[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR904.2]



[Page 41-42]

 

                  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.

    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.



[[Page 42]]



    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.