Decision in LI fishing fine case under fire

Long Island commercial fishing advocates Wednesday blasted a decision by the U.S. Commerce secretary to sharply limit a review of cases where fishermen say they were hit with excessive fines after the government's admittedly heavy-handed enforcement actions.

Commerce Secretary Gary Locke, in a memo last week, said he sought "finality" in drawing a line on the review of cases of fishermen forced to pay fines of hundreds of thousands of dollars for first-time or minor violations.

Fishermen, wholesalers and U.S. Sen. Charles Schumer urged Locke to reconsider his decision, saying excessive enforcement and fines over more than a decade devastated lives and drove some fishermen off the water.

Bonnie Brady, executive director of the Long Island Commercial Fishing Association, said Locke's decision denies local fishermen "closure."

"You need to look back at the past in order to move forward," she said, adding that denying them right to review bolsters the perception that the system is corrupt. "Bottom line: The fix is in."

Last year, the inspector general for the Commerce Department found: Federal fisheries lawyers and enforcement officers abused their power in prosecuting fishermen and dealers, largely in the Northeast; cases of excessive fines and prosecutions all but mandated costly settlements; and officers misused a forfeiture fund of fishing fines to buy unauthorized cars, boats and pay for international travel.

At the time, Locke said, "The problems identified by the inspector general are unacceptable, were allowed to persist for too long and will end on my watch."

In his Jan. 25 memorandum, Locke drew the line on reviewing new cases not previously brought to the inspector general, or cases that went through federal courts. Locke explained, "The importance of finality warrants placing reasonable bounds on the cases that are eligible for review."

Fishermen disagreed.

"They're refusing to take responsibility for their actions," said Mark Agger, owner of Agger Fish Co., in Brooklyn, who is still paying the balance of a $750,000 fine for the 2006 settlement of a lapsed shark product permit.

Schumer, in a letter to Locke Wednesday, denounced the decision as "unacceptable," saying some fishermen didn't give testimony in the probe because they feared reprisal.

"The fact that these fishermen felt intimidated is not surprising given the findings of your own [inspector general's] report," Schumer wrote. ". . . It is imperative that these cases be reviewed."

Added Freeport fisherman Charlie Wertz, "They should give back those excessive fines. That would be the right thing to do."

But one local case has seen such a settlement. Northport fisherman Tom Kokell, who was hit with a $120,000 fine and a license suspension for overfishing fluke in 2007, was told the balance of his fine would be forgiven. "I was shocked," said Kokell, who has begun fishing again.