[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38934-38943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13492]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 904

[Docket No. 220609-0132]
RIN 0648-BI72


Civil Procedures in Civil Administrative Enforcement Proceedings

AGENCY: Office of General Counsel (OGC), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NOAA is amending procedures governing its civil administrative 
enforcement proceedings. The principal changes include updates to 
statutory references, clarifications regarding the Administrator's 
discretionary review, revised directions for appealing a written 
warning, revised requirements for denying a request for admission, and 
revised directions for electronic service related to certain appeals 
and petitions. Other changes remove the requirement for NOAA to 
challenge late hearing requests, simplify the use of electronic 
signatures, rename discovery filings, allow depositions by 
videoconference, require discovery filings to state when a witness is 
expected to testify in a language other than the English language in 
order to arrange interpretation, clarify when failing to pay can be a 
basis for permit sanctions, incorporate Civil Asset Forfeiture Reform 
Act deadlines into administrative forfeiture proceedings,

[[Page 38935]]

and allow NOAA to publish a Notice of Proposed Forfeiture on an 
official government website. In addition, minor changes update titles 
and addresses and correct clerical errors.

DATES: This rule becomes effective August 1, 2022.

FOR FURTHER INFORMATION CONTACT: Patrick Carroll or Meggan Engelke-Ros, 
GCES, (301) 427-2202.

SUPPLEMENTARY INFORMATION: A detailed description of the changes and 
clarifications proposed for regulations at 15 CFR part 904 is found in 
the proposed rule that NOAA published in the Federal Register at 87 FR 
16687 (March 24, 2022) and is not repeated here.

Public Comments Received

    NOAA received one comment from the public during the comment period 
for the proposed rule. This comment is summarized here and is directly 
followed by NOAA's response.
    Comment: The commenter generally suggests that the revisions to 15 
CFR part 904, characterized by NOAA as non-substantive, in fact 
diminish the due process protections afforded to Respondents and 
restrict their ability to contest violations charged under these 
regulations. The commenter also expresses a general belief that this 
revision provides some undue advantage to NOAA, restricts an 
administrative law judge's authority to issue decisions, and makes it 
more difficult for the public to understand their rights within this 
civil administrative process. Specifically, the commenter challenges 
NOAA's explanation that the proposed removal and reservation of 15 CFR 
904.103 merely removes language that is redundant with other existing 
provision; the commenter requests that NOAA explain what language in 15 
CFR 904.103 was redundant.
    Response: As explained within the proposed rule, all of the 
revisions to 15 CFR part 904 merely refine the procedures applicable to 
NOAA's civil administrative enforcement proceedings. The principal 
changes afford greater transparency in the application of the NOAA 
Administrator's discretionary review authority, emphasize impartiality 
within the written warning appeal process, ensure that responses to 
requests for admission mirror similar requirements found in Federal 
Rule of Civil Procedure 36, and clarify the proper channels by which 
certain appeals and petitions for relief may be filed, including new 
and updated mailing and electronic mailing addresses.
    Other changes remove the requirement for NOAA attorneys to 
challenge late hearing requests in all circumstances, and simplify and 
modernize discovery filings, the taking of depositions by 
videoconference, and the arrangement of interpreters. NOAA is also 
clarifying its permit sanction procedures and administrative forfeiture 
proceedings to better explain the application of those provisions, and 
is authorizing the publication of a Notice of Proposed Forfeiture on a 
publically available and official government website to expand the 
available options for achieving effective public notice of the 
information and rights described at 15 CFR 904.504(b)(2).
    Neither the aforementioned revisions nor any of the several 
clerical corrections made in this final rule undermine principles of 
due process or diminish a respondent's right to contest a charged 
violation. Instead, NOAA's amendments increase the accessibility of 
these procedures and advance fair and just outcomes in NOAA's civil 
administrative enforcement proceedings.
    With respect to the commenter's query regarding 15 CFR 904.103, 
that section merely reiterates that hearing requests are governed by 
the procedures set forth in Subpart C of these regulations. 15 CFR 
904.200 explains the scope and applicability of Subpart C, and provides 
that this subpart ``sets forth the procedures governing the conduct of 
hearings.'' In addition, 15 CFR 904.201 specifically addresses the 
filing and receipt of hearing requests as well as the docketing of 
matters with the Office of Administrative Law Judges. Furthermore, the 
various sections within Subpart C all govern hearing and appeal 
procedures. As a result, 15 CFR 904.103 is repetitive of the provisions 
located within Subpart C, and thus, that section is removed and 
reserved to delete redundancy.
    In order to ensure that respondents are apprised of their rights, 
as a matter of practice and as required by these procedural 
regulations, NOAA attorneys provide a copy of 15 CFR part 904 to a 
respondent whenever an enforcement action is initiated against them. 
See 15 CFR 904.101(a)(5). In addition, these regulations remain 
publicly available within the United States Code of Federal 
Regulations, and NOAA continues to include a link to these regulations 
on the NOAA Office of General Counsel website. See https://www.gc.noaa.gov/enforce-office4.html.

Changes From the Proposed Rule

    This final rule contains no changes from the proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no reporting, recordkeeping or other compliance 
requirements in this rule. Nor does this rule contain an information-
collection request that would implicate the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 15 CFR Part 904

    Administrative practice and procedure, fisheries, fishing, fishing 
vessels, penalties, seizures and forfeitures.

    Dated: June 17, 2022.
Walker Smith,
General Counsel, National Oceanic and Atmospheric Administration.

    For reasons set forth in the preamble, 15 CFR part 904 is amended 
as follows:

PART 904--CIVIL PROCEDURES

0
1. The authority citation for part 904 is revised to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 1531 et seq., 16 
U.S.C. 1361 et seq., 16 U.S.C. 3371 et seq., 16 U.S.C. 1431 et seq., 
16 U.S.C. 6901 et seq., 16 U.S.C. 773 et seq., 16 U.S.C. 951 et 
seq., 16 U.S.C. 5001 et seq., 16 U.S.C. 3631 et seq., 42 U.S.C. 9101 
et seq., 30 U.S.C. 1401 et seq., 16 U.S.C. 971 et seq., 16 U.S.C. 
781 et seq., 16 U.S.C. 2431 et seq., 16 U.S.C. 972 et seq., 16 
U.S.C. 916 et seq., 16 U.S.C. 1151 et seq., 16 U.S.C. 3601 et seq., 
16 U.S.C. 1851 note; 15 U.S.C. 330 et seq., 16 U.S.C. 2461 et seq., 
16 U.S.C. 5101 et seq., 16 U.S.C. 1371 et seq., 16 U.S.C. 3601 et 
seq., 16 U.S.C. 1822 note, 16 U.S.C. 4001 et seq., 16 U.S.C. 5501 et 
seq., 16 U.S.C. 5601 et seq., 16 U.S.C. 973 et seq., 16 U.S.C. 
1827a, 16 U.S.C. 7701 et seq., 16 U.S.C. 7801 et seq., 16 U.S.C. 
1826g, 51 U.S.C. 60101 et seq., 16 U.S.C. 7001 et seq., 16 U.S.C. 
7401 et seq., 16 U.S.C. 2401 et seq., 16 U.S.C. 1826k note, 1857 
note, 22 U.S.C. 1980, Pub. L. 116-340, 134 Stat. 5128.


