National Oceanic and Atmospheric Administration (NOAA) Fishing Civil Penalty, Marine Mammal and Fishing Permit Cases

The NOAA issues commercial fishing permits in various regions throughout the United States. Examples of NOAA Permits include Bottomfish Permits, Vessel Operating Permits and International Trade Permits for highly migratory species.  NOAA’s regulatory enforcement arm, the Office of General Counsel, issues Civil Penalties through a Notice of Violation and Assessment, or a Notice of Permit Sanction.  A Settlement Agreement may be reached with the Office of General Counsel. If the disciplinary action does not settle, the matter will go before an Administrative Law Judge at an NOAA Administrative Hearing. The Respondent may Appeal and ALJ’s Decision through a Petition for Reconsideration or Administrative Review by the NOAA Administrator.

United States Forest Service Appeals and Objections

The United States Forest Service maintains an Objection Process for Administrative Review of projects and Forest Service activities.  Individuals and entities can file objections to an environmental analysis regarding the proposed project or activity.  In order to object, an individual or entity must submit substantive formal comments during the plan development process.  An Objection must meet certain criteria to be considered by the Responsible Official in charge of the planning process and plan approval. Certain environmental decisions may be reconsidered by a United States Forest Service Environmental Appeal.  The specific rights to Appeal depend upon the project.  The Chief’s Office in Washington D.C. or the Regional Forester may review Appeals.  United States Forest Service Decisions are documented in Records of Decision (ROD) or Decision Notices (DN).

United States Department of Agriculture Administrative Hearings

The United States Department of Agriculture regulates the health, welfare, protection, transit and import of plants, animals, and related activities.  The USDA maintains an Administrative Law disciplinary process through its Office of Administrative Law Judges (OALJ).  The USDA often enters into settlement negotiations with Respondents prior to the institution of a USDA Formal Complaint. Generally, the Respondent must file an Answer within 20 days, subject to an extension being granted. A Hearing will be held before a USDA Administrative Law Judge.

United States Department of Agriculture Administrative Actions fall under the following Acts, licenses and subject areas:

• Agricultural Marketing Act
• Animal Health Protection Act
• Animal Welfare Act
• Federal Crop Insurance Act
• Horse Protection Act
• Perishable Agricultural Commodities Act
• Packers and Stockyards Act
• Plant Protection Act
• Poultry Products Inspection Act
• Forest Resources Conservation and Shortage Relief Act (Sourcing Areas)
• FERC Hydropower Licenses
• Marketing Agreements, Including Milk Marketing
• Nonprocurement Debarment and Suspension
• Personnel Security Review Board