NOAA Proposed Policy on Prohibited and Authorized Uses of the Asset Forfeiture Fund, 60085-60087 [2010-24446]
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
CFR 351.218(e)(2)(i), the Department
determined to conduct a full sunset
review of this antidumping duty order
and notified the U.S. International
Trade Commission. See Letter to Ms.
Catherine DeFilippo, Director, Office of
Investigations, U.S. International Trade
Commission, from James Maeder,
Director, Office 2, AD/CVD Operations,
entitled ‘‘Expedited and Full Sunset
Reviews of the Antidumping Duty
Orders Initiated in June 2010,’’ dated
July 22, 2010.
On September 15, 2010, the
Department contacted Aqualon
regarding the reference to Harmonized
Tariff Schedule of the United States
(HTSUS) number 3913.31.00.10 at 12 of
the Appendix of its substantive
response, dated July 1, 2010. Aqualon
stated on September 15, 2010, that it
had mistakenly referenced the wrong
HTSUS number in its substantive
response and intended to reference
HTSUS number 3912.31.00.10. See
Memorandum to the File from Dena
Crossland, Regarding Preliminary
Results of First Sunset Review of the
Antidumping Duty Order on Purified
Carboxymethylcellulose from Mexico;
Correction to Domestic Interested
Party’s July 1, 2010, Substantive
Response, dated September 16, 2010.
erowe on DSK5CLS3C1PROD with NOTICES
Scope of the Order
The merchandise covered by the order
is all purified CMC, sometimes also
referred to as purified sodium CMC,
polyanionic cellulose, or cellulose gum,
which is a white to off–white, non–
toxic, odorless, biodegradable powder,
comprising sodium CMC that has been
refined and purified to a minimum
assay of 90 percent. Purified CMC does
not include unpurified or crude CMC,
CMC Fluidized Polymer Suspensions,
and CMC that is cross–linked through
heat treatment. Purified CMC is CMC
that has undergone one or more
purification operations, which, at a
minimum, reduce the remaining salt
and other by–product portion of the
product to less than ten percent. The
merchandise subject to the order is
currently classified in the HTSUS at
subheading 3912.31.00.2 This tariff
classification is provided for
convenience and Customs purposes;
2 Although HTSUS number 3912.31.00.10 may be
more specific to subject merchandise, it was not
created until 2005. As such, we are relying on
HTSUS number 3912.31.00 for purposes of this
sunset review because in determining whether
revocation of an order would likely lead to
continuation or recurrence of dumping, the
Department considers the margins established in
the investigation and/or reviews conducted during
the sunset review period as well as the volume of
imports for the periods before and after the issuance
of the order. See section 752(c)(1) of the Act.
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15:17 Sep 28, 2010
Jkt 220001
however, the written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the ‘‘Issues and Decision
Memorandum for the Preliminary
Results of First Sunset Review of the
Antidumping Duty Order on Purified
Carboxymethylcellulose from Mexico,’’
from Susan H. Kuhbach, Acting Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration
(Decision Memo), which is hereby
adopted by, and issued concurrently
with, this notice. The issues discussed
in the Decision Memo include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the order
were revoked. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in this public
memorandum which is on file in the
Central Records Unit, room 7046 of the
main Commerce Department building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision Memo
are identical in content.
60085
issues raised in any such briefs, no later
than January 28, 2011.
This five-year (‘‘sunset’’) review and
notice are in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act.
Dated: September 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–24458 Filed 9–28–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ29
NOAA Proposed Policy on Prohibited
and Authorized Uses of the Asset
Forfeiture Fund
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Magnuson-Stevens
Fishery Conservation and Management
Act authorizes the Secretary of
Commerce through NOAA to pay
certain enforcement related costs from
sums received as fines, penalties, and
forfeitures of property for violations of
any marine resource law enforced by the
Preliminary Results
Secretary. Fines, penalties, and
The Department preliminarily
forfeitures of property received by
determines that revocation of the
NOAA are deposited in an enforcement
antidumping duty order on CMC from
asset forfeiture fund. The Secretary is
Mexico is likely to lead to continuation
proposing a new policy to clearly
or recurrence of dumping at the
articulate prohibited and authorized
following weighted–average margins:
uses of these funds to ensure no conflict
of interest– either real or perceived –
Quimica Amtex .............
