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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 15 - Commerce and Foreign Trade |
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Subtitle B - Regulations Relating to Commerce and Foreign Trade |
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Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter A - General Regulations |
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Part 904 - Civil Procedures |
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Subpart D - Permit Sanctions and Denials |
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General |
§ 904.301 - Bases for permit sanctions or denials.
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§ 904.301 Bases for permit sanctions or denials.
(a) Unless otherwise specified in a settlement agreement, or otherwise provided by statutes or in this subpart, NOAA may take action under this subpart with respect to sanction any permit issued under the statutes cited in § 904.1(c). The bases for an action to sanction or deny a permit include but are not limited to the following:
(1) The commission Violation of any violation prohibited by any statute administered by NOAA, including violation of any regulation promulgated or permit condition or restriction prescribed thereunder, by the permit holder/applicant or with the use of a permitted vessel;
(2) The failure to pay a civil penalty assessed under subparts B and C of this partimposed under any marine resource law administered by NOAA;
(3) The failure to pay a criminal fine imposed or to satisfy any other liability incurred in a judicial proceeding under any of the statutes administered by NOAA; or
(4) The failure to comply with any term of a settlement agreementpay any amount in settlement of a civil forfeiture imposed on a vessel or other property.
(b) A permit sanction may be imposed, or a permit denied, under this subpart with respect to the particular permit pertaining to the violation or nonpayment, and may also be applied to any NOAA applied to a permit involved in the underlying violation, as well as to any permit held or sought by the permit holder or successor in interest to the permit/applicant, including permits for other activities or for other vessels. Examples of the application of this policy are the following:
(1) NOAA suspends Vessel A's fishing permit for nonpayment of a civil penalty pertaining to Vessel A. The owner of Vessel A buys Vessel B and applies for a permit for Vessel B to participate in the same or a different fishery. NOAA may withhold that permit until the sanction against Vessel A is lifted.
(3) Captain X, an officer in Country Y's fishing fleet, is found guilty of assaulting an enforcement officer. NOAA may impose a condition on the permits of Country Y's vessels that they may not fish in the Exclusive Economic Zone with Captain X aboard. (See § 904.320(c(2) NOAA revokes a Marine Mammal Protection Act permit for violation of its conditions. The permit holder subsequently applies for a permit under the Endangered Species Act. NOAA may deny the ESA application.
(See, e.g., 16 U.S.C. 1858(g)(1)(i)).
(c) A permit sanction may not be extinguished by sale or transfer. A vessel's permit sanction is not extinguished by sale or transfer of the vessel, nor by dissolution or reincorporation of a vessel owner corporation, and shall remain with the vessel until lifted by NOAA.
[87 FR 38941, June 30, 2022]