Enforcement of the Magnuson Fishery Conservation and Management Act and Related Laws and Regulations: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, Second Session, October 1, 1992
United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
U.S. Government Printing Office, 1992 - Fishery conservation - 92 pages
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20 days ability action addition Administrative Law Administrator Agency agents amount answer appear applicable appropriate assessed attorney authorized catch certified circumstances civil penalty claim Commerce considered copy Counsel count court criminal decision Department deposition determines discovery discretion disposal documents effective enforcement evidence exhibits facts Federal filed final findings fisheries fishermen fishing forfeiture FRANK going granted hearing important individual initial interest involved issued Judge limited matter means motion NOAA NOAA's notice NOVA objections Office opportunity otherwise owner paragraph particular party period permit person petition present prior procedures proceeding proceeds proposed question reasonable receipt record Regional regulations relevant request respondent rules sanction scallops schedule seized seizure served settlement specified statute submit Subpart taken testimony United unless vessel violation witnesses written written warning
Page 53 - ... agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and (14) "ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter.
Page 52 - Major rule" means any regulation that is likely to result in: (1 ) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. (c)...
Page 56 - Secretary upon satisfactory proof, to be furnished in such manner as he shall direct, that the applicant, at the time of the seizure and sale of the property in question, did not know of the seizure, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fraud on the part of the owner of such property.
Page 57 - All written motions shall state clearly and concisely the purpose of and the relief sought by the motion, the statutory or principal authority relied upon, and the facts claimed to constitute the grounds requiring the relief requested; and shall conform with the requirements of Subpart H of this part.
Page 56 - Government body: Provided, That where a decision or part thereof rests on the official notice of a material fact not appearing in the evidence of the record, the fact of official notice shall...
Page 15 - ... to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement...
Page 57 - Failure to appear. (a) If a party fails to appear after proper service of notice, the hearing may proceed. A notation of failure to appear will be made in the record, and the hearing may be conducted with the parties then present, or may be terminated if the Judge determines that proceeding with the hearing will not aid the decisions!
Page 55 - States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
Page 56 - ... in the NOVA. (f) Issues regarding ability to pay will not be considered in an administrative review of an initial decision if the financial information was not previously presented by the respondent to the Judge at the hearing. Subpart C — Hearing and Appeal Procedures GENERAL § 904.200 Scope and applicability. (a) This subpart sets forth the procedures governing the conduct of hearings and the issuance of initial and final decisions of NOAA in administrative proceedings involving alleged...
Page 56 - Rule on requests for appearance of witnesses or production of documents and take appropriate action upon failure of a party to effect the appearance or production of a witness or document ruled relevant and necessary to the proceeding; as authorized by law, issue subpoenas for the appearance of witnesses or production of documents...