12.61 percent
All Others ......................
12.61 percent associated with its use while continuing
to promote a sound enforcement
program dedicated to conserving and
Public Comment
protecting our nation’s marine
Any interested party may request a
resources. The Secretary requests
hearing within 30 days of publication of comments from the public on listed
this notice in accordance with 19 CFR
prohibited and authorized uses of the
351.310(c). Consistent with 19 CFR
funding and, in particular, expenditures
351.309(c)(1)(i), interested parties may
for activities that would promote
submit case briefs no later than 30 days
compliance with regulations
after the date of publication of this
promulgated by NOAA.
notice. Rebuttal briefs, which must be
DATES: Written comments must be
limited to issues raised in the case
received on or before 5 p.m., EST, on
briefs, may be filed no later than 5 days
November 29, 2010.
after the time limit for filing the case
ADDRESSES: Written comments may be
briefs, in accordance with 19 CFR
sent by any of the following methods:
351.309(d)(1). Any hearing, if requested
• E-mail to the following address:
will be held two days after rebuttal
DraftAFFPolicy@noaa.gov. Please note
briefs are due, unless the Department
on your correspondence and in the
alters the date, in accordance with 19
subject line of e-mail comments the
CFR 351.310(d)(1). The Department
following identifier: ‘‘Draft Asset
intends to issue a notice of final results
Forfeiture Fund Policy Comments.’’;
of the first sunset review, which will
• Mail or hand deliver to Mr. Mark
include the results of its analysis of
Paterni, Assistant Director, Office of
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SUMMARY:
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60086
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
Law Enforcement, National Oceanic and
Atmospheric Administration, 8484
Georgia Avenue, Suite 415, Silver
Spring, MD 20910. Mark the outside of
the envelope ‘‘Draft Asset Forfeiture
Fund Policy Comments’’; or
• Fax to 301–427–2055 noting ‘‘Draft
Asset Forfeiture Fund Policy
Comments.’’
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Paterni, Assistant Director, Office
of Law Enforcement, National Oceanic
and Atmospheric Administration, 8484
Georgia Avenue, Suite 415, Silver
Spring, MD 20910, (telephone 301–427–
2300).
SUPPLEMENTARY INFORMATION:
I. Proposed Policy on Prohibited and
Authorized Uses of the Asset Forfeiture
Fund
Strong management and oversight of
the Asset Forfeiture Fund (AFF) is
essential to restoring the public’s trust
in the National Oceanic and
Atmospheric Administration’s (NOAA)
Enforcement Program. It is the goal of
the Department of Commerce and
NOAA to establish a stringent policy for
effective oversight of the AFF that will
ensure no conflict of interest — real or
perceived – associated with its use
while continuing to promote a sound
enforcement program dedicated to
conserving and protecting our nation’s
marine resources. This policy statement
provides clear guidance on the
approved uses of the AFF that are
consistent with applicable legal
authority and that will help assure those
regulated that all fines and penalties are
fairly and equitably assessed based
solely on the severity of the violation.
This policy statement also prohibits
funding for specific activities. In
addition, the Department will expand
the use of AFF funding to include
compliance assistance to better serve the
needs of our stakeholders and improve
the way NOAA engages and interacts
with its regulated community.
Monies within the AFF are derived
from fines, penalties, and property
forfeitures associated with violations of
marine resource laws (MagnusonStevens Act, Endangered Species Act,
Marine Mammal Protection Act, and
Lacey Act, among others). The
Department believes, as did the
Congress in establishing the AFF and
specifying the allowable uses, that it is
appropriate to use the proceeds of
NOAA’s enforcement program to offset
in part the costs of administering that
program. Those who violate these laws
should help offset the cost of protecting
our marine resources in lieu of those
costs being borne by taxpayers. Further,
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15:17 Sep 28, 2010
Jkt 220001
the availability of these funds for
enforcement reduces the requirement
for additional appropriations and
expands NOAA’s ability to respond to
violations of the laws it is charged with
enforcing. NOAA’s Office of Law
Enforcement’s (OLE) National
Enforcement Operations Manual and the
Office of the General Counsel for
Enforcement and Litigation’s (GCEL)
Operating Procedures Manual will
include the new policy, along with
detailed guidance.