0
2. In Sec.  904.1, revise paragraphs (c)(1) through (34) and add 
paragraphs (c)(35) through (40) to read as follows:

[[Page 38936]]

Sec.  904.1  Purpose and scope.

* * * * *
    (c) * * *
    (1) Anadromous Fish Products Act, 16 U.S.C. 1822 note;
    (2) Antarctic Conservation Act of 1978, 16 U.S.C. 2401 et seq.;
    (3) Antarctic Marine Living Resources Convention Act of 1984, 16 
U.S.C. 2431 et seq.;
    (4) Antarctic Mineral Resources Protection Act of 1990, 16 U.S.C. 
2461 et seq.;
    (5) Atlantic Coastal Fisheries Cooperative Management Act, 16 
U.S.C. 5101 et seq.;
    (6) Atlantic Salmon Convention Act of 1982, 16 U.S.C. 3601 et seq.;
    (7) Atlantic Striped Bass Conservation Act, 16 U.S.C. 1851 note;
    (8) Atlantic Tunas Convention Act of 1975, 16 U.S.C. 971 et seq.;
    (9) Billfish Conservation Act of 2012, 16 U.S.C. 1827a;
    (10) DESCEND Act of 2020, Public Law 116-340, 134 Stat. 5128;
    (11) Deep Seabed Hard Mineral Resources Act, 30 U.S.C. 1401 et 
seq.;
    (12) Dolphin Protection Consumer Information Act, 16 U.S.C. 1371 et 
seq.;
    (13) Driftnet Impact Monitoring, Assessment, and Control Act, 16 
U.S.C. 1822 note;
    (14) Eastern Pacific Tuna Licensing Act of 1984, 16 U.S.C. 972 et 
seq.;
    (15) Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.;
    (16) Ensuring Access to Pacific Fisheries Act, 16 U.S.C. 7701 et 
seq. (North Pacific), 16 U.S.C. 7801 et seq. (South Pacific);
    (17) Fish and Seafood Promotion Act of 1986, 16 U.S.C. 4001 et 
seq.;
    (18) Fisherman's Protective Act of 1967, 22 U.S.C. 1980;
    (19) Fur Seal Act Amendments of 1983, 16 U.S.C. 1151 et seq.;
    (20) High Seas Driftnet Fishing Moratorium Protection Act, 16 
U.S.C. 1826g;
    (21) High Seas Fishing Compliance Act, 16 U.S.C. 5501 et seq.;
    (22) Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;
    (23) Land Remote Sensing Policy Act of 1992, as amended, 51 U.S.C. 
60101 et seq.;
    (24) Magnuson-Stevens Fishery Conservation and Management Act, 16 
U.S.C. 1801 et seq.;
    (25) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.;
    (26) National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq.;
    (27) North Pacific Anadromous Stocks Convention Act of 1992, 16 
U.S.C. 5001 et seq.;
    (28) Northern Pacific Halibut Act of 1982, 16 U.S.C. 773 et seq.;
    (29) Northwest Atlantic Fisheries Convention Act of 1995, 16 U.S.C. 
5601 et seq.;
    (30) Ocean Thermal Energy Conversion Act of 1980, 42 U.S.C. 9101 et 
seq.;
    (31) Pacific Salmon Treaty Act of 1985, 16 U.S.C. 3631 et seq.;
    (32) Pacific Whiting Act of 2006, 16 U.S.C. 7001 et seq.;
    (33) Port State Measures Agreement Act of 2015, 16 U.S.C. 7401 et 
seq.;
    (34) Shark Conservation Act of 2010, 16 U.S.C. 1826k note, 1857 
note;
    (35) South Pacific Tuna Act of 1988, 16 U.S.C. 973 et seq.;
    (36) Sponge Act, 16 U.S.C. 781 et seq.;
    (37) Tuna Conventions Act of 1950, 16 U.S.C. 951 et seq.;
    (38) Weather Modification Reporting Act, 15 U.S.C. 330 et seq.;
    (39) Western and Central Pacific Fisheries Convention 
Implementation Act, 16 U.S.C. 6901 et seq.; and
    (40) Whaling Convention Act of 1949, 16 U.S.C. 916 et seq.
* * * * *

0
3. In Sec.  904.2:
0
a. Remove the definition of ``ALJ Docketing Center'';
0
b. Revise the definitions of ``Applicable statute'', ``Authorized 
officer'', and ``Final administrative decision''; and
0
c. Remove the definition of ``PPIP''.
    The revisions read as follows:


Sec.  904.2  Definitions and acronyms.

* * * * *
    Applicable statute means a statute cited in Sec.  904.1(c), and any 
regulations issued by NOAA to implement it.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard (USCG);
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary of 
Commerce to enforce the provisions of any statute administered by NOAA; 
or
    (4) Any USCG personnel accompanying and/or acting under the 
direction of any person described in paragraph (1), (2), or (3) of this 
definition.
* * * * *
    Final administrative decision means an order or decision of NOAA 
assessing a civil penalty, permit sanction, or written warning, which 
is not subject to further Agency review under this part, and which is 
subject to collection proceedings or judicial review in an appropriate 
Federal district court as authorized by law.
* * * * *

0
4. Revise Sec.  904.3 to read as follows:


Sec.  904.3  Filing and service.

