§ 904.301. Bases for permit sanctions or denials.
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/us/cfr/t15/s§ 904.301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Unless otherwise specified in a settlement agreement, or otherwise provided by statutes or in this subpart, NOAA may sanction any permit issued under the statutes cited in § 904.1(c). The bases for an action to sanction or deny a permit include the following:
(1)Violation of any statute administered by NOAA, including violation of any regulation promulgated or permit condition or restriction prescribed thereunder, by the permit holder/applicant or with the use of a permitted vessel;
(2)The failure to pay a civil penalty imposed under any marine resource law administered by NOAA;
(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; or
(4)The failure to pay any amount in settlement of a civil forfeiture imposed on a vessel or other property.
(b)A sanction may be applied to a permit involved in the underlying violation, as well as to any permit held or sought by the permit holder/applicant, including permits for other vessels. (See, e.g., 16 U.S.C. 1858(g)(1)(i)).
(c)A permit sanction may not be extinguished by sale or transfer. A vessel's permit sanction is not extinguished by sale or transfer of the vessel, nor by dissolution or reincorporation of a vessel owner corporation, and shall remain with the vessel until lifted by NOAA. \[87 FR 38941, June 30, 2022\]
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§ 904.301
Bases for permit sanctions or denials.
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