To ensure accountability and
transparency in AFF accounting, NOAA
will take a number of actions. The
Agency will clearly identify and track
AFF monies received and expended,
and centralize the AFF approval
processes for expenditures. Starting
with the FY 2012 budget submission,
NOAA will identify and account for the
AFF in its annual budget. Beginning in
FY2011, an annual operating budget
will be developed for the AFF based
upon the policy, and proposed
modifications to that budget must be
approved by the NOAA Chief Financial
Officer.
Separately, NOAA will establish
appropriate uses of other enforcement
proceeds retained by the Secretary but
not part of the AFF. In particular,
NOAA will examine the use of fines and
penalties collected for violations of the
Northeast Multispecies Fishery
Management Plan, which under section
311(f) of the Magnuson-Stevens Act
must be used to enforce the Plan.
Prohibited Uses
The policy prohibits the use of the
AFF for the following activities:
• Funding for any NOAA employee
labor, benefits, or awards;
∑ Funding for any vehicle purchases
or leases, including patrol vehicles,
undercover vehicles, all terrain vehicles,
vehicles assigned to agents to carry out
their enforcement duties, or associated
equipment, upgrades, modification, or
maintenance of current vehicles;
∑ Funding for any vessel purchases
or leases, including patrol vessels,
undercover vessels, or associated
equipment upgrades, modification, or
maintenance of current vessels;
∑ Funding for any domestic or
foreign travel that is not related to
specific investigations, enforcement
proceedings, or required training, such
as attendance at general conferences or
seminars except as specifically
authorized below;
∑ Funding for any training that is not
specifically required by policy as an
integral part of an employee’s job as
detailed below; and
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Frm 00022
Fmt 4703
Sfmt 4703
∑ Funding for the purchase of any
equipment that is not directly related to
a specific investigation or enforcement
proceeding, including weapons and
ammunition, uniforms, copiers or
facsimile machines, desktop or laptop
computers, Blackberries or other PDAs,
cell phones or radios, video or audio
recording equipment; or office furniture.
Authorized Uses
The policy authorizes funding for
certain specific enforcement-related
activities:
∑ Compliance assistance as discussed
further below;
∑ Costs directly related to the proper
storage of seized fish, vessels, or other
property during a civil or criminal
proceeding;
∑ Rewards for information related to
enforcement actions;
∑ Valid liens, mortgages, and claims
against, or interest in, seized or forfeited
property;
∑ Reimbursement to other Federal or
State agencies for enforcement related
services provided pursuant to an
agreement entered into with the
Secretary;
∑ Expenditures related directly to
specific investigations and enforcement
proceedings; such as interviewing
expert witnesses, witness participation
at trials, hearings or depositions, expert
witness fees, case support contracts, or
required forensic or evidence handling
supplies;
∑ Attendance at international bi- or
multi-lateral meetings and negotiations
to discuss enforcement specific agenda
items;
∑ Training and associated travel
required by policy for all enforcement
personnel, mandatory courses at the
Federal Law Enforcement Training
Center and required field training
assignments;
∑ Mandatory annual in-service or
national training for OLE and GCEL
employees;
∑ Training for Federal and state
partners regarding Federal statutes and
regulations under NOAA’s authorities;
∑ Enforcement unique information
technology infrastructure, including
hardware, software and maintenance,
required specifically for NOAA’s
enforcement and legal systems and
databases;
∑ Annual interagency agreement and
contract costs for the administrative
adjudication process, including
Administrative Law Judges; and,
∑ Efforts to combat international
unregulated and unreported fishing
through annual funding to the
International Monitoring, Control, and
Surveillance Network.
