Penalty Policy and Schedules

Penalty Policy

On May 2, 2019, NOAA published a Notice of its intention to revise its “Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions” (Penalty Policy) and requested public comment on the proposed revisions. The comment period ended on June 3, 2019. The revised Penalty Policy, which is effective June 24, 2019, is posted below, along with the Agency's response to the public comment received.

The current Penalty Policy, as well as the 2011 and 2014 policies which are now superseded, are linked below.

Current Policy:
Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions, June 24, 2019

Agency Response to Comments Received on May 2, 2019 proposed draft Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions

NOTE: The Department of Commerce adjusts the maximum civil monetary penalties authorized by statute for inflation, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74). Under the current methodology, which has been revised since issuance of the 2014 Policy, inflationary adjustments are made annually and adjusted penalties are generally effective not later than January 15 each year. The last adjustments made under this Act occurred on December 27, 2023. (See 88 FR 89300 (Dec. 27, 2023), effective January 15, 2024).