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 |
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20 days ability to pay action administered by NOAA Administrative Law Judge Agency counsel alleged violation appeal applicable statute appropriate Atmospheric Administration attorney authorized BARNET CAMPBELL catch certified mail civil penalty Coast Guard CONG CONGRESS THE LIBRARY criminal Department of Commerce deposition discretion district court documents Endangered Species Act enforcement officer evidence facts Federal Register filed fishermen FRANK initial decision involved issuance issued Kvilhaug Lacey Act LIBRARY CONGRESS LIBRARY OF CONGRES LIBRARY OF CONGRESS Magnuson Act Magnuson Fishery Conservation March 31 matter meat count Mickelson National Oceanic NIDP NMFS NOPS Notice of Violation NOVA Oceanic and Atmospheric offense paragraph party penalty amount permit holder permit sanction person petition prior prosecution record Regional Counsel respondent Rules and Regulations scallops sea scallop seized property seizure specified strict liability subcommittee submit Subpart subpoena summary settlement testimony vessel owner witnesses written warning
Popular passages
Page 68 - prepared in anticipation of litigation except upon a showing that the party seeking discovery has a substantial need for the materials in preparation of his or her case, and is unable without undue hardship to obtain the substantial equivalent of the
Page 68 - judge may allow additional discovery only upon a showing of relevance, need, and reasonable scope of the evidence sought, by one or more of the following methods- deposition upon oral examination or written questions. written interrogatories, production of documents or things for inspection and other purposes, and requests for admission. (c) Time limits. Motions for depositions,
Page 68 - that exceptional circumstances make it desirable, in the interest of justice, to allow the deposition to be used. (3) If only part of a deposition is offered in evidence by a party, any
Page 68 - may discover the substance of the facts and opinions to which an expert witness is expected to testify and a summary of the grounds for each opinion. A party may also discover facts known or opinions held by an expert consulted by another party in anticipation of litigation but
Page 66 - discretion, having due regard for the convenience and necessity of the parties and witnesses: (c) Schedule and regulate the course of the hearing and the conduct of the participants and the media, including the power to close the hearings in the interests of justice; seal the record from public scrutiny
Page 68 - obtain such facts or opinions by other means. (f) Failure to comply. If a party fails to comply with any subpoena or order concerning discovery, the Judge may. In the interest of justice: (1) Infer that the admission, testimony. documents, or other evidence would have been adverse
Page 86 - 1. A finding of a material fact is clearly erroneous based upon the evidence in the record; 2. A necessary legal conclusion is contrary to law or precedent; 3. A substantial and important question of law, policy, or discretion is involved; or 4. A prejudicial procedural error has occurred.
Page 62 - or prices for consumer*, individual industries. Federal. State or local government agencies, or geographic regions: or (3) significant advene effects on competition, employment investment*, productivity, innovation, or on the ability of
Page 73 - seizure. Except where the owner, consignee, or other party that the facts of record indicate has an Interest in the seized property is personally notified, or where seizure is made under a search warrant. NOAA will, as soon as practicable following the seizure or other receipt of seized property, mail
Page 68 - the party. (2) Rule that the matter or matters covered by the order or subpoena are established adversely to the party: (3) Rule that the party may not introduce Into evidence or otherwise rely upon, in support