    (a) Service of a NOVA (Sec.  904.101), NOPS (Sec.  904.302), NIDP 
(Sec.  904.303), Notice of Proposed Forfeiture (Sec.  904.504), Notice 
of Seizure (Sec.  904.501), Notice of Summary Sale (Sec.  904.505), 
Written Warning (Sec.  904.402), or Initial Decision (Sec.  904.271) 
may be made by certified mail (return receipt requested), electronic 
transmission, or third party commercial carrier to an addressee's last 
known address or by personal delivery. Service of a notice under this 
subpart will be considered effective upon receipt.
    (b) Service of documents and papers, other than those described in 
paragraph (a) of this section, may be made by first class mail (postage 
prepaid), electronic transmission, or third party commercial carrier, 
to an addressee's last known address or by personal delivery. Service 
of documents and papers will be considered effective upon the date of 
postmark (or as otherwise shown for government-franked mail), delivery 
to third party commercial carrier, electronic transmission, or upon 
personal delivery.
    (c) Whenever this part requires service of a document or other 
paper referred to in paragraph (a) or (b) of this section, such service 
may effectively be made on the agent for service of process, on the 
attorney for the person to be served, or other representative. Refusal 
by the person to be served (including an agent, attorney, or 
representative) of service of a document or other paper will be 
considered effective service of the document or other paper as of the 
date of such refusal. In cases where a document or paper described in 
paragraph (a) of this section is returned unclaimed, service will be 
considered effective if the U.S. Postal Service provides an affidavit 
stating that the party was receiving mail at the same address during 
the period when certified service was attempted.
    (d) Any documents and other papers filed or served must be signed:
    (1) By the person or persons filing the same;
    (2) By an officer thereof if a corporation;
    (3) By an officer or authorized employee if a government 
instrumentality; or
    (4) By an attorney or other person having authority to sign.

0
5. In Sec.  904.4, revise the first sentence to read as follows:

[[Page 38937]]

Sec.  904.4  Computation of time periods.

    For a NOVA, NOPS or NIDP, the 30-day response period begins to run 
on the date the notice is received. * * *

0
6. In Sec.  904.101, revise paragraph (a) introductory text to read as 
follows:


Sec.  904.101  Notice of violation and assessment (NOVA).

    (a) A NOVA will be issued by NOAA and served on the respondent(s). 
The NOVA will contain:
* * * * *

0
7. In Sec.  904.102, revise paragraphs (c) and (d) to read as follows:


Sec.  904.102  Procedures upon receipt of a NOVA.

* * * * *
    (c) The respondent may, within the 30-day period specified in 
paragraph (a) of this section, request an extension of time to respond. 
Agency counsel may grant an extension of up to 30 days unless he or she 
determines that the requester could, exercising reasonable diligence, 
respond within the 30-day period. If Agency counsel does not respond to 
the request within 48 hours of its receipt, the request is granted 
automatically for the extension requested, up to a maximum of 30 days. 
A telephonic response to the request within the 48-hour period is 
considered an effective response, and will be followed by written 
confirmation.
    (d) Agency counsel may, for good cause, grant an additional 
extension beyond the 30-day period specified in paragraph (c) of this 
section.


Sec.  904.103  [Removed and Reserved]

0
8. Remove and reserve Sec.  904.103.

0
9. In Sec.  904.105, revise paragraph (a) to read as follows:


Sec.  904.105  Payment of final civil penalty.

    (a) Respondent must make full payment of the civil penalty within 
30 days of the date upon which the NOVA becomes effective as the final 
administrative decision and order of NOAA under Sec.  904.104 or the 
date of the final administrative decision as provided in subpart C of 
this part, as directed by NOAA. Payment must be made in accordance with 
the bill and instructions provided by NOAA.
* * * * *

0
10. In Sec.  904.107, revise paragraph (b) to read as follows:


Sec.  904.107  Joint and several respondents.

* * * * *
    (b) A hearing request by one joint and several respondent is 
considered a request by the other joint and several respondent(s). 
Agency counsel, having received a hearing request from one joint and 
several respondent, will send a copy of it to the other joint and 
several respondent(s) in the case. However, if the requesting joint and 
several respondent settles with the Agency prior to the hearing, upon 
notification by the Agency, any remaining joint and several 
respondent(s) must affirmatively request a hearing within the time 
period specified or the case will be removed from the hearing docket as 
provided in Sec.  904.213.
* * * * *

0
11. In Sec.  904.108, revise paragraphs (e), (f), and (h) to read as 
follows:


Sec.  904.108  Factors considered in assessing civil penalties.

* * * * *
    (e) Financial information regarding respondent's ability to pay 
should be submitted to Agency counsel as soon as possible after the 
receipt of the NOVA. If a respondent has requested a hearing on the 
violation alleged in the NOVA and wants the Initial Decision of the 
Judge to consider his or her inability to pay, verifiable, complete, 
and accurate financial information must be submitted to Agency counsel 
at least 30 days in advance of the hearing, except where the applicable 
statute expressly provides for a different time period. No information 
regarding the respondent's ability to pay submitted by the respondent 
less than 30 days in advance of the hearing will be admitted at the 
hearing or considered in the Initial Decision of the Judge, unless the 
Judge rules otherwise. If the Judge decides to admit any information 
related to the respondent's ability to pay submitted less than 30 days 
in advance of the hearing, Agency counsel will have 30 days to respond 
to the submission from the date of admission. In deciding whether to 
submit such information, the respondent should keep in mind that the 
Judge may assess a civil penalty either greater or smaller than that 
assessed 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 
prior to or at the hearing.
* * * * *
    (h) Whenever a statute requires NOAA to take into consideration a 
respondent's ability to pay when assessing a civil penalty and the 
respondent has requested a hearing on the violation alleged in the 
NOVA, the Agency must submit information on the respondent's financial 
condition so that the Judge may consider that information, along with 
any other factors required to be considered, in the Judge's assessment 
of a civil penalty. Agency counsel may obtain such financial 
information through discovery procedures under Sec.  904.240, or 
otherwise. A respondent's refusal or failure to respond to such 
discovery requests may serve as the basis for inferring that such 
information would have been adverse to any claim by respondent of 
inability to pay the assessed civil penalty, or result in respondent 
being barred from asserting financial hardship.

0
12. In Sec.  904.200, revise paragraph (a) to read as follows:


Sec.  904.200  Scope and applicability.

    (a) This subpart sets forth the procedures governing the conduct of 
hearings and the issuance of initial and final administrative decisions 
of NOAA involving alleged violations of the laws cited in Sec.  
904.1(c) and any other laws or authorities administered by NOAA and 
regulations implementing these laws, including civil penalty 
assessments and permit sanctions and denials. By separate regulation, 
these rules may be applied to other proceedings.
* * * * *

0
13. Revise Sec.  904.201 to read as follows:


Sec.  904.201  Hearing requests and case docketing.

