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Coast Guard Courts stacked against civilian mariners

Internal memos showed judge told others how to rule, pressured by CG

Mariners have won just 14 cases out of more than 6,300 charges filed by CG investigators since 1999

BALTIMORE (AP)--Decisions by judges in the Coast Guard's administrative court system almost always favor the agency over civilian mariners, according to a newspaper's review of court records and other documents. One former judge testified that judges were pressured to side with the Coast Guard, The Sun of Baltimore reported June 24.

The agency's administrative court system handles charges against tugboat captains, engineers, charter captains and others who need licenses or other documents from the Coast Guard to work. The harshest penalty in the system is revocation of those credentials.

Mariners have won just 14 cases out of more than 6,300 charges filed by Coast Guard investigators since 1999, when the agency restructured its judicial system to broaden defendant's rights, the paper said it found through a computer analysis of court records.

In a sworn statement, Judge Jeffie J. Massey has testified that Chief Judge Joseph N. Ingolia told her to always rule in the Coast Guard's favor, and she said she came under intense pressure when she did not, the newspaper said. "I was specifically told (by Ingolia) that I should always rule for the Coast Guard," Massey said. "He said, 'The Coast Guard are out there keeping our seas safe and we have to do everything we can to support them. They know when to bring these cases and we're just supposed to help them.'"

Ingolia and others in the Baltimore-based Coast Guard administrative law office declined to comment on the advice of the U.S. attorney's office in Louisiana, which is representing them in lawsuits saying that judicial instructions are illegal rule making and obstruction of justice.  The Sun said two internal memos it obtained showed that Ingolia issued private instructions telling other judges how to rule.

Massey, an experienced judge who has held similar positions in other agencies, retired this year.

Ingolia was defended by another former Coast Guard judge,

James Lawson, who said the chief judge never coerced him. "I always found everyone in Baltimore to be courteous and professional," Lawson said. "They were there to help, not to tell me what to do."

�What I did not know was the extent that USCG personnel, and later members of the Chief Judge�s office and the Chief Judge himself, would go to stop me from holding genuine �due process� hearings and rendering impartial decisions,� said Judge Massey. �In thirty years of experience, I have not come close to experiencing the level of arrogance and disrespect for due process that I experienced at the USCG. The environment was saturated with a total disregard for Mariner�s rights.�

Massey added �From Judge Ingolia all the way down to the newest IO, the environment was saturated with a total disregard for Mariner�s rights. My attempts to hold fair and balanced hearings were so foreign to the USCG personnel that they resorted to personal attacks on my courtroom demeanor and repeatedly alleged I was generally biased in the favor of Mariners.�

Sources:

www.military.com/NewsConntent/0,13319,140198,00.html?ESRC=eb.nl

Written Testimony for the House Committee on Coast Guard and Maritime Transportation, July 31, 2007

http://transportation.house.gov/Media/File/Coast%20Guard/20070731/Massey%20testimony.pdf

Printed sources:

www.boston.com/news/nation/articles/2007/06/24/paper_

coast_guard_admin_courts_stacked/

www.newsvine.com/_news/2007/06/24/799745-paper-coast-guard-admin-courts-stacked

http://transportation.house.gov/hearings/Testimony.aspx?TID=1607  

Written Testimony for the House Committee on Coast Guard and Maritime Transportation, July 31, 2007

http://transportation.house.gov/Media/File/Coast%20Guard/20070731/Massey%20testimony.pdf

National Hunting and Fishing Day Sept 22

In 1972 Congress proclaimed that the fourth Saturday of September each year be deemed National Hunting and Fishing Day to thank hunters and anglers for their contributions to conserving and protecting the nation�s natural resources. This year it is on  Saturday, September 22, 2007.

Get Started Fishing 

Do you remember your first fishing or boating trip? Ask anyone to tell the story of who first took them boating or fishing - chances are good the story is deeply personal and meaningful. Over a dozen studies have shown that being with family and friends, relaxing and being outdoors and close to nature are the primary reasons people spend time on the water. A family doesn't have to spend a fortune on a theme park vacation to have an experience that everyone will enjoy. Although your first meeting with Mickey Mouse will probably be memorable, chances are it will pale in comparison to memories of spending time on the water with the people you love.

