allegations the industry has been making for several years—namely, that NOAA enforcement agents and general counsel are perversely incentivized to seek fines and forfeitures grossly disproportionate to relatively minor or technical violations of complex and ever changing regulations.” Now, Congressional hearings are scheduled to be held about the auditors’ reports, the document shredding and lastly, the overall integrity of the program. But what we are getting is bureaucrat-
ic double talk. NOAA Fisheries Chief Administrator Jane Lubchenco announced after the IG’s preliminary report of police abuses that there would be no looking back or effort to rectify past miscarriages of justice. Sort of unbelievable, but it gets even better. Her agency released a statement concerning this matter that states, and I quote, the agency “expected this review, appreciates the level of detail it provides and is evaluating the data and results carefully … Based upon the earlier IG input and public feedback, NOAA has already taken action to improve policies, man-
agement processes and internal controls of the fund.” So of course Congress is now looking into this matter. Congressman John Tierney, while introducing new legislation to curb the abuses, released this statement, “We received further evidence of the NOAA’s misuse of authority. It is essential that we end this culture of no accountability at NOAA and take the appropriate steps to ensure fairness and economic stability for our fishing community.” Madeleine Bordallo of Guam, who chairs a (continued on page 54)
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