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.
(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 § 222.307, and enhancement permits issued under § 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;
(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]
Code of Federal Regulations