Time spent fishing and boating connects family and friends. You know how important it is to spend quality time with family and friends. Many of us have seen how outdoor recreation strengthens the family as a unit and children as individuals. So it comes as no surprise that studies have consistently shown that involvement with family members and friends is a primary reason people go boating and fishing.

On the water, there are no cars, no rush hour, no deadlines and a chance to relax. There are news stories every week about the stress and time crunch felt by working Americans and their families. People are searching for ways to escape the daily routine, be closer to nature and focus more on family and relationships. Studies show that people who participate frequently in outdoor recreation are more satisfied with life overall. For a weeklong vacation or just a quiet Saturday morning, recreational fishing and boating are great ways to "get away from it all."

Fishing and boating enhance appreciation for the natural world. Many Americans see outdoor recreation as one of the main reasons to protect the environment. Nearly nine in ten Americans say outdoor recreation benefits the environment because it gives people a reason to care about the resources

upon which their activities depend.

By participating, anglers and boaters provide vital funding.  Fewer than 10 percent of recreational anglers and boaters are aware that their participation plays a vital role in sustaining resources and promoting safe and responsible use of our nation's waters. On average, 83 percent of state fish and wildlife agencies' total freshwater fisheries/aquatic resource management budget is supported by fishing license sales and Sport Fish Restoration funds. These funds are derived from motorboat fuel taxes and a special excise tax on fishing tackle and equipment. Sport Fish Restoration funds also support boater education and safety programs around the country.

Get started hunting

Getting the right introduction to hunting ensures a quality experience and the start to a lifetime of enjoyment. Many hunters receive their first introduction to hunting from family or friends as a tradition passed down from generation to generation. Getting the right introduction to hunting ensures a quality experience and the start to a lifetime of enjoyment. Many hunters receive their first introduction to hunting from family or friends as a tradition passed down from generation to generation.

Hunting is a useful and beneficial wildlife management tool that ensures and maintains the health and abundance of game species and the balance of our natural resources. There are a number of species, from upland birds to big game animals to hunt. Learn more about these species from the game bird and game animal organizations listed at www.huntinfo.org .

Once you have received your hunter education certification, you become part of the largest group of contributors to conservation and wildlife management in America. It's the start to an honored tradition that you too have the opportunity to pass on to the next generation.

For more info: www.nhfday.org/

Map of planned locations/activities: www.nhfday.org/index.php?option=com_content&task=view&id=56&Itemid=75

Weekly Great Lakes Water Levels for August 24, 2007

Weather Conditions

A stubborn frontal system brought several rounds of heavy rainfall to the southern Great Lakes basin this week.  Some locations have picked up rainfall totals near 6 inches since Monday.  More rain is expected Thursday and Friday, before the system finally clears the region. The drought stricken Lake Superior watershed should see some beneficial rainfall late Thursday and into Friday.  Canadian high pressure will build into the Great Lakes for the weekend, leading to sunny skies and cooler, more comfortable temperatures.

Lake Level Conditions

Lake Superior is presently 12 inches below its level of a year ago, while Lakes Michigan-Huron, St. Clair, Erie, and Ontario are 1 to 10 inches lower than last year�s levels.  Lake Superior is predicted to remain at around the same level over the next 30 days. Lake Michigan-Huron is projected to decline two inches, while Lakes St. Clair and Erie are projected to decline six inches over the next month.  Lake Ontario is expected to drop 4 inches over the next month. Each lake is forecasted to be below their water levels of a year ago during the next few months.  

Current Outflows/Channel Conditions

Outflow from the St. Marys River is predicted to be well below average for August. Flows through the St. Clair and Detroit

Rivers are also predicted to be lower than average this month. In addition, flows in the Niagara and St. Lawrence Rivers are expected to be below average as well.

Alerts

Due to abnormally dry conditions on the Lake Superior basin over the last several months, | Lake Superior �s water level is currently below chart datum and is expected to remain below datum over the next six months.  Users of the Great Lakes, connecting channels and St. Lawrence River should keep informed of current conditions before undertaking any activities that could be affected by changing water levels.  Mariners should utilize navigation charts and refer to current water level readings.

