§ 904.2 Definitions and acronyms.

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

en, 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

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]