53 



Extension of criminal penalties 



The amendments would extend the applicability of criminal penalties to assaults 

 on persons employed by or under contract to NMFS and involved in collecting fish- 

 ery information in their official duties. Unlike observers, who were afforded protec- 

 tion under the Amendments of 1990, no prohibitions or criminal sanctions explicitly 

 address assaults on statistical agents. Statistical agents, however, are often the pri- 

 mary Federal contact with members of the fishing industry who may take exception 

 to regulatory actions taken under the Magnuson Act, the Endangered Species Act, 

 the Marine Mammal Protection Act, the Lacey Act, or other applicable law. 



Judicial review of permit sanctions 



The amendments would provide for judicial review of permit sanctions. Althoudi 

 the Magnuson Act provides that any person who is assessed a civil penalty may ob- 

 tain a review of the penalty in U.S. district court, it does not provide explicitly for 

 such review of permit sanctions. The two standards should be treated the same, es- 



¥ecially since tney may be imposed together in the same administrative hearing, 

 he amendments would also delete language regarding service to ensure consistency 

 of service procedures with other district court actions in accordance with the Federal 

 Rules of Civil Procedure. 



Enforcement 



The amendments would allow the sums received as fines, penalties, and forfeit- 

 ures of property for violations of any fishery resource law enforced by the Secretary 

 of Commerce to be used for the enforcement of all statutes dealing with living ma- 

 rine resources, instead of just for fisheries. The Magnuson Act does not currently 

 provide for such monies to be used for enforcement related activities associated with 

 various living marine resource statutes such as the Marine Mammal Protection Act. 



Additionally, the amendments would provide that any person found in any en- 

 forcement proceeding to be in violation of the Act or any other marine resource law 

 shall be liaole for the costs of the sale, storage, care, or maintenance of fish or prop- 

 erty seized as a result of the violation. 



Observer wages as maritime liens 



The amendments would provide observers with the same lien priority for past-due 

 wages as is currently provided for seamen's liens under admiralty and general mari- 

 time law. This addresses the problem of vessels, or contracting parties, not paying 

 for observer services. 



Authorization of appropriations 



The amendments would authorize appropriations for the Department of 

 $103,218,000 for FY 1994, $142,502,000 for FY 1995, and "such sums as may be 

 necessaiy" for FY 1996. 



Prepared Statement of John K. Bullard, Director, Office of Sustainable De- 

 velopment AND Intergovernmental Affairs, National Oceanic and Atmos- 

 pheric Administration 



Mr. Chairman, it is a pleasure for me to appear before your Committee today in 

 my hometown and address the issue of sustainable development. 



Today I would like to briefly share with the Committee the efforts of my office 

 and the Department of Commerce, under Secretary Brown's leadership, to respond 

 to the crisis facing seaports up and down the northeastern coast. 



The collapse of certain fish stocks in the northeast cannot be viewed as simply 

 a natural resource problem. Indeed, it is an economic crisis which affects the lives 

 and livelihoods of real people and real communities. 



Achieving a balance between the needs of the resource for future generations and 

 the needs of individuals affected by the crisis is a prime example for the Justification 

 of the Office of Sustainable Development which I oversee within the Department. 



The challenge which faces all of us as a society is the absolute imperative of main- 

 taining a balance between economic development and sound environmental policies. 

 I would like to commend you on your support of this goal. 



Due to your efforts and the efforts of Senator Kennedy, and Representatives 

 Studds and Frank, and members of the entire New England delegation, this Admin- 

 istration has stepped forward and offered a $30 million emergency assistance pack- 

 age to help fishermen, their families, the communities, and other fishing-related 

 businesses deal with the current crisis. 



Earlier this year, members of the New England delegation met with Secretary 

 Brown and requested $60 million in emergency aid. On March 21, Secretary Brown 