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
Compliance Assistance
The Department will implement
activities to better serve the needs of our
stakeholders and improve the way
NOAA engages and interacts with its
regulated community. This new
component will be aimed at improving
and expanding NOAA’s compliance
assistance, collaboration, and outreach
activities. The Department will work
with the Marine Fisheries Advisory
Committee (additional information at:
https://www.nmfs.noaa.gov/ocs/mafac/)
to develop proposals for activities or
program enhancements that will
improve compliance with all marine
resource statutes. Activities may
include, but are not limited to:
∑ Placing a full or part-time
Compliance Assistance Liaison in
NMFS Regional Offices as needed,
beginning with New England;
∑ Expanding the use of regional
enforcement workshops and training
sessions to bring together and educate
stakeholders on regulations and other
requirements associated with fishery
management plans, National Marine
Sanctuaries, and activities related to the
protection of endangered species and
marine mammals;
∑ Educating and involving fishermen
in the development of potential
solutions to regional and national
enforcement-related issues; and
∑ Improving communication with
regulated communities and the general
public relative to enforcement issues
through increased OLE and GCEL
participation in Regional Fishery
Management Council meetings or
Sanctuary Advisory Committee
meetings, improved websites, easy to
understand compliance guides, and
timely electronic or other notifications
of changes in regulations.
These compliance assistance activities
would likely be funded by the AFF
through agreements with federal and
state partners, or in the case of efforts
addressing NE Multispecies, through
enforcement proceeds available to the
Secretary under section 311(f) of the
Magnuson-Stevens Act.
II. Additional Information
erowe on DSK5CLS3C1PROD with NOTICES
Ensuring a Strong Enforcement Program
NOAA and other federal agencies
with similar authorities must maintain
adequate funding for enforcement. At
the National Enforcement Summit held
in early August, participants stressed
the need for effective and fair
enforcement around the country. They
offered suggestions that NOAA should
focus more on compliance and outreach
to better balance its deterrence efforts.
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15:17 Sep 28, 2010
Jkt 220001
The need for a strong enforcement
program is widely recognized and
supported as a key component of
supporting legal fishers and the
American public through barring illegal
imports, ending illegal domestic
harvests, and ensuring safe and
wholesome seafood products. As NOAA
completes the broad set of activities
aimed at improving its enforcement
programs, including a corrective action
plan for the AFF, NOAA must ensure an
adequate funding level is maintained.
Otherwise, the many benefits of a strong
enforcement program would be at risk.
Legislative Authorities
The specific statutory authority for
use of the fund for certain enforcement
related purposes is found in section
311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1861). Section 311(e)(1)
authorizes six types of expenditures: (A)
the reasonable and necessary costs
incurred in providing temporary
storage, care, and maintenance of seized
fish or other property pending
disposition of any civil or criminal
proceeding alleging a violation of any
provision of this Act or any other
marine resource law enforced by the
Secretary with respect to that fish or
other property; (B) a reward of not less
than 20 percent of the penalty collected
or $20,000, whichever is the lesser
amount, to any person who furnishes
information which leads to an arrest,
conviction, civil penalty assessment, or
forfeiture of property for any violation
of any provision of this Act or any other
fishery resource law enforced by the
Secretary; (C) any expenses directly
related to investigations and civil or
criminal enforcement proceedings,
including any necessary expenses for
equipment, training, travel, witnesses,
and contracting services directly related
to such investigations or proceedings;
(D) any valid liens or mortgages against
any property that has been forfeited; (E)
claims of parties in interest to property
disposed of under section 612(b) of the
Tariff Act of 1930 (19 U.S.C. 1612(b)), as
made applicable by section 310(c) of
this Act or by any other marine resource
law enforced by the Secretary, to
seizures made by the Secretary, in
amounts determined by the Secretary to
be applicable to such claims at the time
of seizure; and (F) reimbursement to any
Federal or State agency, including the
Coast Guard, for services performed, or
personnel, equipment, or facilities
utilized, under any agreement with the
Secretary entered into pursuant to
subsection (a), or any similar agreement
authorized by law.Though not part of
the AFF, section 311(f) provides that
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Frm 00023
Fmt 4703
Sfmt 4703
60087
fines and penalties collected for
violations of the Northeast Multispecies
Fishery Management Plan shall be used
for purposes of enforcing the Plan.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 24, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–24446 Filed 9–24–10; 4:15 pm]
BILLING CODE 3510–22–S
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0049, Procedural
Requirements for Requests for
Interpretative, No-Action, and
Exemptive Letters
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
The Commodity Futures
Trading Commission (CFTC) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the agency.
