[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.301]

[Page 57-58]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904_CIVIL PROCEDURES--Table of Contents
 
                 Subpart D_Permit Sanctions and Denials
 
Sec. 904.301  Bases for sanctions or denials.

    (a) Unless otherwise specified in a settlement agreement, or 
otherwise provided in this subpart, NOAA may take action under this 
subpart with respect to any permit issued under the statutes cited in 
Sec. 904.1(c). The bases for an action to sanction or deny a permit are 
as follows:
    (1) The commission of any offense prohibited by any statute 
administered by NOAA, including violation of any

[[Page 58]]

regulation promulgated or permit condition or restriction prescribed 
thereunder, by the permit holder or with the use of a permitted vessel;
    (2) The failure to pay a civil penalty assessed under subparts B and 
C of this part; or
    (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.
    (b) A sanction may be imposed or a permit denied under this subpart 
with respect to the particular permit pertaining to the offense or 
nonpayment, and may also be applied to any NOAA permit held or sought by 
the permit holder, 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.
    (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.
    (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 
fishery conservation zone with Captain X aboard. (See Sec. 904.320(c).)
    (c) Sanction not extinguished by sale. [Reserved]