The National Oceanic and Atmospheric Administration (NOAA) Civil Administration Penalty Schedule is a compilation of internal guidelines used by NOAA enforcement attorneys in assessing penalties for violations of statutes and regulations that NOAA enforces. In addition to the Penalty Schedule, Summary Settlement and Fix-it Notice schedules that are utilized by enforcement personnel are also included and have been indexed by region.
The intent of the Penalty Schedule is to permit realization of two equally important goals:
1) assessment of individualized penalties assessed for similar violations nationwide,
2) establishment of relative uniformity in penalties assessed for similar violations nationwide.
The Penalty Schedule provides recommended ranges for penalties and permit sanctions based both on the specific violation and the history of previous violations. NOAA enforcement attorneys are expected to use their prosecutorial discretion in determining the appropriateness of a recommended penalty or permit sanction, basing their decisions on the particular facts of the cases, including aggravating and mitigating circumstances.
NOAA Fisheries - Office of General Counsel for Enforcement and Litigation: Penalty Schedule: www.gcel.noaa.gov/schedules/index.html.
