[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]
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