WASHINGTON – October 18, 2010 – NOAA's Office of General Counsel is requesting public comment on a new draft penalty policy that will provide guidance to its lawyers as they calculate civil penalties arising from cases involving individuals and companies that violate fishing and environmental laws.
The proposed policy was posted on NOAA's website today.
NOAA says the new policy is designed to ensure penalties are assessed in a fair and consistent manner and that they are appropriate to a given violation. The Agency says the new policy will improve consistency at the national level, and will provide a clearer understanding of NOAA's penalty policies. They also say the proposed policy will help NOAA to protect fisheries and natural resources consistently and effectively.
The draft policy is available electronically at http://www.nmfs.noaa.gov/ole/penaltypolicy.html, and comments must be received by
December 20.
The official statement from NOAA follows:
NOAA Takes Steps to Reform Enforcement Practices
Seeks comments on draft penalty policy
As part of an ongoing effort to reform its enforcement practices, NOAA's Office of General
Counsel, through its Office of General Counsel for Enforcement and Litigation, is requesting
public comment on a new draft penalty policy that will provide guidance to its lawyers as they
calculate civil penalties arising from cases involving individuals and companies that violate
fishing and environmental laws.
The proposed policy, posted on NOAA's website today, is designed to ensure penalties are
assessed in a fair and consistent manner and that they are appropriate to a given violation.
"This new draft policy, aided by the input of the public and fishery stakeholders during this
comment period, will put us closer to our goal of an enforcement policy that is effective and
transparent," said Dr. Jane Lubchenco, under secretary of commerce for oceans and
atmosphere, and NOAA administrator. "Along with the other actions we have taken, and the
public comments on those that are still pending, I know we can create a policy that enforces
regulations fairly, and protects the vast majority of fishermen who play by the rules."
Under the new draft penalty policy, NOAA will improve consistency at the national level, and
will provide a clearer understanding of NOAA's penalty policies. The proposed policy will help
NOAA to protect fisheries and natural resources consistently and effectively.
When finalized, the new Policy for the Assessment of Civil Administrative Penalties and Permit
Sanctions will supersede previous guidance issued by NOAA's Office of General Counsel.
The draft policy is available electronically at
http://www.nmfs.noaa.gov/ole/penaltypolicy.html, and comments must be received by
December 20. Please submit written comments to:
E-mail:
Penaltypolicy@noaa.gov
Fax:
301-427-2210
Mail:
Office of General Counsel for Enforcement and Litigation
NOAA
8484 Georgia Ave., Suite 400
Silver Spring, Md. 20910
Attn. Frank Sprtel
To receive a printed copy of the draft policy, send a self-addressed stamped envelope to the
above U.S. mail address.
This new policy is the latest step the agency has taken to assure fair and effective
enforcement and to protect natural resources. NOAA's Office of Law Enforcement has taken
several other actions to improve its enforcement operations:
* Finalized its process for setting national and regional priorities based on comments
received during the National Enforcement Summit, held in Washington in August. Input on
specific priorities will be solicited from a wide range of stakeholders this fall and
incorporated into draft national regional priorities in January, which will be released for public
comment. These priorities will help guide NOAA's future enforcement policy.
* Cancelled one-third of the Office of Law Enforcement's purchase cards to better control
expenditures and ensure the purchase card process is managed consistent with all
guidelines. All future purchases with the cards will be fully consistent with the new draft asset
forfeiture fund policy that was released for public comment on September 29. The comment
period on the draft asset forfeiture fund policy ends November 29.
* Begun work to establish a robust and effective compliance assistance program and name
a compliance liaison for New England to help the fishing industry comply with fishery
regulations. To ensure the program addresses the priorities identified by its stakeholders,
NOAA will discuss the program next week at the Marine Fisheries Advisory Committee public
meeting in Annapolis, Md. Committee members represent a variety of stakeholders from
across the country and will provide recommendations for the compliance assistance program
as well as the position description for the liaison in the Northeast.
On the Web:
NOAA Enforcement Priority Setting Process:
http://www.noaanews.noaa.gov/stories2010/PDFs/Final_NOAA_Enforcement_Priority_Setting_Process.pdf