[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.2]

[Page 38-39]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904--CIVIL PROCEDURES--Table of Contents
 
                           Subpart A--General
 
Sec. 904.2  Definitions.

    Unless the context otherwise requires, or as otherwise noted, terms 
in this part have the meanings prescribed in the applicable statute or 
regulation. In addition, the following definitions apply:
    Administrator means the Administrator of NOAA or a designee.
    Agency means the National Oceanic and Atmospheric Administration 
(NOAA).
    Applicable statute means a statute cited in Sec. 904.1(c), and any 
regulations issued by NOAA to implement it.

[[Page 39]]

    Applicant means any person who applies or is expected to apply for a 
permit.
    Citation means a written warning (see section 311(c) of the Magnuson 
Fishery Conservation and Management Act, 16 U.S.C. 1861(c), and section 
11(c) of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773i(c)).
    Decision means an initial or final decision of the Judge.
    Ex parte communication means an oral or written communication not on 
the public record with respect to which reasonable prior notice to all 
parties is not given, but does not include inquiries regarding 
procedures, scheduling, and status.
    Final administrative decision means an order or decision of NOAA 
assessing a civil penalty or permit sanction which is not subject to 
further Agency review under this part, and which is subject to 
collection proceedings or judicial review in an appropriate Federal 
district court as authorized by law.
    Forfeiture includes, but is not limited to, surrender or 
relinquishment of any claim to an item by written agreement, or 
otherwise; or extinguishment of any claim to, and transfer of title to 
an item to the Government by court order or by order of the 
Administrator under a statute.
    Initial decision means a decision of the Judge which, under 
applicable statute and regulation, is subject to review by the 
Administrator, but which becomes the final administrative decision in 
the absence of such review.
    Judge means Administrative Law Judge.
    NOAA (see Agency) means either the Administrator or a designee 
acting on behalf of the Administrator.
    Party means the respondent and the Agency as represented by counsel; 
if they enter an appearance, a joint and several respondent, vessel 
owner, or permit holder; and any other person allowed to participate 
under Sec. 904.204(a).
    Payment agreement means any promissory note, security agreement, 
settlement agreement, or other contract specifying the terms according 
to which a permit holder agrees to pay a civil penalty.
    Permit means any license, permit, certificate, or other approval 
issued by NOAA under an applicable statute.
    Permit holder means the holder of a permit or any agent or employee 
of the holder, and includes the owner and operator of a vessel for which 
the permit was issued.
    Sanction means suspension, revocation, or modification of a permit 
(see Sec. 904.320).
    Vessel owner means the owner of any vessel that is liable in rem for 
any civil penalty under this part, or whose permit may be subject to 
sanction as a result of civil penalty proceedings under this part.
    Written warning means a notice in writing to a person that a 
violation of a minor or technical nature has been documented against the 
person or against the vessel which is owned or operated by the person.