| Abstract: | Abstract This article explores the lack of uniform penalty assessment in the National Oceanic and Atmospheric Administration's (NOAA) civil penalty policy under the Fishery Conservation and Management Act (the Magnuson Act). The author sugests that NOAA's inconsistent penalty assessment invites noncompliance by fishers because they view the penalties as unfair and arbitrary. In particular, deterrence is undermined by the absence of a provision that removes the economic benefits of noncompliance. NOAA's policy is contrasted with the Environmental Protection Agency's (EPA) civil penalty policy, which uniformly assesses penalties while tailoring the penalty to the individual facts of the case and effectively removing the economic incentives of noncompliance. If NOAA implemented a policy similar to EPA's, NOAA would secure increased Magnuson Act compliance and higher penalty amounts. |