    (a) If the respondent wishes a hearing on a NOVA, NOPS or NIDP, the 
request must be dated and in writing, and must be served in conformance 
with Sec.  904.3 on the Agency counsel specified in the notice. The 
respondent must either attach a copy of the NOVA, NOPS or NIDP or refer 
to the relevant NOAA case number. Agency counsel will promptly forward 
the request for hearing to the Office of Administrative Law Judges.
    (b) Any party requesting a hearing under Sec.  904.102(a)(3) must 
provide current contact information, including a working telephone 
number and email address (if one is available). The Agency and the 
Office of Administrative Law Judges must be promptly notified of any 
changes to this information.
    (c) If a written application is made to NOAA after the expiration 
of the time period established in this part for the required filing of 
hearing requests, Agency counsel will promptly forward the request for 
hearing along with documentation of service and any other relevant 
materials to the Office of Administrative Law Judges for a 
determination on whether such request shall be considered timely filed. 
Determinations by the Judge regarding

[[Page 38938]]

untimely hearing requests under this section shall be in writing.
    (d) Upon its receipt for filing in the Office of Administrative Law 
Judges, each request for hearing will be promptly assigned a docket 
number and thereafter the proceeding will be referred to by such 
number. Written notice of the assignment of hearing to a Judge will 
promptly be given to the parties.

0
14. In Sec.  904.202, revise paragraph (a) to read as follows:


Sec.  904.202  Filing of documents.

    (a) Pleadings, papers, and other documents in the proceeding must 
be filed directly with the Office of Administrative Law Judges, be 
served on all other parties, and conform with all applicable 
requirements of Sec.  904.3.
* * * * *

0
15. In Sec.  904.204, revise paragraphs (a) and (m) to read as follows:


Sec.  904.204  Duties and powers of Judge.

* * * * *
    (a) Rule on timeliness of hearing requests pursuant to Sec.  
904.201(c);
* * * * *
    (m) Assess a civil penalty or impose a permit sanction, condition, 
revocation, or denial of permit application, taking into account all of 
the factors required by applicable law;
* * * * *

0
16. In Sec.  904.206, revise paragraphs (a), (b), and (d) to read as 
follows:


Sec.  904.206  Pleadings, motions, and service.

    (a) The original of all pleadings and documents must be filed with 
the Judge and a copy served on the Office of Administrative Law Judges 
and each party. All pleadings or documents when submitted for filing 
must show that service has been made upon all parties. Such service 
must be made in accordance with Sec.  904.3(b).
    (b) Pleadings and documents to be filed may be reproduced by 
printing or any other process, provided the copies are clear and 
legible; must be dated, signed; and must show the docket description 
and title of the proceeding, and the title, if any, address, and 
telephone number of the signatory. If typewritten, the impression may 
be on only one side of the paper and must be double spaced, if 
possible, except that quotations may be single spaced and indented.
* * * * *
    (d) Unless otherwise provided, the answer to any written motion, 
pleading, or petition must be served within 20 days after service of 
the motion. If a motion states that opposing counsel has no objection, 
it may be acted upon as soon as practicable, without awaiting the 
expiration of the 20-day period. Answers must be in writing, unless 
made in response to an oral motion made at a hearing; must fully and 
completely advise the parties and the Judge concerning the nature of 
the opposition; must admit or deny specifically and in detail each 
material allegation of the pleading answered; and must state clearly 
and concisely the facts and matters of law relied upon. Any new matter 
raised in an answer will be deemed controverted.
* * * * *

0
17. Revise Sec.  904.209 to read as follows:


Sec.  904.209  Expedited administrative proceedings.

    In the interests of justice and administrative efficiency, the 
Judge, on his or her own initiative or upon the application of any 
party, may expedite the administrative proceeding. A motion by a party 
to expedite the administrative proceeding may, at the discretion of the 
Judge, be made orally or in writing with concurrent actual notice to 
all parties. Upon granting a motion to expedite the scheduling of an 
administrative proceeding, the Judge may expedite pleading schedules, 
prehearing conferences and the hearing, as appropriate. If a motion for 
an expedited administrative proceeding is granted, a hearing on the 
merits may not be scheduled with less than 5 business days' notice, 
unless all parties consent to an earlier hearing.

0
18. Revise Sec.  904.214 to read as follows:


Sec.  904.214  Stipulations.

    The parties may, by stipulation, agree upon any matters involved in 
the administrative proceeding and include such stipulations in the 
record with the consent of the Judge. Written stipulations must be 
signed and served on all parties.

0
19. In Sec.  904.216, revise paragraph (a) introductory text to read as 
follows:


Sec.  904.216  Prehearing conferences.

    (a) Prior to any hearing or at any other time deemed appropriate, 
the Judge may, upon his or her own initiative, or upon the application 
of any party, direct the parties to appear for a conference or arrange 
a telephone conference. The Judge shall provide at least 24 hours' 
notice of the conference to the parties, and shall record such 
conference by audio recording or court reporter, to consider:
* * * * *

0
20. In Sec.  904.240, revise paragraphs (a), (b), and (f) introductory 
text to read as follows:


Sec.  904.240  Discovery generally.

    (a) Initial Disclosures. Prior to hearing, the Judge shall require 
the parties to submit Initial Disclosures and set a deadline for their 
submission. Except for information regarding a respondent's ability to 
pay an assessed civil penalty, these Initial Disclosures will normally 
obviate the need for further discovery.
    (1) The Initial Disclosures shall include the following 
information: A factual summary of the case; a summary of all factual 
and legal issues in dispute; a list of all defenses that will be 
asserted, together with a summary of all factual and legal bases 
supporting each defense; a list of all potential witnesses, together 
with a summary of their anticipated testimony; and a list of all 
potential exhibits.
    (2) The Initial Disclosures must be signed by the parties or their 
attorneys and must be served on all parties in conformance with Sec.  
904.3, along with a copy of each potential exhibit listed therein.
    (3) A party has the affirmative obligation to supplement their 
Initial Disclosures as available information or documentation relevant 
to the stated charges or defenses becomes known to the party.
    (b) Additional discovery. Upon written motion by a party, the 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. With 
respect to information regarding a respondent's ability to pay an 
assessed civil penalty, the Agency may serve any discovery request 
(i.e., deposition, interrogatories, admissions, production of 
documents) directly upon the respondent in conformance with Sec.  904.3 
of this part without first seeking an order from the Judge.
* * * * *
    (f) Failure to comply. If a party fails to comply with any 
provision of this section, including with respect to their Initial 
Disclosures, a subpoena, or an order concerning discovery, the Judge 
may, in the interest of justice:
* * * * *

0
21. In Sec.  904.241, revise paragraphs (a), (c), and (d)(1) to read as 
follows:

[[Page 38939]]

Sec.  904.241  Depositions.