Fur Takers of America Fall Convention Sept 29

The Fur Takers of America Fall Convention will be Sept. 29, south of Indianapolis, near Greenwood. Convention features include trapping, predator calling and fur handling programs. 

Hoosier Trapper Supply, east of Greenwood at 1155 N. Mathews Rd, is hosting the convention. More information: www.furtakersofamerica.com/7Bmeeting.htm .

End of summer not the end of Lake Michigan fishing

MADISON -- As the last days of summer draw near and the changing colors of leaves signal the approach of autumn, chinook salmon fishing on Lake Michigan continues to provide a great angling experience for both boaters and shore anglers.

�It�s been a phenomenal season so far for catching chinook,� says Brad Eggold, Department of Natural Resources fisheries supervisor for southern Lake Michigan. �We don�t have the final data yet, but judging from what we�re seeing and hearing, anglers are leaving the waters happy and the chinook continue to keep biting.�

Fish biologists are hopeful that this year follows in the footsteps of 2006, which was extremely successful, bringing in not only larger fish, but the second highest number of fish in 40 years.

Recent fishing tournaments in Sheboygan and Milwaukee brought in 2,900 chinook, which according to Eggold, is a tremendous amount of fish and an encouraging sign that it has been a solid year so far with high numbers of healthy fish being caught, most of which seem relatively healthy.

Over the past few years, chinook have been caught in record numbers, but the smaller size of a lot of those fish was a concern for fish biologists. It appeared that there were possibly too many chinook in Lake Michigan for the forage base to support. In a collaborative effort between Wisconsin, Michigan, Indiana, and Illinois, chinook stocking was decreased lake-wide by 25 percent in 2006 in an attempt to make sure the amount of forage was more evenly balanced per the number of fish.

�It�s interesting, every time we reduce stocking, the fishing actually gets better,� says Eggold. �Past reductions have meant better fishing in Lake Michigan because we were creating a better balance between the available forage and their predators. We hope that the reduction in 2006 will help  assure a great sport fishery by maintaining this delicate

balance between prey and predator.�

Heading out to deeper depths might prove to be more rewarding, according to Paul Peeters, a DNR fisheries supervisor in Sturgeon Bay.

�If you�re looking to catch chinook this time of the year, you often have to be fishing 50 to 60 ft down in more than 100 ft of water,� says Peeters. �Salmon prefer water in the mid 50s, so now that Lake Michigan�s waters have warmed up, you have to fish a little deeper. Find the cold water and you find the fish.�

Many charter boats run through Labor Day and beyond and do quite well, according to Eggold, but when September rolls in, he recommends trolling near the harbor or the river mouth. That�s where the mature, larger chinook start to school before heading up the river to their home grounds to spawn. Conversely, Peeters reminds anglers, there will still be two year classes of chinook that are not maturing, which will remain out in the lake and available for sport trollers offshore.

As autumn rains begin to fall in late September and river and stream waters start to rise, the maturing year class of anxious chinook leave the lake and begin the trip upstream to their spawning grounds, giving shore and stream anglers a great opportunity to reel in their share.

�Although you can always continue to fish out on the lake, the chinook spawning runs provide a unique opportunity for anglers who don�t have a boat, to go out and catch the fish from shore,� says Peeters. �It�s part of their life cycle to go back upstream to spawn, so the fish are basically coming to you.

�Anglers are continuing to catch their bag limits of chinook,� says Eggold. �There�s plenty of time left to have a great year if you haven�t already and possibly catch the �big one� that avid anglers are always hoping for.�

Visit the Lake Michigan fisheries page or the Lake Michigan Chinook Salmon (pdf) for more information on one of Wisconsin�s popular game fish.

Great Lakes coalition applauds Illinois� new water protection law

Michigan version should move in state legislature soon

Illinois became the second of eight Great Lakes states to approve a historic water protection agreement Friday, earning praise from Michigan�s Great Lakes, Great Michigan coalition.

