16386 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

1Memorandum 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). 

Amendment 28 that addresses 

grouper allocation. 

—Recess— 

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 

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 

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. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 16387 

2This 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. 

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. 

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 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 

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 


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