SEAFOOD.COM NEWS [seafoodnews.com] June 23, 2010 – NOAA has only made one legal change so far in response to the ongoing investigations into NOAA law enforcement of fisheries issues.
Today NOAA published changes to its regulations in the federal register that make it easier for Judges to reject fines and penalties proposed by NOAA prosecutors. Previously, the legal requirement was that a judge had to have a 'good reason' for departing from the civil penalty or permit sanction, condition, revocation, or denial of permit application (collectively, ÔÔcivil penalty or permit sanction'') assessed by NOAA in its charging document. The effect was to strongly weight the proceeding in favor of NOA's penalties.
The new regulation removes this language, and instead requires that NOAA justify at a hearing that its proposed penalty or permit sanction is appropriate, taking into account all the factors required by applicable law, giving respondents have a full and fair opportunity to challenge the proposed Agency action.
Critics of NOAA law enforcement welcomed this change, but said it did not go far enough. Other changes in NOAA law enforcement procedures may still be forthcoming.