    (a) Notice. If a motion for deposition is granted, and unless 
otherwise ordered by the Judge, the party taking the deposition of any 
person must serve on that person and on any other party written notice 
at least 15 days before the deposition would be taken (or 25 days if 
the deposition is to be taken outside the United States). The notice 
must state the name and address of each person to be examined, the time 
and place where the examination would be held, the name, mailing 
address, telephone number, and email address (if one is available) of 
the person before whom the deposition would be taken, and the subject 
matter about which each person would be examined.
* * * * *
    (c) Alternative deposition methods. By order of the Judge, the 
parties may use other methods of deposing parties or witnesses, such as 
telephonic depositions, depositions through videoconference, or 
depositions upon written questions. Objections to the form of written 
questions are waived unless made within 5 days of service of the 
questions.
    (d) * * *
    (1) At hearing, part or all of any deposition, so far as admissible 
under this Part as though the witness were then testifying, may be used 
against any party who was present or represented at the taking of the 
deposition or had reasonable notice.
* * * * *

0
22. In Sec.  904.242, revise paragraphs (a) and (b) and add paragraph 
(d) to read as follows:


Sec.  904.242  Interrogatories.

    (a) Service and use. If ordered by the Judge, any party may serve 
upon any other party written interrogatories in conformance with Sec.  
904.3.
    (b) Answers and objections. Answers and objections must be made in 
writing under oath, and reasons for the objections must be stated. 
Answers must be signed by the person making them and objections must be 
signed by the party or attorney making them. Unless otherwise ordered, 
answers and objections must be served on all parties within 20 days 
after service of the interrogatories in conformance with Sec.  904.3.
* * * * *
    (d) Use of interrogatories at hearing. Answers may be used at 
hearing in the same manner as depositions under Sec.  904.241(d).

0
23. In Sec.  904.243, revise paragraphs (a) and (b) to read as follows:


Sec.  904.243  Admissions.

    (a) Request. If ordered by the Judge, any party may serve on any 
other party a written request for admission of the truth of any 
relevant matter of fact set forth in the request in conformance with 
Sec.  904.3, including the genuineness of any relevant document 
described in the request. Copies of documents must be served with the 
request. Each matter for which an admission is requested must be 
separately stated.
    (b) Response. Each matter is admitted unless a written answer or 
objection is served within 20 days of service of the request in 
conformance with Sec.  904.3, or within such other time as the Judge 
may allow. The answering party must specifically admit or deny each 
matter, or state the reasons why he or she cannot truthfully admit or 
deny it. A denial must fairly respond to the substance of the matter; 
and when good faith requires that a party qualify an answer or deny 
only a part of a matter, the answer must specify the part admitted and 
qualify or deny the rest. The answering party may assert lack of 
knowledge or information as a reason for failing to admit or deny only 
if the party states that it has made reasonable inquiry and that the 
information it knows or can readily obtain is insufficient to enable it 
to admit or deny.
* * * * *

0
24. In Sec.  904.250, revise paragraph (a) to read as follows:


Sec.  904.250  Notice of time and place of hearing.

    (a) The Judge shall be responsible for scheduling the hearing. With 
due regard for the convenience of the parties, their representatives, 
or witnesses, the Judge shall fix the time, place and date for the 
hearing and shall notify all parties of the same. The Judge will 
promptly serve on the parties notice of the time and place of hearing. 
The hearing will not be held less than 20 days after service of the 
notice of hearing unless the hearing is expedited as provided under 
paragraph (d) of this section.
* * * * *

0
25. In Sec.  904.251, revise paragraphs (a)(3) and (i) and add 
paragraph (j) to read as follows:


Sec.  904.251  Evidence.

    (a) * * *
    (3) In any case involving a charged violation of law in which the 
respondent has admitted an allegation, evidence may still be presented 
to establish matters of aggravation or mitigation.
* * * * *
    (i) Foreign law. A party who intends to raise an issue concerning 
the law of a foreign country must give reasonable notice. The Judge, in 
determining foreign law, may consider any relevant material or source, 
whether or not submitted by a party.
    (j) Foreign language exhibits. Exhibits in a foreign language must 
be translated into English before such exhibits are offered into 
evidence. Copies of both the untranslated and translated versions of 
the proposed exhibits, along with the name and qualifications of the 
translator, must be served on the opposing party at least 10 days prior 
to the hearing unless the parties otherwise agree.

0
26. In Sec.  904.252, revise paragraphs (a) and (f) to read as follows:


Sec.  904.252  Witnesses.

    (a) Fees. Witnesses, other than employees of a Federal agency, 
summoned in an administrative proceeding, including discovery, are 
eligible to receive the same fees and mileage as witnesses in the 
courts of the United States.
* * * * *
    (f) Testimony in a foreign language. If a witness is expected to 
testify in a language other than the English language, the party 
sponsoring the witness must indicate that in its Initial Disclosures so 
that an interpreter can be arranged for the hearing. When available, 
the interpreter should be court certified under 28 U.S.C. 1827.

0
27. In Sec.  904.260, revise paragraph (b) to read as follows:


Sec.  904.260  Recordation of hearing.

* * * * *
    (b) The official transcript of testimony taken, together with any 
exhibits, briefs, or memoranda of law filed therewith, will be filed 
with the Office of Administrative Law Judges. Transcripts of testimony 
will be available in any hearing and will be supplied to the parties at 
the cost of the Agency.
* * * * *

0
28. In Sec.  904.270, revise paragraph (b) to read as follows:


Sec.  904.270  Record of decision.

* * * * *
    (b) The Judge will arrange for appropriate storage of the records 
of any administrative proceeding, which place of storage need not 
necessarily be located physically within the Office of Administrative 
Law Judges.

0
29. In Sec.  904.271, revise paragraphs (a) introductory text, (b), 
(c), and (d) introductory text to read as follows:

[[Page 38940]]

Sec.  904.271  Initial decision.

    (a) After expiration of the period provided in Sec.  904.261 for 
the filing of reply briefs (unless the parties have waived briefs or 
presented proposed findings orally at the hearing), the Judge will 
render an Initial Decision upon the record in the case, setting forth:
* * * * *
    (b) If the parties have presented oral proposed findings at the 
hearing or have waived presentation of proposed findings, the Judge may 
at the termination of the hearing announce the decision, subject to 
later issuance of a written Initial Decision under paragraph (a) of 
this section. In such cases, the Judge may direct the prevailing party 
to prepare proposed findings, conclusions, and an order.
    (c) The Judge will serve the Initial Decision on each of the 
parties, the Chief of the Enforcement Section of the NOAA Office of 
General Counsel, and the Administrator. Upon request, the Judge will 
promptly certify to the Administrator the record, including the 
original copy of the Initial Decision, as complete and accurate.
    (d) An Initial Decision becomes effective as the final 
administrative decision of NOAA 60 days after service, unless:
* * * * *

0
30. Revise Sec.  904.272 to read as follows:


Sec.  904.272  Petition for reconsideration.