�Illinois is now on record with these landmark water protection rules, and Michigan, with strong legislation pending in the state House of Representatives, is poised to do the same,� said Hugh McDiarmid Jr., spokesman for the coalition. �We look for strong leadership from Gov. Jennifer Granholm and both political parties to put Michigan on record supporting the

Great Lakes Compact and strong state-specific water standards.�

Signed by governors of the eight Great Lakes states in 2005, the Compact prohibits large-scale water diversions and provides a uniform set of binding water use standards for the region. Illinois now joins Minnesota in ratifying the Compact. It must be approved by all eight state legislatures, the U.S. Congress, and signed by the President to take effect.

Michigan has the most to gain from Compact approval, as the only state entirely within the Great Lakes basin, which contains almost 20 % of the world�s fresh surface water.

End of summer not the end of Lake Michigan fishing

MADISON -- As the last days of summer draw near and the changing colors of leaves signal the approach of autumn, chinook salmon fishing on Lake Michigan continues to provide a great angling experience for both boaters and shore anglers.

�It�s been a phenomenal season so far for catching chinook,� says Brad Eggold, Department of Natural Resources fisheries supervisor for southern Lake Michigan. �We don�t have the final data yet, but judging from what we�re seeing and hearing, anglers are leaving the waters happy and the chinook continue to keep biting.�

Fish biologists are hopeful that this year follows in the footsteps of 2006, which was extremely successful, bringing in not only larger fish, but the second highest number of fish in 40 years.

Recent fishing tournaments in Sheboygan and Milwaukee brought in 2,900 chinook, which according to Eggold, is a tremendous amount of fish and an encouraging sign that it has been a solid year so far with high numbers of healthy fish being caught, most of which seem relatively healthy.

Over the past few years, chinook have been caught in record numbers, but the smaller size of a lot of those fish was a concern for fish biologists. It appeared that there were possibly too many chinook in Lake Michigan for the forage base to support. In a collaborative effort between Wisconsin, Michigan, Indiana, and Illinois, chinook stocking was decreased lake-wide by 25 percent in 2006 in an attempt to make sure the amount of forage was more evenly balanced per the number of fish.

�It�s interesting, every time we reduce stocking, the fishing actually gets better,� says Eggold. �Past reductions have meant better fishing in Lake Michigan because we were creating a better balance between the available forage and their predators. We hope that the reduction in 2006 will help  assure a great sport fishery by maintaining this delicate

balance between prey and predator.�

Heading out to deeper depths might prove to be more rewarding, according to Paul Peeters, a DNR fisheries supervisor in Sturgeon Bay.

�If you�re looking to catch chinook this time of the year, you often have to be fishing 50 to 60 ft down in more than 100 ft of water,� says Peeters. �Salmon prefer water in the mid 50s, so now that Lake Michigan�s waters have warmed up, you have to fish a little deeper. Find the cold water and you find the fish.�

Many charter boats run through Labor Day and beyond and do quite well, according to Eggold, but when September rolls in, he recommends trolling near the harbor or the river mouth. That�s where the mature, larger chinook start to school before heading up the river to their home grounds to spawn. Conversely, Peeters reminds anglers, there will still be two year classes of chinook that are not maturing, which will remain out in the lake and available for sport trollers offshore.

As autumn rains begin to fall in late September and river and stream waters start to rise, the maturing year class of anxious chinook leave the lake and begin the trip upstream to their spawning grounds, giving shore and stream anglers a great opportunity to reel in their share.

�Although you can always continue to fish out on the lake, the chinook spawning runs provide a unique opportunity for anglers who don�t have a boat, to go out and catch the fish from shore,� says Peeters. �It�s part of their life cycle to go back upstream to spawn, so the fish are basically coming to you.

�Anglers are continuing to catch their bag limits of chinook,� says Eggold. �There�s plenty of time left to have a great year if you haven�t already and possibly catch the �big one� that avid anglers are always hoping for.�

Visit the Lake Michigan fisheries page or the Lake Michigan Chinook Salmon (pdf) for more information on one of Wisconsin�s popular game fish.

