NOAA is committed to improving its communications with its constituents and stakeholders, even if it means hearing their complaints. Issues surrounding law enforcement are sensitive, and fishermen may be afraid to come forward to report problems. NOAA already has a web site for the public to provide information involving current investigations or to report possible violations of law (http://www.nmfs.noaa.gov/ole/cc.html), and an Enforcement Hotline that is operational 24 hours a day, 7 days a week (1-800-853-1964).
In order to provide further protection to anyone who has information regarding enforcement improprieties by NOAA’s Office of Law Enforcement or enforcement attorneys, NOAA will establish another hotline – this one specifically to report unfair or overzealous enforcement actions or other breaches of conduct by NOAA enforcement agents or attorneys. This Enforcement Complaint e-Hotline will be a link on the NOAA homepage that will allow stakeholders to report any issues to NOAA management through a specific email address (OLE.ComplaintHotline@noaa.gov) that will go directly to NOAA Headquarters. Any complaints received will be reviewed at Headquarters and, as necessary, investigated further. This should provide fishermen and other members of the regulated community a mechanism for raising issues about NOAA law enforcement without fear of reprisal. NOAA will evaluate the effectiveness of the Enforcement Complaint Hotline after one year to ensure that it is providing an appropriate outlet for enforcement complaints. If it is not working, NOAA will take additional actions to ensure that if the regulated community has issues with NOAA enforcement, they will be heard.
NOAA Proposed Policy on Prohibited and Authorized Uses of the Asset Forfeiture Fund
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. The Secretary is proposing a new policy to clearly articulate prohibited and authorized 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. The Secretary requests comments from the public on listed prohibited and authorized uses of the funding and, in particular, expenditures for activities that would promote compliance with regulations promulgated by NOAA.
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