[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9773]
[[Page Unknown]]
[Federal Register: April 22, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940401-4101]
Civil Administrative Penalty Schedule
AGENCY: National Oceanic and Atmospheric Administration, United States
Department of Commerce.
ACTION: Notice.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA)
Office of the General Counsel announces the availability of NOAA's
Civil Administrative Penalty Schedule. A current copy of the Civil
Administrative Penalty Schedule will be maintained and made available
for inspection by the public at the offices listed below.
The Civil Administrative Penalty Schedule is subject to change at
any time without notice.
ADDRESSES:
NOAA Office of the Assistant General Counsel for Enforcement and
Litigation, 8484 Georgia Avenue, suite 400, Silver Spring, MD 20910-
5612, 301-427-2202.
NOAA Library and Information Services Division, silver Spring Metro
Center Bldg. 3, suite 2000, 1315 East-West Highway, Silver Spring, MD
20910-3232, 301-713-2600.
NOAA Office of the General Counsel, Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930, 508-281-9211.
NOAA Office of the General Counsel, southeast Regional Office, 9721
Executive Center Drive, suite 118--Koger Building, St. Petersburg, FL
33702, 813-893-3617.
NOAA Office of the General Counsel, Southwest Regional Office, Long
Beach Federal Building, 501 W. Ocean Blvd., suite 4470, Long Beach, CA
90802, 310-980-4072
NOAA Office of the General Counsel, Northwest Regional Office, 7600
Sand Point Way, NE., BIN C15700, Seattle, WA 98115-0070, 206-526-6075.
NOAA Office of the General Counsel, Alaska Regional Office, 709 West
9th Street, rm. 909-A, Juneau, AK 99801-1109, 907-586-7414.
FOR FURTHER INFORMATION CONTACT:
Hugh C. Schratwieser, Attorney-Adviser, Office of the Assistant General
Counsel for Enforcement and Litigation, 8484 Georgia Avenue, suite 400,
Silver Spring, Maryland 20910-5612; 301-427-2202.
SUPPLEMENTARY INFORMATION: The NOAA Civil Administrative Penalty
Schedule is a compilation of internal guidelines used by NOAA
enforcement attorneys in assessing penalties for violations of statutes
that NOAA enforces, including, among others, the Magnuson Fishery
Conservation and Management Act, the Marine Mammal Protection Act, the
Endangered Species Act, the Lacey Act, the Marine Protection, Research
and Sanctuaries Act, the Northern Pacific Halibut Act, and the Atlantic
Tunas Convention Act, and the regulations promulgated pursuant to these
acts. Where available, summary settlement guidelines utilized by
enforcement officers also are included. In addition, the Civil
Administrative Penalty Schedule includes guidelines for assessing
penalties for violations of the U.S.-Canada Bilateral Enforcement
Agreement.
NOAA is providing notice of the availability of the Civil
Administrative Penalty Schedule so that the public may have access to
``administrative staff manuals and instructions to staff that affect a
member of the public'' in order that the Agency may rely upon this
manual or set of instructions in an enforcement action. 5 U.S.C.
552(a)(2)(C) and (a)(2). See also, Smith v. National Transportation
Safety Board, 981 F.2d 1326 (D.C. Cir. 1993).
The Civil Administrative Penalty Schedule is subject to change at
any time without notice. Revisions will be sent to the addresses listed
above.
The recommended penalty ranges in the Civil Administrative Penalty
Schedule are intended to aid case attorneys in determining the
appropriate penalty to charge in a notice of violation and assessment
or, with respect to summary settlement guidelines, the appropriate
penalty for an enforcement officer to assess. The facts and
circumstances of a particular case may justify a departure from the
suggested penalty amounts contained in the schedule, especially if
aggravating or mitigating factors are present that are not reflected
adequately within the range.
Dated: April 18, 1994.
Meredith J. Jones,
General Counsel, National Oceanic and Atmospheric Administration.
[FR Doc. 94-9773 Filed 4-21-94; 8:45 am]
BILLING CODE 3510-12-M