15 C.F.R. § 904.101

Notice of violation and assessment (NOVA)

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(a) A NOVA will be issued by NOAA and served on the respondent(s). The NOVA will contain:

(1) A concise statement of the facts believed to show a violation;

(2) A specific reference to the provisions of the Act, regulation, license, permit, agreement, or order allegedly violated;

(3) The findings and conclusions upon which NOAA bases the assessment;

(4) The amount of the civil penalty assessed; and

(5) Information concerning the respondent's rights upon receipt of the NOVA, and will be accompanied by a copy of the regulations in this part governing the proceedings.

(b) In assessing a civil penalty, NOAA will take into account information available to the Agency concerning any factor to be considered under the applicable statute, and any other information that justice or the purposes of the statute require.

(c) The NOVA may also contain a proposal for compromise or settlement of the case. NOAA may also attach documents that illuminate the facts believed to show a violation.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38937, June 30, 2022]

Notes of Decisions

Cited in 3 cases, 1991–1995 · leading case: United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995).

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United States v. Wade E. Menendez, United States of Am. v. Raymond E. Plaisance, United States of Am. v. Tony Dung Van Nguyen, 48 F.3d 1401 (5th Cir. 1995). “15 C.F.R. § 904.101 . After receiving the NOVA, a party may accept the penalty, seek to have it amended, request a hearing, request an extension of time to respond, or take no action.”

Rudy Pavlik Andy Pavlik Thomas H. Schmidt v. United States, 951 F.2d 220 (9th Cir. 1991). “On October 1, 1986, NOAA issued notices of violation and assessment, 15 C.F.R. § 904.101 , to the Pavliks, charging them with possessing halibut in Convention waters at a time when the waters were closed to halibut fishing.”

United States v. Nguyen, 847 F. Supp. 496 (S.D. Miss. 1994). · cites it 4× “Thereafter, on March 14, 1990, the Secretary of Commerce, acting through the Office of General Counsel, the National Oceanic and Atmospheric Administration (hereinafter “NOAA”), issued a Notice of Violation and Assessment (hereinafter “NOVA”) to defendant for violation the ESA…”

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