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, 1992U.S. Government Printing Office, 1992 - 92 páginas |
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Página 41
... initial entry into the premises or the taking of the property . Mr. FRANK . Mr. Barnet . Mr. BARNET . On the economic forefront , let's bear in mind that the vessels and crews out of the Port of New Bedford work on a traditional lay ...
... initial entry into the premises or the taking of the property . Mr. FRANK . Mr. Barnet . Mr. BARNET . On the economic forefront , let's bear in mind that the vessels and crews out of the Port of New Bedford work on a traditional lay ...
Página 45
... initial actions , we have a very good record . In every instance where an action has been appealed to the district court , NOAA's action on the ALJ level has been upheld . In only two instances has the fine amount been reduced . The ...
... initial actions , we have a very good record . In every instance where an action has been appealed to the district court , NOAA's action on the ALJ level has been upheld . In only two instances has the fine amount been reduced . The ...
Página 47
... initial step in remedying a violation by removing the ill - gotten gains of the offense . NOAA and the Coast Guard also refer vessel forfeiture cases to the U.S. attorney's office when remedies would not prove adequate deterrence ...
... initial step in remedying a violation by removing the ill - gotten gains of the offense . NOAA and the Coast Guard also refer vessel forfeiture cases to the U.S. attorney's office when remedies would not prove adequate deterrence ...
Página 52
... initial decision which becomes the final decision of NOAA unless one of the parties files a petition for review by the NOAA Administrator within 30 days . Review is 6 discretionary with the Administrator and is limited to the 52.
... initial decision which becomes the final decision of NOAA unless one of the parties files a petition for review by the NOAA Administrator within 30 days . Review is 6 discretionary with the Administrator and is limited to the 52.
Página 55
... initial step in remedying a violation by removing the ill - gotten gains of the offense .... " ( See 50 CFR 621.2 ( b ) . ) NOAA and the Coast Guard also refer vessel forfeiture cases to the U.S. Attorney when other remedies would not ...
... initial step in remedying a violation by removing the ill - gotten gains of the offense .... " ( See 50 CFR 621.2 ( b ) . ) NOAA and the Coast Guard also refer vessel forfeiture cases to the U.S. Attorney when other remedies would not ...
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Términos y frases comunes
20 days action administered by NOAA Administrative Law Judge Agency counsel Agency employee involved appeal applicable statute appropriate Atmospheric Administration authorized BARNET catch certified mail civil penalty claim copy criminal Department of Commerce deposition discovery discretion discretionary review district court documents Endangered Species Act enforcement officer evidence Ex parte communications facts Federal Register filed fishermen fishing FRANK hearing initial decision issuance issued Kvilhaug Lacey Act Magnuson Act March 31 matter meat count National Oceanic NMFS NOVA Oceanic and Atmospheric offense Pacific Halibut paragraph party permit holder permit sanction person petition for discretionary petitioner proposed findings prosecution reasonable record Regional Counsel registered or certified remission or mitigation respondent respondent's restoration of proceeds return receipt requested Rules and Regulations scallops schedule sea scallop seized property seizure served specified statute administered strict liability submit Subpart subpoena testimony witnesses written warning
Pasajes populares
Página 61 - ... 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.
Página 60 - 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)...
Página 71 - 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.
Página 65 - 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.
Página 64 - 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...
Página 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...
Página 65 - 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!
Página 63 - 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.
Página 64 - ... 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...
Página 64 - 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...