NOAA is revamping its fishery enforcement methods after a scathing report by the Commerce Department's inspector general, but the agency is not revisiting past cases for prosecutorial abuse, NOAA chief counsel Lois Schiffer told The Standard-Times Thursday.
Perhaps the biggest change was announced by National Oceanic and Atmospheric Administration Administrator Jane Lubchenco in a press release: In cases before an administrative law judge, the burden of proof in cases of alleged fishery lawbreaking will shift away from the alleged violator and to the government.
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U.S. Sen. John F. Kerry, D-Mass., expressed disappointment in her announcement. "It's an important first step but the key word is first, not last. Obviously we're disappointed that NOAA hasn't yet stopped the prosecutions of our fishermen and has taken no action against their chief enforcement officer for actions that badly hurt trust in the community. We'll keep at this."
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U.S. Attorney General Eric Holder did it with the unfair prosecution of former U.S. Sen. Ted Stevens, R-Alaska, overturning his ethics conviction, and NOAA ought to be willing to do that now, Frank said. "I'm working with Senator Kerry on this. We've got to look at least some of these cases."
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20100319/NEWS/3190322The article says Kerry is meeting with Lubchenco in Boston on Monday. I love Barney Frank's comment. from the earlier articles,
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=273x163946 , it looks like Kerry's defense of the administration didn't get his views on these prosecutions heard -- at least as of this point.