Area anglers resist permanent controls for fish virus

Sunset clause requested for proposal to fight VHS

By Kevin Naze

A proposal to make permanent measures designed to control and prevent the spread of viral hemorrhagic septicemia, or VHS virus has drawn concerns at a public hearing Monday night in Green Bay. The proposed rule, identical to the current emergency rule, affects anglers, boaters, bait dealers, fish dealers and commercial fishermen.

Among other things, it limits the transport of live fish away from certain waters; bans the use or possession of certain live baits; and requires additional permits, testing and record-keeping for bait and wholesale fish dealers.   "None of these rules are going to work without public cooperation," said Bill Horns, Department of Natural Resources Great Lakes fisheries specialist in Madison. "There aren't enough wardens in the world to thoroughly enforce these rules."

Pete Petrouske of Ashwaubenon said he'd like to see a sunset clause on any permanent rule. Mike Zettel of Green Bay agreed, saying he was concerned that the rule could backfire by raising the price of live bait and reducing angler 

participation.   "I know it's the department's job to protect the waters, but we're getting regulated to death," Zettel said. "I think there should be a two-year sunset, then revisit it."

Bernie Skaletski of Green Bay said he'd like to be able to keep his minnows between perch fishing trips on Green Bay.  "I have a problem with going fishing (one day) and going back a couple days later, and having to dump my minnows in between," Skaletski said.

Mike Heilman of Brookcrest Fisheries of Cedar Grove, an aquaculture operation that sells game fish and minnows, said VHS testing has cut into his profit.  "We started making more sales this year, but then I got swamped by testing fees," Heilman said. "I'll bet it's over $6,000 already this year, and last year it was maybe three of four hundred (dollars)."

The hearing, held at the Bay Beach Wildlife Sanctuary, was the fourth of six planned statewide on the proposed rule. Only nine residents attended. Waters specified in the rule include Lake Michigan, Lake Superior, the Mississippi River, Lake Winnebago.

Early Canada goose, dove seasons open Sept. 1

MADISON -- Hunters anxious for the fall hunting seasons will have their first opportunities when the 2007 Wisconsin early Canada goose and mourning dove hunting seasons open Sept. 1.

The early Canada goose season runs through Sept. 15, with a daily bag limit of five geese. It specifically targets local breeding giant Canada geese and is held before migratory geese begin to move into Wisconsin, according to Kent Van Horn, Department of Natural Resources waterfowl ecologist.

�During this early season, hunters need to think differently than they would during October goose hunting because the 

geese are using different areas,� Van Horn says. �They needto scout ahead on early season movements of birds among early crop harvests, water resting places and areas of mowed grass. I encourage people to look for new areas to seek permission to hunt during the early season than you might during later fall hunting.�

Wisconsin�s fifth dove hunting season runs Sept. 1 through Oct. 30. Approximately 15,000 to 20,000 dove hunters are expected to take to the field at some point during the season. There is a daily bag limit of 15.

2007 regs are available at license agents and on-line at: Wisconsin Hunting and Trapping Regulations.

Governor pushes Massive Gun Control Scheme!

Doyle Seeks Massachusetts Style Gun Control for the Badger State!

In an announcement on August 21, 2007 at the Milwaukee Police Department�s District 3 headquarters, Governor Jim Doyle (D) outlined a gun control package aimed not at reducing crime, but at forcing Wisconsin�s law-abiding gun-owners to forfeit their Second Amendment rights.  Not since his 2001 effort to ban the possession of all firearms other than single-shot rifles, pistols and shotguns has Doyle waged such an assault on the basic individual freedoms of the citizens of the Badger State.

Doyle, a pawn for the anti-freedom movement, is urging the Legislature to pass legislation eliminating all private transfers at gun shows.  Not stopping there, the Governor wants to repeal preemption statutes and allow local municipalities to enact their own, more onerous firearms regulations, such as the Madison handgun ban of 1994.  Doyle is also pushing for flawed ballistic �fingerprinting� technology, an expensive and ineffective system supposedly intended to fight crime.  Finally, Doyle is seeking to expand the number of Wisconsinites who would be prohibited from owning firearms for hunting or self-defense