BOSTON (Saving Seafood) July 28, 2011 -- Judge Parlen McKenna has granted a motion for recusal in the case of former New Bedford Scalloper Larry Yacubian. Saving Seafood first reported on July 8, that two Coast Guard administrative law judges were been reassigned to adjudicate additional legal requests in controversial NOAA enforcement cases. The cases, involving former New Bedford scalloper Larry Yacubian and the Gloucester Seafood Display Auction, were among the cases in which an independent special master found the defendants' rights so severely trampled that they received apologies for the wrongdoing from Secretary Gary Locke and NOAA administrator Jane Lubchenco as well as reimbursement of the judge's imposed fines.
In a May 17, 2011 decision memorandum , Secretary Locke "directed NOAA to terminate the Coast Guard Administrative Law Judge contract" for adjudication of fisheries cases. On July 11, after learning that the same judges who were critcized by the special master had been re-assigned to the Yacubian and Gloucester Auction cases, Congressmen Barney Frank and John Tierney asked Secretary Locke to make it his "highest priority to arrange for an alternative adjudication forum".