NOAA Policy on Prohibited and Approved Uses of the Asset Forfeiture Fund, 16386-16387 [2011-6869]
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Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices
Amendment 28 that addresses
grouper allocation.
—Recess—
jlentini on DSKJ8SOYB1PROD with NOTICES
Tuesday, April 12, 2011
8:30 a.m.–11:30 a.m. & 1 p.m.–3 p.m.—
The Sustainable Fisheries/
Ecosystem Management Committee
will review a public hearing draft of
the Generic Annual Catch Limits/
Accountability Measure
Amendment. The Committee will
also review sector separation
scenarios.
3 p.m.–5 p.m.—The Coastal Migratory
Pelagics (Mackerel) Management
Committee will review the public
hearing draft of Amendment 18 to
the Coastal Migratory Pelagics
Fishery Management Plan
—Recess—
Immediately Following Committee
Recess—There will be an informal
open public question and answer
session on Gulf of Mexico Fishery
Management Issues.
Wednesday, April 13, 2011
8:30 a.m.–11:30 a.m. & 1 p.m.–3:15
p.m.—The Reef Fish Management
Committee will discuss the final
action on the gag interim rule;
review a public hearing draft of
Reef Fish Amendment 32 to the
Reef Fish Fishery Management
Plan; received a report on the
greater amberjack update
assessment; receive a summary of
the scoping meetings on the Earned
Income Requirement/Crew Size
Amendment to the Reef Fish
Fishery Management Plan; and
receive a report on the Reef Fish
Limited Access Privilege Program
Advisory Panel meeting.
3:15 p.m.–3:30 p.m.–The Joint Shrimp/
Reef Fish Management Committee
will discuss the adjustment to the
shrimp trawl red snapper bycatch
mortality target goal.
Although other non-emergency issues
not on the agendas may come before the
Council and Committees for discussion,
in accordance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), those issues may not be the subject
of formal action during these meetings.
Actions of the Council and Committees
will be restricted to those issues
specifically identified in the agendas
and any issues arising after publication
of this notice that require emergency
action under Section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take action to address the
emergency. The established times for
addressing items on the agenda may be
VerDate Mar<15>2010
16:46 Mar 22, 2011
Jkt 223001
adjusted as necessary to accommodate
the timely completion of discussion
relevant to the agenda items. In order to
further allow for such adjustments and
completion of all items on the agenda,
the meeting may be extended from, or
completed prior to the date/time
established in this notice.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Kathy Pereira at
the Council (see ADDRESSES) at least 5
working days prior to the meeting.
Dated: March 18, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–6878 Filed 3–22–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ29
NOAA Policy on Prohibited and
Approved Uses of the Asset Forfeiture
Fund
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
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
Secretary. Fines, penalties, and
forfeitures of property received by
NOAA are deposited in an enforcement
asset forfeiture fund. NOAA finalized its
policy on March 16, 2011, to clearly
articulate prohibited and approved 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. NOAA Policy on Prohibited and
Approved Uses of the Asset Forfeiture
Fund
Strong management and oversight of
the Asset Forfeiture Fund (AFF) is
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
essential to ensuring the public’s trust
in the National Oceanic and
Atmospheric Administration’s (NOAA)
Enforcement Program. While the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) provides broad
statutory authority for use of the AFF,1
the Department of Commerce and
NOAA are implementing this policy
limiting approved uses as a means of
ensuring no conflict of interest—real or
perceived—is associated with the use of
the AFF while continuing to promote a
sound enforcement program dedicated
to conserving and protecting our
Nation’s marine resources. To this end,
the policy provides guidance on the
prohibited and approved uses of the
AFF that are consistent with but
narrower than that authorized under
applicable legal authorities. The AFF
will also be used for compliance
assistance activities, consistent with
legal authorities, to better serve the
needs of our stakeholders and improve
the way NOAA engages and interacts
with its regulated community.
The Department believes, as did
Congress in establishing the AFF and
specifying the authorized 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.
To ensure accountability and
transparency in AFF accounting, NOAA
has taken a number of actions to
improve oversight, management, and
tracking of the AFF in addition to this
policy. NOAA has identified and is
tracking AFF monies received and
expended, and has centralized the AFF
approval processes for expenditures. In
the FY 2012 budget submission, NOAA
will identify and account for the AFF in
its annual budget. For FY 2011, an
annual operating budget has been
developed for the AFF based upon this
policy, and modifications to that budget
must be approved by the NOAA Chief
Financial Officer.
