June 12, 2009 05:55 am The federal Department of Commerce seems poised to dive into a long-overdue, requested investigation into the enforcement of fishing regulations in the northeast. But this is also not the time to expand the investigation's focus to include National Marine Fisheries Service enforcement tactics across the entire nation. That would simply delay the probe and water it down. So it was especially good to hear that, as the IG's office sorts out its charge, the office itself is "independent" and does not feel bound by the investigation requests from congressional leaders, and the head of NMFS' parent National Oceanic and Atmospheric Administration herself. State legislators and the Massachusetts congressional delegation have both asked the inspector general of the federal Department of Commerce to investigate complaints of "overzealous and intimidating enforcement practices and vindictive behavior" in the state's waters by federal fishery investigators and prosecutors. But as the IG began planning this week to investigate those enforcement practices, new NOAA chief Jane Lubchenco, suggested that the investigation should not focus only on the northeast, but on the entire national fishing industry. Fortunately, the IG does not have to comply with Lubchenco's request — and it should not, for several reasons. First, the subject of the investigation — the regulatory enforcement arm of NOAA — should not be allowed to dictate the scope of it. While the IG should certainly consider Lubchenco's request, it should not allow anything to undermine the focus that prompted an investigation in the first place. Just as important is that fishermen, businesses and elected officials have presented a list of specifics for the IG to investigate. Those allegations should take priority, and both sides deserve an objective look at whether the complaints have merit. Indeed, from the history, it looks like the regional fishing industry has a very good case to make. In 2004, NOAA sought a $120,000 fine and a 90-day shutdown against the Gloucester Seafood Display Auction for brokering all of 75 pounds of allegedly illegal fish on one day. That's a $1,600 fine and more than a full day's shutdown for every pound. Fortunately, that penalty has never been imposed. One judge threw the case out, and after NOAA appealed, a second judge upheld the finding, but imposed minimal fines and closing. The case is now on appeal from both sides in the federal court system. But the auction is now the target of another, 59-count complaint by NOAA, which is seeking fines of more than $300,000 plus a 120-day shutdown. That's another case that deserves a hard look by objective observers _ and that doesn't count the number of times fishermen have been boarded and hit with major fines for relatively minor infractions of confusing and vague regulations. If Lubchenco wants a national investigation, she can push for it after the regional one is completed. But if she's serious about mending the admittedly "dysfunctional" relationship between NOAA and NMFS and New England fishermen, a specific, independent probe into their specific local complaints is a good place to start. Let's hope the IG's office chooses independently to follow that course.
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