Tag Archives: Charles Juliand and Mitch MacDonald

At What Cost, Justice – A Pyrrhic Victory? By Sean McKeon

scales_of_justice_2On November 25, 2013 Federal District Court Judge Terrence W. Boyle1  ruled that Willie R. Etheridge III and Mark Cordeiro, two men from North Carolina, were not guilty of finning sharks as presumed under a federal fishing law prohibiting shark fin-to-carcasses ratios in excess of 5%. (Shark Finning Prohibition Act) The case is interesting not only because of what it produced by way of the district court’s decision, but also, and perhaps more importantly, because of the long history that ultimately spawned the government’s prosecution of these particular North Carolinians and the political environment in which it occurred.

The highly politicized agencies of the federal government are most to blame here, in this case National Marine Fisheries Service (NMFS) and its parents National Oceanic and Atmospheric Administration (NOAA), and the U.S. Department of Commerce. For an industry accustomed to bad news and never ending harassment by the very agency established to promote and protect it, the temptation might be to view this court victory in a vacuum and attach far too much optimism to its outcome. While there is certainly cause for celebration, it is important to understand the historic underpinnings of this case and the devastating impact federal agencies often have on the private sector when left unchallenged and undisciplined by those charged with their oversight, i.e. members of Congress and, in this case, the Administrative Law Court System (ALC).

Read the article here  19:54