1 Memorandum from Cameron F. Kerry,
Commerce Department General Counsel, and Lois
Schiffer, NOAA General Counsel, Legal Opinion
Regarding Collection and Use of Fines, Penalties,
and Forfeiture Proceeds Pursuant to Section
311(e)(1) of the Magnuson-Stevens, Fishery
Conservation and Management Act (Feb. 28, 2011).
E:\FR\FM\23MRN1.SGM
23MRN1
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices
This policy specifically applies only
to funding 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) and
expended by NOAA’s enforcement
program (OLE and GCEL) under section
311(e)(1)(A)–(F) and 311(f)(4) of the
Magnuson-Stevens Act.2 NOAA has
established detailed accounting
measures to track receipts and control
expenditures under these authorities.
In particular, NOAA has established
separate budget codes to segregate fines
and penalties collected under section
311(f)(4) (for violations of the Northeast
Multispecies Fishery Management Plan)
within the larger AFF to ensure those
funds are expended in New England
and subject to the provisions of this
policy.
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 and any additional
guidance.
jlentini on DSKJ8SOYB1PROD with NOTICES
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
2 This
policy does not address certain proceeds
collected and disbursed pursuant to 16 U.S.C. 973o
(South Pacific Tuna Act), 16 U.S.C. 1437(f)(1)(C)
(National Marine Sanctuaries Act), and 16 U.S.C.
1824(e)(8) (governing the Western Pacific Insular
Areas). Those proceeds are segregated from the AFF
and subject to the specific uses detailed in those
statutory provisions.
VerDate Mar<15>2010
16:46 Mar 22, 2011
Jkt 223001
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.
Approved Uses
The policy approves the use of the
AFF for certain specific enforcementrelated 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 of not less than 20 percent
of the penalty collected or $20,000,
whichever is the lesser amount, 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 NOAA;
• Expenditures directly related to
specific investigations and enforcement
proceedings; such as travel specific to
an individual investigation or
individual case or enforcement
proceeding, interviewing expert
witnesses, witness participation at
trials, hearings or depositions, expert
witness fees, case support contracts,
forensic examinations, or required
forensic or evidence handling supplies;
• Attendance at international and
domestic 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;
• 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;
• Interagency agreement and contract
costs for the administrative adjudication
process, including Administrative Law
Judges;
• Costs associated with review of past
enforcement actions in the aggregate
(e.g. hiring a third party to review past
PO 00000
Frm 00012
Fmt 4703
Sfmt 9990
16387
investigations and enforcement
proceedings conducted by NOAA);
• Efforts to combat international
unregulated and unreported fishing
through annual funding to the
International Monitoring, Control, and
Surveillance Network ; and,
• Costs related to independent audits
of the fund to ensure proper collection
and use of fines, penalties, and
forfeiture proceeds.
Compliance Assistance
The Department is implementing
activities to better serve the needs of its
stakeholders and improve the way
NOAA engages and interacts with its
regulated community. This new
component is aimed at improving and
expanding NOAA’s compliance
assistance, collaboration, and outreach
activities. Activities funded from the
AFF may include, but are not limited to:
• 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.
Consistent with section 311(e)(1)(F) of
the Magnuson-Stevens Act, 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 Northeast Multispecies
specifically, through enforcement
proceeds available to the Secretary
under section 311(f)(4) of the
Magnuson-Stevens Act.
Dated: March 17, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–6869 Filed 3–18–11; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\23MRN1.SGM
23MRN1
]]>Agencies
[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16386-16387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6869]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XZ29
NOAA Policy on Prohibited and Approved Uses of the Asset
Forfeiture Fund
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
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. NOAA finalized its policy on March 16, 2011, to
clearly articulate prohibited and approved 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.