    Unless an order or Initial Decision of the Judge specifically 
provides otherwise, any party may file a petition for reconsideration 
of an order or Initial Decision issued by the Judge. Such petitions 
must state the matter claimed to have been erroneously decided, and the 
alleged errors and relief sought must be specified with particularity. 
Petitions must be filed within 20 days after the service of such order 
or Initial Decision. The filing of a petition for reconsideration shall 
operate as a stay of an order or Initial Decision or its effectiveness 
date unless specifically so ordered by the Judge. Within 15 days after 
the petition is filed, any party to the administrative proceeding may 
file an answer in support or in opposition.

0
31. Revise Sec.  904.273 to read as follows:


Sec.  904.273  Administrative review of decision.

    (a) Subject to the requirements of this section, any party who 
wishes to seek review of an Initial Decision of a Judge must Petition 
for Review of the Initial Decision within 30 days after the date the 
decision is served. The petition must be served on the Administrator in 
conformance with Sec.  904.3(b) at the following address: 
Administrator, National Oceanic and Atmospheric Administration, 
Department of Commerce, Room 5128, 14th Street and Constitution Avenue 
NW, Washington, DC 20230. Copies of the Petition for Review, and all 
other documents and materials required in paragraph (d) of this 
section, must be served in conformance with Sec.  904.3(b) on all 
parties and to either <a href="/cdn-cgi/l/email-protection#aacbcec7c3c4c3d9ded8cbdec3dccf84cbdadacfcbc6d9eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="a1c0c5ccc8cfc8d2d5d3c0d5c8d7c48fc0d1d1c4c0cdd2e1cfcec0c08fc6ced7">[email protected]</span></a> or the following 
address: Chief, Oceans and Coasts Section, NOAA Office of General 
Counsel, 1305 East-West Highway, SSMC 4, Suite 6111, Silver Spring, MD 
20910.
    (b) The Administrator may elect to issue an order to review the 
Initial Decision without petition and may affirm, reverse, modify or 
remand, in whole or in part, the Judge's Initial Decision. Any such 
order must be issued within 60 days after the date the Initial Decision 
is served.
    (c) Review by the Administrator of an Initial Decision is 
discretionary and is not a matter of right. If a party files a timely 
petition for discretionary review, or review is timely initiated by the 
Administrator, the effectiveness of the Initial Decision is stayed 
until further order of the Administrator or until the Initial Decision 
becomes final pursuant to paragraph (h) of this section. In determining 
whether or not to grant discretionary review, the Administrator will 
consider:
    (1) Whether the Initial Decision contains significant factual or 
legal errors that warrant further review by the Administrator; and
    (2) Whether fairness or other policy considerations warrant further 
consideration by the Administrator. Types of cases that fall within 
these criteria include, but are not limited to, those in which;
    (i) The Initial Decision conflicts with one or more other NOAA 
administrative decisions or federal court decisions on an important 
issue of federal law;
    (ii) The Judge decided an important federal question in a way that 
conflicts with prior rulings of the Administrator;
    (iii) The Judge decided a question of federal law that is so 
important that the Administrator should pass upon it even absent a 
conflict; or
    (iv) The Judge so far departed from the accepted and usual course 
of administrative proceedings as to call for an exercise of the 
Administrator's supervisory power.
    (d) A Petition for Review must comply with the following 
requirements regarding format and content:
    (1) The petition must include a concise statement of the case, that 
contains a statement of facts relevant to the issues submitted for 
review, and a summary of the argument that contains a succinct, clear 
and accurate statement of the arguments made in the body of the 
petition;
    (2) The petition must set forth, in detail, specific objections to 
the Initial Decision, the bases for review, and the relief requested;
    (3) Each issue raised in the petition must be separately numbered, 
concisely stated, and supported by detailed citations to specific pages 
in the record, and to statutes, regulations, and principal authorities. 
Petitions may not refer to or incorporate by reference entire documents 
or transcripts;
    (4) A copy of the Judge's Initial Decision must be attached to the 
petition;
    (5) Copies of all cited portions of the record must be attached to 
the petition;
    (6) A petition, exclusive of attachments and authorities, must not 
exceed 20 pages in length and must be in the form articulated in Sec.  
904.206(b); and
    (7) Issues of fact or law not argued before the Judge may not be 
raised in the petition unless such issues were raised for the first 
time in the Judge's Initial Decision, or could not reasonably have been 
foreseen and raised by the parties during the hearing. The 
Administrator will not consider new or additional evidence that is not 
a part of the record before the Judge.
    (e) The Administrator may deny a Petition for Review that is 
untimely or fails to comply with the format and content requirements in 
paragraph (d) of this section without further review.
    (f) No oral argument on Petitions for Review will be allowed.
    (g) Within 30 days after service of a petition for discretionary 
review, any party may file and serve an answer in support or in 
opposition. An answer must comport with the format and content 
requirements in paragraphs (d)(5) through (d)(7) of this section and 
set forth detailed responses to the specific objections, bases for 
review and relief requested in the petition. No further replies are 
allowed, unless requested by the Administrator.
    (h) If the Administrator has taken no action in response to the 
petition within 120 days after the petition is served, said petition 
shall be deemed denied and the Judge's Initial Decision shall become 
the final agency decision with an effective date 150 days after the 
petition is served.
    (i) If the Administrator issues an order denying discretionary 
review, the order

[[Page 38941]]

will be served on all parties in conformance with Sec.  904.3, and will 
specify the date upon which the Judge's Initial Decision will become 
effective as the final agency decision. The Administrator need not give 
reasons for denying review.
    (j) If the Administrator grants discretionary review or elects to 
review the Initial Decision without petition, the Administrator will 
issue an order to that effect. Such order may identify issues to be 
briefed and a briefing schedule. Such issues may include one or more of 
the issues raised in the Petition for Review and any other matters the 
Administrator wishes to review. Only those issues identified in the 
order may be argued in any briefs permitted under the order. The 
Administrator may choose to not order any additional briefing, and may 
instead make a final determination based on any Petitions for Review, 
any responses and the existing record.
    (k) If the Administrator grants or elects to take discretionary 
review, and after expiration of the period for filing any additional 
briefs under paragraph (j) of this section, the Administrator will 
render a written decision on the issues under review. The Administrator 
will serve the decision on each of the parties in conformance with 
Sec.  904.3. The Administrator's decision becomes the final 
administrative decision on the date it is served, unless otherwise 
provided in the decision, and is a final agency action for purposes of 
judicial review; except that an Administrator's decision to remand the 
Initial Decision to the Judge is not final agency action.
    (l) An Initial Decision shall not be subject to judicial review 
unless:
    (1) The party seeking judicial review has exhausted its opportunity 
for administrative review by filing a Petition for Review with the 
Administrator in compliance with this section, and
    (2) The Administrator has issued a final ruling on the petition 
that constitutes final agency action under paragraph (k) of this 
section or the Judge's Initial Decision has become the final agency 
decision under paragraph (h) or (i) of this section.
    (m) For purposes of any subsequent judicial review of the agency 
decision, any issues that are not identified in any Petition for 
Review, in any answer in support or opposition, by the Administrator, 
or in any modifications to the Initial Decision are waived.
    (n) If an action is filed for judicial review of a final agency 
decision, and the decision is vacated or remanded by a court, the 
Administrator shall issue an order addressing further administrative 
proceedings in the matter. Such order may include a remand to the Chief 
Administrative Law Judge for further proceedings consistent with the 
judicial decision, or further briefing before the Administrator on any 
issues the Administrator deems appropriate.

