[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: 15CFR904.301]



[Page 56]

 

                  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 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]