Under the Paperwork Reduction Act of
1995 (PRA), 44 U.S.C. 3501 et seq.,
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
requirements relating to procedures for
submitting requests for exemptive, noaction, and interpretative letters.
DATES: Comments must be submitted on
or before November 29, 2010.
ADDRESSES: Comments may be mailed to
Christopher W. Cummings, Division of
Clearing and Intermediary Oversight,
U.S. Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Cummings (202) 418–
5445; Fax: (202) 418–5528; e-mail:
ccummings@cftc.gov.
SUMMARY:
Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined in
44 U.S.C. 3502(3) and 5 CFR 1320.3(c)
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
SUPPLEMENTAL INFORMATION:
E:\FR\FM\29SEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60085-60087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24446]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XZ29
NOAA Proposed Policy on Prohibited and Authorized Uses of the
Asset Forfeiture Fund
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Magnuson-Stevens Fishery Conservation and Management Act
authorizes the Secretary of Commerce through NOAA to pay certain
enforcement related costs from sums received as fines, penalties, and
forfeitures of property for violations of any marine resource law
enforced by the Secretary. Fines, penalties, and forfeitures of
property received by NOAA are deposited in an enforcement asset
forfeiture fund. The Secretary is proposing a new policy to clearly
articulate prohibited and authorized uses of these funds to ensure no
conflict of interest- either real or perceived - associated with its
use while continuing to promote a sound enforcement program dedicated
to conserving and protecting our nation's marine resources. The
Secretary requests comments from the public on listed prohibited and
authorized uses of the funding and, in particular, expenditures for
activities that would promote compliance with regulations promulgated
by NOAA.
DATES: Written comments must be received on or before 5 p.m., EST, on
November 29, 2010.
ADDRESSES: Written comments may be sent by any of the following
methods:
E-mail to the following address: DraftAFFPolicy@noaa.gov.
Please note on your correspondence and in the subject line of e-mail
comments the following identifier: ``Draft Asset Forfeiture Fund Policy
Comments.'';
Mail or hand deliver to Mr. Mark Paterni, Assistant
Director, Office of
[[Page 60086]]
Law Enforcement, National Oceanic and Atmospheric Administration, 8484
Georgia Avenue, Suite 415, Silver Spring, MD 20910. Mark the outside of
the envelope ``Draft Asset Forfeiture Fund Policy Comments''; or
Fax to 301-427-2055 noting ``Draft Asset Forfeiture Fund
Policy Comments.''
FOR FURTHER INFORMATION CONTACT: Mr. Mark Paterni, Assistant Director,
Office of Law Enforcement, National Oceanic and Atmospheric
Administration, 8484 Georgia Avenue, Suite 415, Silver Spring, MD
20910, (telephone 301-427-2300).
SUPPLEMENTARY INFORMATION:
I. Proposed Policy on Prohibited and Authorized Uses of the Asset
Forfeiture Fund
Strong management and oversight of the Asset Forfeiture Fund (AFF)
is essential to restoring the public's trust in the National Oceanic
and Atmospheric Administration's (NOAA) Enforcement Program. It is the
goal of the Department of Commerce and NOAA to establish a stringent
policy for effective oversight of the AFF that will ensure no conflict
of interest -- real or perceived - associated with its use while
continuing to promote a sound enforcement program dedicated to
conserving and protecting our nation's marine resources. This policy
statement provides clear guidance on the approved uses of the AFF that
are consistent with applicable legal authority and that will help
assure those regulated that all fines and penalties are fairly and
equitably assessed based solely on the severity of the violation. This
policy statement also prohibits funding for specific activities. In
addition, the Department will expand the use of AFF funding to include
compliance assistance to better serve the needs of our stakeholders and
improve the way NOAA engages and interacts with its regulated
community.