0
32. Revise Sec.  904.300 to read as follows:


Sec.  904.300  Scope and applicability.

    (a) This subpart sets forth procedures governing the suspension, 
revocation, modification, and denial of permits. The bases for 
sanctioning a permit are set forth in Sec.  904.301.
    (1) Revocation. A permit may be cancelled, with or without 
prejudice to issuance of the permit in the future. Additional 
requirements for issuance of any future permit may be imposed.
    (2) Suspension. A permit may be suspended either for a specified 
period of time or until stated requirements are met, or both. If 
contingent on stated requirements being met, the suspension is with 
prejudice to issuance of any permit until the requirements are met.
    (3) Modification. A permit may be modified, as by imposing 
additional conditions and restrictions. If the permit was issued for a 
foreign fishing vessel under section 204(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act, additional conditions and 
restrictions may be imposed on the application of the foreign nation 
involved and on any permits issued under such application.
    (4) Denial. Issuance of a permit in the future may be denied 
through imposition of a permit denial.
    (b) This subpart does not apply to the Land Remote Sensing Policy 
Act of 1992, as amended (51 U.S.C. 60101 et seq.), or to the Deep 
Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.). Regulations 
governing denials of licenses issued under the Land Remote Sensing 
Policy Act of 1992, as amended (51 U.S.C. 60101 et seq.), appear at 15 
CFR part 960. Regulations governing sanctions and denials of permits 
issued under the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401 
et seq.) appear at 15 CFR part 970.

0
33. Revise Sec.  904.301 to read as follows:


Sec.  904.301  Bases for permit sanctions.

    (a) Unless otherwise specified in a settlement agreement, or 
otherwise provided by statutes or in this subpart, NOAA may sanction 
any permit issued under the statutes cited in Sec.  904.1(c). The bases 
for an action to sanction or deny a permit include the following:
    (1) Violation of any statute administered by NOAA, including 
violation of any regulation promulgated or permit condition or 
restriction prescribed thereunder, by the permit holder/applicant or 
with the use of a permitted vessel;
    (2) The failure to pay a civil penalty imposed under any marine 
resource law administered by NOAA;
    (3) The failure to pay a criminal fine imposed or to satisfy any 
other liability incurred in a judicial proceeding under any of the 
statutes administered by NOAA; or
    (4) The failure to pay any amount in settlement of a civil 
forfeiture imposed on a vessel or other property.
    (b) A sanction may be applied to a permit involved in the 
underlying violation, as well as to any permit held or sought by the 
permit holder/applicant, including permits for other vessels. (See, 
e.g., 16 U.S.C. 1858(g)(1)(i)).
    (c) A permit sanction may not be extinguished by sale or transfer. 
A vessel's permit sanction is not extinguished by sale or transfer of 
the vessel, nor by dissolution or reincorporation of a vessel owner 
corporation, and shall remain with the vessel until lifted by NOAA.

0
34. In Sec.  904.302, revise paragraph (a) to read as follows:


Sec.  904.302  Notice of permit sanction (NOPS).

    (a) Service of a NOPS against a permit issued to a foreign fishing 
vessel will be made on the agent authorized to receive and respond to 
any legal process for vessels of that country.
* * * * *

0
35. In Sec.  904.303:
0
a. Remove and reserve paragraph (a); and
0
b. Revise paragraphs (b) and (d),
    The revisions read as follows:


Sec.  904.303  Notice of intent to deny permit (NIDP).

* * * * *
    (b) The NIDP will set forth the basis for its issuance and any 
opportunity for a hearing.
* * * * *
    (d) A NIDP may be issued in conjunction with or independent of a 
NOPS.

0
36. In Sec.  904.304, revise paragraph (b) to read as follows:


Sec.  904.304  Opportunity for hearing.

* * * * *
    (b) There will be no opportunity for a hearing to contest a NOPS or 
NIDP if the permit holder/applicant had a previous opportunity to 
participate as a party in an administrative or judicial proceeding with 
respect to the violation

[[Page 38942]]

that forms the basis for the NOPS or NIDP, whether or not the permit 
holder/applicant did participate, and whether or not such a proceeding 
was held.


Sec.  904.310  [Removed and Reserved]

0
37. Remove and reserve Sec.  904.310.

0
38. In Sec.  904.311, revise the section heading, introductory text, 
and paragraph (b) to read as follows:


Sec.  904.311  Effect of payment on permit sanction.

    Where a permit has been sanctioned on one of the bases set forth in 
Sec.  904.301(a)(2) through (4) and the permit holder/applicant pays 
the criminal fine, civil penalty, or amount in settlement of a civil 
forfeiture in full or agrees to terms satisfactory to NOAA for payment:
* * * * *
    (b) Any permit suspended under Sec.  904.301(a)(2) through (4) will 
be reinstated by order of NOAA; or
* * * * *


Sec.  904.320  [Removed and Reserved]

0
39. Remove and reserve Sec.  904.320.

0
40. In Sec.  904.402, revise paragraph (a) to read as follows:


Sec.  904.402  Procedures.

    (a) Any person authorized to enforce the laws listed in Sec.  
904.1(c) or Agency counsel may serve a written warning on a respondent.
* * * * *

0
41. In Sec.  904.403:
0
a. Remove and reserve paragraph (a); and
0
b. Revise paragraph (b).
    The revision reads as follows:


Sec.  904.403  Review and appeal of a written warning.

* * * * *
    (b) The recipient of a written warning may appeal to the NOAA 
Deputy General Counsel. The appeal must be served in conformance with 
Sec.  904.3 and submitted to <a href="/cdn-cgi/l/email-protection#48292c252126213b3c3a293c213e2d662938382d29243b0826272929662f273e"><span class="__cf_email__" data-cfemail="86e7e2ebefe8eff5f2f4e7f2eff0e3a8e7f6f6e3e7eaf5c6e8e9e7e7a8e1e9f0">[email protected]</span></a> or the 
NOAA Office of the General Counsel, Herbert Hoover Office Building, 
14th & Constitution Avenue NW, Washington, DC 20230, within 60 days of 
receipt of the written warning.
    (1) An appeal from a written warning must be in writing and must 
present the facts and circumstances that explain or deny the violation 
described in the written warning.
    (2) [Reserved]
* * * * *

0
42. Revise Sec.  904.500 to read as follows:


Sec.  904.500  Purpose and scope.

