§ 904.2. Definitions and acronyms.
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/us/cfr/t15/s§ 904.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 § 904.1(c), and any regulations issued by NOAA to implement it. Authorized officer means:
(1)Any commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG);
(2)Any special agent or fishery enforcement officer of NMFS;
(3)Any officer designated by the head of any Federal or state agency that has entered into an agreement with the Secretary of Commerce to enforce the provisions of any statute administered by NOAA; or
(4)Any USCG personnel accompanying and/or acting under the direction of any person described in paragraph (1), (2), or
(3)of this definition. Citation means a written warning (see section 311(c) of the Magnuson-Stevens 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)). Civil penalty means a civil administrative monetary penalty assessed under the civil administrative process described in this part. Decision means an initial or final administrative 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, permit sanction, or written warning, 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 U.S. Government by court order or by order of the Administrator under a statute. Hearing means a civil administrative hearing on a NOVA, NOPS and/or NIDP. Initial decision means a decision of the Judge that, under applicable statute and regulation, is subject to review by the Administrator. Judge means Administrative Law Judge. NIDP means Notice of Intent to Deny Permit. NMFS means the National Marine Fisheries Service. NOAA (see Agency) means either the Administrator or a designee acting on behalf of the Administrator. NOPS means Notice of Permit Sanction. NOVA means Notice of Violation and Assessment of civil penalty. Party means the respondent and the Agency; a joint and several respondent, vessel owner, or permit holder, if they enter an appearance; and any other person allowed to participate under § 904.204(b). 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. Permit sanction means suspension, revocation, or modification of a permit (see § 904.320). Respondent means a person issued a written warning, NOVA, NOPS, NIDP or other notice. Settlement agreement means any agreement resolving all or part of an administrative or judicial action. The terms of such an agreement may include, but are not limited to, payment of a civil penalty, and/or imposition of a permit sanction. USCG means the U.S. Coast Guard. Vessel owner means the owner of any vessel that may be liable in rem for any civil penalty, or whose permit may be subject to sanction in proceedings under this part. Written warning means a notice in writing to a person that a violation has been documented against the person or against the vessel which is owned or operated by the person, where no civil penalty or permit sanction is imposed or assessed. \[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38936, June 30, 2022\]
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