Monies within the AFF are derived from fines, penalties, and
property forfeitures associated with violations of marine resource laws
(Magnuson-Stevens Act, Endangered Species Act, Marine Mammal Protection
Act, and Lacey Act, among others). The Department believes, as did the
Congress in establishing the AFF and specifying the allowable uses,
that it is appropriate to use the proceeds of NOAA's enforcement
program to offset in part the costs of administering that program.
Those who violate these laws should help offset the cost of protecting
our marine resources in lieu of those costs being borne by taxpayers.
Further, the availability of these funds for enforcement reduces the
requirement for additional appropriations and expands NOAA's ability to
respond to violations of the laws it is charged with enforcing. NOAA's
Office of Law Enforcement's (OLE) National Enforcement Operations
Manual and the Office of the General Counsel for Enforcement and
Litigation's (GCEL) Operating Procedures Manual will include the new
policy, along with detailed guidance.
To ensure accountability and transparency in AFF accounting, NOAA
will take a number of actions. The Agency will clearly identify and
track AFF monies received and expended, and centralize the AFF approval
processes for expenditures. Starting with the FY 2012 budget
submission, NOAA will identify and account for the AFF in its annual
budget. Beginning in FY2011, an annual operating budget will be
developed for the AFF based upon the policy, and proposed modifications
to that budget must be approved by the NOAA Chief Financial Officer.
Separately, NOAA will establish appropriate uses of other
enforcement proceeds retained by the Secretary but not part of the AFF.
In particular, NOAA will examine the use of fines and penalties
collected for violations of the Northeast Multispecies Fishery
Management Plan, which under section 311(f) of the Magnuson-Stevens Act
must be used to enforce the Plan.
Prohibited Uses
The policy prohibits the use of the AFF for the following
activities:
Funding for any NOAA employee labor, benefits, or awards;
Funding for any vehicle purchases or leases, including
patrol vehicles, undercover vehicles, all terrain vehicles, vehicles
assigned to agents to carry out their enforcement duties, or associated
equipment, upgrades, modification, or maintenance of current vehicles;
Funding for any vessel purchases or leases, including
patrol vessels, undercover vessels, or associated equipment upgrades,
modification, or maintenance of current vessels;
Funding for any domestic or foreign travel that is not
related to specific investigations, enforcement proceedings, or
required training, such as attendance at general conferences or
seminars except as specifically authorized below;
Funding for any training that is not specifically required
by policy as an integral part of an employee's job as detailed below;
and
Funding for the purchase of any equipment that is not
directly related to a specific investigation or enforcement proceeding,
including weapons and ammunition, uniforms, copiers or facsimile
machines, desktop or laptop computers, Blackberries or other PDAs, cell
phones or radios, video or audio recording equipment; or office
furniture.
Authorized Uses
The policy authorizes funding for certain specific enforcement-
related activities:
Compliance assistance as discussed further below;
Costs directly related to the proper storage of seized
fish, vessels, or other property during a civil or criminal proceeding;
Rewards for information related to enforcement actions;
Valid liens, mortgages, and claims against, or interest
in, seized or forfeited property;
Reimbursement to other Federal or State agencies for
enforcement related services provided pursuant to an agreement entered
into with the Secretary;
Expenditures related directly to specific investigations
and enforcement proceedings; such as interviewing expert witnesses,
witness participation at trials, hearings or depositions, expert
witness fees, case support contracts, or required forensic or evidence
handling supplies;
Attendance at international bi- or multi-lateral meetings
and negotiations to discuss enforcement specific agenda items;
Training and associated travel required by policy for all
enforcement personnel, mandatory courses at the Federal Law Enforcement
Training Center and required field training assignments;
Mandatory annual in-service or national training for OLE
and GCEL employees;
Training for Federal and state partners regarding Federal
statutes and regulations under NOAA's authorities;
Enforcement unique information technology infrastructure,
including hardware, software and maintenance, required specifically for
NOAA's enforcement and legal systems and databases;
Annual interagency agreement and contract costs for the
administrative adjudication process, including Administrative Law
Judges; and,
Efforts to combat international unregulated and unreported
fishing through annual funding to the International Monitoring,
Control, and Surveillance Network.