    (a) This subpart sets forth procedures governing the release, 
abandonment, forfeiture, remission of forfeiture, or return of property 
seized under any of the laws cited in Sec.  904.1(c).
    (b) Except as provided in this subpart, these regulations apply to 
all seized property subject to forfeiture under any of the laws cited 
in Sec.  904.1(c). This subpart is in addition to, and not in 
contradiction of, any special rules regarding seizure, holding or 
disposition of property seized under these statutes.

0
43. Revise Sec.  904.501 to read as follows:


Sec.  904.501  Notice of seizure.

    Within 60 days from the date of the seizure, NOAA will serve a 
Notice of Seizure on the owner or consignee, if known or easily 
ascertainable, or other party that the facts of record indicate has an 
interest in the seized property. In cases where the property is seized 
by a state or local law enforcement agency; a Notice of Seizure will be 
served in the above manner within 90 days from the date of the seizure. 
The Notice will describe the seized property and state the time, place 
and reason for the seizure, including the provisions of law alleged to 
have been violated. The Notice will inform each interested party of his 
or her right to file a claim to the seized property, and state a date 
by which a claim must be filed, which may not be less than 35 days 
after service of the Notice. The Notice may be combined with a Notice 
of the sale of perishable fish issued under Sec.  904.505. If a claim 
is filed, the case will be referred promptly to the U.S. Department of 
Justice for institution of judicial proceedings.

0
44. In Sec.  904.502, revise paragraph (c) to read as follows:


Sec.  904.502  Bonded release of seized property.

* * * * *
    (c) If NOAA grants the request, the amount paid by the requester 
will be deposited in a NOAA suspense account. The amount so deposited 
will for all purposes be considered to represent the property seized 
and subject to forfeiture, and payment of the amount by requester 
constitutes a waiver by requester of any claim rising from the seizure 
and custody of the property. NOAA will maintain the money so deposited 
pending further order of NOAA, order of a court, or disposition by 
applicable administrative proceedings.
* * * * *

0
45. Revise Sec.  904.503 to read as follows:


Sec.  904.503  Appraisement.

    NOAA may appraise seized property to determine its domestic value. 
Domestic value means the price at which such or similar property is 
offered for sale at the time and place of appraisement in the ordinary 
course of trade. If there is no market for the seized property at the 
place of appraisement, the value in the principal market nearest the 
place of appraisement may be used. If the seized property may not 
lawfully be sold in the United States, its domestic value may be 
determined by other reasonable means.

0
46. In Sec.  904.504, revise paragraphs (a), (b)(1), and (b)(3)(i) to 
read as follows:


Sec.  904.504  Administrative forfeiture proceedings.

    (a) When authorized. This section applies to property with a value 
of $500,000 or less, and that is subject to administrative forfeiture 
under the applicable statute. This section does not apply to 
conveyances seized in connection with criminal proceedings.
    (b) * * *
    (1) Within 60 days from the date of the seizure, or within 90 days 
of the date of the seizure where the property is seized by a state or 
local law enforcement agency, NOAA will publish a Notice of Proposed 
Forfeiture once a week for at least three successive weeks in a 
newspaper of general circulation in the Federal judicial district in 
which the property was seized or post a notice on an official 
government forfeiture website for at least 30 consecutive days. 
However, if the value of the seized property does not exceed $1,000, 
the Notice may be published by posting for at least three successive 
weeks in a conspicuous place accessible to the public at the National 
Marine Fisheries Service Enforcement Office, U.S. District Court, or 
the U.S. Customs House nearest the place of seizure, with the date of 
posting indicated on the Notice. In addition, a reasonable effort will 
be made to serve the Notice on each person whose identity, address and 
interest in the property are known or easily ascertainable.
* * * * *
    (3)(i) Any person claiming the seized property may file a claim 
with NOAA, at the address indicated in the Notice, within 30 days of 
the date the final Notice was published or posted. The claim must state 
the claimant's interest in the property.
* * * * *

0
47. In Sec.  904.505, revise paragraph (c) to read as follows:

[[Page 38943]]

Sec.  904.505  Summary sale.

* * * * *
    (c) NOAA will serve the Notice of the Summary Sale on the owner or 
consignee, if known or easily ascertainable, or to any other party that 
the facts of record indicate has an interest in the seized fish, unless 
the owner or consignee or other interested party has otherwise been 
personally notified. Notice will be sent either prior to the sale, or 
as soon thereafter as practicable.
* * * * *

0
48. In Sec.  904.506, revise paragraphs (a)(1) and (b)(1) to read as 
follows:


Sec.  904.506  Remission of forfeiture and restoration of proceeds of 
sale.

    (a) * * *
    (1) This section establishes procedures for filing with NOAA a 
petition for the return of any property which has been or may be 
administratively forfeited under the provisions of any statute 
administered by NOAA that authorizes the remission or mitigation of 
forfeitures.
* * * * *
    (b) * * *
    (1) Any person claiming an interest in any property which has been 
or may be administratively forfeited under the provisions of Sec.  
904.504 may, at any time after seizure of the property, but no later 
than 90 days after the date of forfeiture, petition for a remission or 
mitigation of the forfeiture and restoration of the proceeds of such 
sale, or such part thereof as may be claimed by the petitioner by 
serving the petition in conformance with Sec.  904.3 on 
<a href="/cdn-cgi/l/email-protection#2d4c49404443445e595f4c59445b48034c5d5d484c415e6d43424c4c034a425b"><span class="__cf_email__" data-cfemail="cfaeaba2a6a1a6bcbbbdaebba6b9aae1aebfbfaaaea3bc8fa1a0aeaee1a8a0b9">[email protected]</span></a> or the Chief of the Enforcement Section 
of the NOAA Office of General Counsel, 1315 East-West Highway, SSMC 3, 
Suite 15828, Silver Spring, MD 20910.
* * * * *

0
49. In Sec.  904.509, revise paragraph (g)(2) to read as follows:


Sec.  904.509  Disposal of forfeited property.

* * * * *
    (g) * * *
    (2) Destruction will be accomplished in accordance with the 
requirements of 41 CFR parts 101-1 through 101-49.
* * * * *
[FR Doc. 2022-13492 Filed 6-29-22; 8:45 am]
BILLING CODE 3510-22-P


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