[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR222.305]

[Page 126]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--Table of
 
                   Subpart C_General Permit Procedures
 
Sec. 222.305  Rights of succession and transfer of permits.

    (a)(1) Except as otherwise provided in this section, permits issued 
pursuant to parts 222, 223, and 224 of this chapter are not transferable 
or assignable. In the event that a permit authorizes certain business 
activities in connection with a business or commercial enterprise, which 
is then subject to any subsequent lease, sale or transfer, the successor 
to that enterprise must obtain a permit prior to continuing the 
permitted activity, with the exceptions provided in paragraphs (a)(2) 
and (a)(3) of this section.
    (2) Certain persons, other than the permittee, are granted the right 
to carry on a permitted activity for the remainder of the term of a 
current permit, provided that they furnish the permit to the issuing 
officer for endorsement within 90 days from the date the successor 
begins to carry on the activity. Such persons are the following:
    (i) The surviving spouse, child, executor, administrator, or other 
legal representative of a deceased permittee, and
    (ii) The receiver or trustee in bankruptcy or a court designated 
assignee for the benefit of creditors.
    (3) Incidental take permits issued under Sec. 222.307, and 
enhancement permits issued under Sec. 222.308, as part of a Safe Harbor 
Agreement with Assurances or Candidate Conservation Agreement with 
Assurances, may be transferred in whole or in part through a joint 
submission by the permittee and the proposed transferee, or in the case 
of a deceased permittee, the deceased permittee's legal representative 
and the proposed transferee, provided NMFS determines in writing that:
    (i) The proposed transferee meets all of the qualifications under 
parts 222, 223, or 224 (as applicable) for holding a permit;
    (ii) The proposed transferee has provided adequate written 
assurances that it will provide sufficient funding for the conservation 
plan or other agreement or plan associated with the permit and will 
implement the relevant terms and conditions of the permit, including any 
outstanding minimization and mitigation requirements; and
    (iii) The proposed transferee has provided such other information as 
NMFS determines is relevant to process the transfer.
    (b) Except as otherwise stated on the face of the permit, any person 
who is under the direct control of the permittee, or who is employed by 
or under contract to the permittee for purposes authorized by the 
permit, may carry out the activity authorized by the permit.

[64 FR 14054, Mar. 23, 1999, as amended at 67 FR 57973, Sept. 13, 2002]

    Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was 
revised, effective Mar. 23, 1999, with the exception of Sec. 222.305, 
paragraph (a), which contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.