SUPPLEMENTARY INFORMATION:
I. NOAA Policy on Prohibited and Approved Uses of the Asset Forfeiture
Fund
Strong management and oversight of the Asset Forfeiture Fund (AFF)
is essential to ensuring the public's trust in the National Oceanic and
Atmospheric Administration's (NOAA) Enforcement Program. While the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) provides broad statutory authority for use of the AFF,\1\
the Department of Commerce and NOAA are implementing this policy
limiting approved uses as a means of ensuring no conflict of interest--
real or perceived--is associated with the use of the AFF while
continuing to promote a sound enforcement program dedicated to
conserving and protecting our Nation's marine resources. To this end,
the policy provides guidance on the prohibited and approved uses of the
AFF that are consistent with but narrower than that authorized under
applicable legal authorities. The AFF will also be used for compliance
assistance activities, consistent with legal authorities, to better
serve the needs of our stakeholders and improve the way NOAA engages
and interacts with its regulated community.
---------------------------------------------------------------------------
\1\ Memorandum from Cameron F. Kerry, Commerce Department
General Counsel, and Lois Schiffer, NOAA General Counsel, Legal
Opinion Regarding Collection and Use of Fines, Penalties, and
Forfeiture Proceeds Pursuant to Section 311(e)(1) of the Magnuson-
Stevens, Fishery Conservation and Management Act (Feb. 28, 2011).
---------------------------------------------------------------------------
The Department believes, as did Congress in establishing the AFF
and specifying the authorized 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.
To ensure accountability and transparency in AFF accounting, NOAA
has taken a number of actions to improve oversight, management, and
tracking of the AFF in addition to this policy. NOAA has identified and
is tracking AFF monies received and expended, and has centralized the
AFF approval processes for expenditures. In the FY 2012 budget
submission, NOAA will identify and account for the AFF in its annual
budget. For FY 2011, an annual operating budget has been developed for
the AFF based upon this policy, and modifications to that budget must
be approved by the NOAA Chief Financial Officer.
[[Page 16387]]
This policy specifically applies only to funding 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) and expended
by NOAA's enforcement program (OLE and GCEL) under section
311(e)(1)(A)-(F) and 311(f)(4) of the Magnuson-Stevens Act.\2\ NOAA has
established detailed accounting measures to track receipts and control
expenditures under these authorities.
---------------------------------------------------------------------------
\2\ This policy does not address certain proceeds collected and
disbursed pursuant to 16 U.S.C. 973o (South Pacific Tuna Act), 16
U.S.C. 1437(f)(1)(C) (National Marine Sanctuaries Act), and 16
U.S.C. 1824(e)(8) (governing the Western Pacific Insular Areas).
Those proceeds are segregated from the AFF and subject to the
specific uses detailed in those statutory provisions.
---------------------------------------------------------------------------
In particular, NOAA has established separate budget codes to
segregate fines and penalties collected under section 311(f)(4) (for
violations of the Northeast Multispecies Fishery Management Plan)
within the larger AFF to ensure those funds are expended in New England
and subject to the provisions of this policy.
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 and any additional guidance.
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.
Approved Uses
The policy approves the use of the AFF 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 of not less than 20 percent of the penalty
collected or $20,000, whichever is the lesser amount, 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 NOAA;
Expenditures directly related to specific investigations
and enforcement proceedings; such as travel specific to an individual
investigation or individual case or enforcement proceeding,
interviewing expert witnesses, witness participation at trials,
hearings or depositions, expert witness fees, case support contracts,
forensic examinations, or required forensic or evidence handling
supplies;
Attendance at international and domestic 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;
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;
Interagency agreement and contract costs for the
administrative adjudication process, including Administrative Law
Judges;
Costs associated with review of past enforcement actions
in the aggregate (e.g. hiring a third party to review past
investigations and enforcement proceedings conducted by NOAA);
Efforts to combat international unregulated and unreported
fishing through annual funding to the International Monitoring,
Control, and Surveillance Network ; and,
Costs related to independent audits of the fund to ensure
proper collection and use of fines, penalties, and forfeiture proceeds.
Compliance Assistance
The Department is implementing activities to better serve the needs
of its stakeholders and improve the way NOAA engages and interacts with
its regulated community. This new component is aimed at improving and
expanding NOAA's compliance assistance, collaboration, and outreach
activities. Activities funded from the AFF may include, but are not
limited to:
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.
Consistent with section 311(e)(1)(F) of the Magnuson-Stevens Act,
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 Northeast Multispecies specifically, through
enforcement proceeds available to the Secretary under section 311(f)(4)
of the Magnuson-Stevens Act.
Dated: March 17, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-6869 Filed 3-18-11; 4:15 pm]
BILLING CODE 3510-22-P