[[Page 60087]]
Compliance Assistance
The Department will implement activities to better serve the needs
of our stakeholders and improve the way NOAA engages and interacts with
its regulated community. This new component will be aimed at improving
and expanding NOAA's compliance assistance, collaboration, and outreach
activities. The Department will work with the Marine Fisheries Advisory
Committee (additional information at: https://www.nmfs.noaa.gov/ocs/mafac/) to develop proposals for activities or program enhancements
that will improve compliance with all marine resource statutes.
Activities may include, but are not limited to:
Placing a full or part-time Compliance Assistance Liaison
in NMFS Regional Offices as needed, beginning with New England;
Expanding the use of regional enforcement workshops and
training sessions to bring together and educate stakeholders on
regulations and other requirements associated with fishery management
plans, National Marine Sanctuaries, and activities related to the
protection of endangered species and marine mammals;
Educating and involving fishermen in the development of
potential solutions to regional and national enforcement-related
issues; and
Improving communication with regulated communities and the
general public relative to enforcement issues through increased OLE and
GCEL participation in Regional Fishery Management Council meetings or
Sanctuary Advisory Committee meetings, improved websites, easy to
understand compliance guides, and timely electronic or other
notifications of changes in regulations.
These compliance assistance activities would likely be funded by
the AFF through agreements with federal and state partners, or in the
case of efforts addressing NE Multispecies, through enforcement
proceeds available to the Secretary under section 311(f) of the
Magnuson-Stevens Act.
II. Additional Information
Ensuring a Strong Enforcement Program
NOAA and other federal agencies with similar authorities must
maintain adequate funding for enforcement. At the National Enforcement
Summit held in early August, participants stressed the need for
effective and fair enforcement around the country. They offered
suggestions that NOAA should focus more on compliance and outreach to
better balance its deterrence efforts.
The need for a strong enforcement program is widely recognized and
supported as a key component of supporting legal fishers and the
American public through barring illegal imports, ending illegal
domestic harvests, and ensuring safe and wholesome seafood products. As
NOAA completes the broad set of activities aimed at improving its
enforcement programs, including a corrective action plan for the AFF,
NOAA must ensure an adequate funding level is maintained. Otherwise,
the many benefits of a strong enforcement program would be at risk.
Legislative Authorities
The specific statutory authority for use of the fund for certain
enforcement related purposes is found in section 311(e)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1861). Section 311(e)(1) authorizes six types of expenditures: (A) the
reasonable and necessary costs incurred in providing temporary storage,
care, and maintenance of seized fish or other property pending
disposition of any civil or criminal proceeding alleging a violation of
any provision of this Act or any other marine resource law enforced by
the Secretary with respect to that fish or other property; (B) a reward
of not less than 20 percent of the penalty collected or $20,000,
whichever is the lesser amount, to any person who furnishes information
which leads to an arrest, conviction, civil penalty assessment, or
forfeiture of property for any violation of any provision of this Act
or any other fishery resource law enforced by the Secretary; (C) any
expenses directly related to investigations and civil or criminal
enforcement proceedings, including any necessary expenses for
equipment, training, travel, witnesses, and contracting services
directly related to such investigations or proceedings; (D) any valid
liens or mortgages against any property that has been forfeited; (E)
claims of parties in interest to property disposed of under section
612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), as made
applicable by section 310(c) of this Act or by any other marine
resource law enforced by the Secretary, to seizures made by the
Secretary, in amounts determined by the Secretary to be applicable to
such claims at the time of seizure; and (F) reimbursement to any
Federal or State agency, including the Coast Guard, for services
performed, or personnel, equipment, or facilities utilized, under any
agreement with the Secretary entered into pursuant to subsection (a),
or any similar agreement authorized by law.Though not part of the AFF,
section 311(f) provides that fines and penalties collected for
violations of the Northeast Multispecies Fishery Management Plan shall
be used for purposes of enforcing the Plan.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 24, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-24446 Filed 9-24-10; 4:15 pm]
BILLING CODE 3510-22-S
