Resolution 137-1980
RESOLUTION NO.137- 1980
RESOLUTION REQUESTING EXPEDITIOUS HANDLING
OF THE RELEASE OF VESSELS SEIZED IN THE CUBAN
REFUGEE SEA LIFT.
WHEREAS, hundreds of commercial fishing vessels have
been seized during the Cuban refugee Sea Lift, and
WHEREAS, there has not been an orderly procedure
established for early releasing or paroling of seized vessels
to allow them to be used for commercial fishing pending further
legal proceedings for the alleged violation of the laws of the
United States, and
WHEREAS, such inaction is a lack of reasonable due process
of law as provided by both State and Federal Constitutions, and
WHEREAS, the continued seizure of the commercial vessels
IS depriving the owners and their employees of their liveli-
hood and/or will subject owners to possible loss of their
vessels due to loss of income, and
WHEREAS, idling of the vessels has already had a severe
negative impact on the economy of Monroe County, now, there-
fore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That this Board does support the immediate imp1emen-
tation of procedures and/or policy by the United States Govern-
ment and its agencies to provide for the orderly handling of
boat seizure problems being incurred due to the Cuban Refugee
Sea Lift such that due process of the law in accordance with
the Constitution of the United States is achieved.
2. That such procedures and/or policy be immediately imp1e-
mented such that commercial fishing vessels will be allowed to be
released or paroled or allowed to post a reasonable bond pending
further legal proceedings for alleged violations of the laws of
the United State in order to assure that irreparable economic
impact will not result to the citizens of Monroe County.
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3. That the Clerk of the Board of County Commissioners
1S hereby directed to forward a copy of this resolution to
the State and Federal Legislative Delegations and the Presi-
dent of the United States for their appropriate action and
support to implement the aforesaid.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regulat meeting held on the
3rd day of June, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C~~NTY, F1~~DA
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By iff )~t-~.f//~
""-' Chairman
(Seal)
Attest:
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APPROVED AS TO 'ORM
ANtJ U(1AL SIHFICIENCY.
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Page 2 of 2 Pages
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DAN r F, n. r ASCELL
, ;H4 DISTPUCT, FLORIDA
CHAPL", --' 1','pr(~^N
AOMINrSTRATIVl: ....S:.ISTANT
COMMrTTEI::S.
GOVERNMENT OPERATIONS
MEMIIE.... LEGISLATION AND NATIONAL
SECURITY SUBCOMMITTEE:
~ongre55 of tbe ~niteb $tates
~oU5t of lttprt5tntatibt5
ma~bington. 1D.Q!:. 20515
Pending - State
release of boats
Cubans
r.OREI~N AFFAIRS
CHA1HMAN: INTE"NATlONAL OPERATIONS
SUBCOMMITTEE
MEMBERl I",""ER.AMERICAN AFFAIRS
SUBCOMMITTEE
COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
May 29, 1980
CHAIRMAN
CANADIAN-UNITED STATES
I NTERPARLlA M ENT ARYGROUP
CHAIRMAN, U.S. DEL.EGATION
Dear Mr. President:
. 'From the time Cuban fefugees began fleeing Mariel, I pressed
Ambassador Palmieri'and the White House staff for clear guidance for
operators of vessels capable of transporting refugees to Key West, and
uniform enforcement of penalties. Your statement of May 14th spelled
out national policy and clear penalties for violations and ordered
uniform enforcement. It was a courageous and correct action, and most
boat owners responded promptly and positively. The flow of boats to
Mariel stopped and some boats already there were able to return empty.
Boats in Mariel at the time of your statement, which later
returned with refugees (nearly 700 so far), have been seized or placed
under constructive seizure, i.e. parolled to their owners. The condi-
tions of the parole, however, not only prevent the boats from being used
for further trips to Cuba, but also prohibit them from being used for
fishing unless the owners post bond in the amount of tho highest possible
fine--in most cases more than the value of the boat.
There are approximately 250 commercial fishing vessels affected.
The situation is particularly critical for individual owners dependent on
the revenues from the boats to meet fixed expenses and large mortgage pay-
ments. Tying up their boats is an extreme financial penalty, quite apart
from any fine or penalty they may eventually be assessed. Deprived of their
livlihood, many will quickly face the 10s8 of their boats.
Beyond individual hardships, idling the vessels has already had
a severe negativ~ impact on the economy of Key West, and community leaders
fear that if this parole procedure is maintained for commercial fishing
vessels through protracted hearings, the effects on the economy will be
truly devest~ting.
r .
There is real justification for those fears. The economy of Key
West depends entirely on tourism and fishing. Seafood processing houses
are already reporting layoffs of personnel because boats that supply them
cannot work. Suppliers and others who support the fishing industry are
experiencing drops in business. Other businesses will suffer as we experience
the ripple effect of layoffs. All this ~s happening at a time when the
tourist industry of Key West has fallen off dramatically due to exagerated
fears of disorder in Key West in connection with the boatlift.
3KS
Tbe President
May 29, 1980
Page 2
During the last week I have raised these problems wit a the
White Bouse ataff and with the Office of the Attorney General and
suggested thetpparole procedures be changed for commercial fishing
vessels 80 as to allow owners making a firm commitment not to send
the boat back to Cuba to use it for fishing with .pecial, temporary
papers issued by the Coast Guard. I understand that modifications of
the parole procedures along these lines are now being considered. I
am writing to you directly because the need to do this is truly urgent.
We need.to restore to the boat owners their capability to earn a living
80 that the people of Key West can put the boatlift behind them and get
their lives and businesses back to normal.
Sincerely,
DANTE B. F ASCELL
Member of Congress
The President
The White House
Washington, D.C.
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