If the permittee fails to remedy any breach of any of the
duties, covenants, or conditions of the permit or to desist from violating or
permitting violation of these rules, the department may revoke the permittee's
use permit, or, at its discretion, refuse to renew the permittee's use
permit.
A use permit may be terminated or revoked for the
following reasons, although termination and revocation are not necessarily
limited to these reasons:
(1) Failing
to report to the department within seven days:
(A) A change in ownership of the
vessel.
(B) A change in address of
the permittee.
(C) A change in
status of the vessel from one category to another, e.g., from commercial
fishing to charter fishing.
(D) The
permittee's vessel has been involved in the destruction of or damage to state
property or to another vessel.
(E)
A material change in a corporation's stock ownership or change in corporate
officers.
(2) Abandoning
a vessel at a berth or mooring.
(3)
Failing to renew a mooring permit within the provisions stipulated
herein.
(4) Failing to refloat or
to remove a sunken vessel within seven days of notification.
(5) Failing to satisfactorily meet delinquent
outstanding indebtedness due the State.
(6) Failing to maintain established state
standards of sanitation on a permittee's vessel or in the area within the
assigned berth.
(7) When a vessel
is not used for the purpose indicated in the application for a use
permit.
(8) Whenever in the opinion
of the department the safety, health, and welfare of the public shall so
require.
(9) Whenever in the
opinion of the department a vessel is incapacitated for a period in excess of
thirty days or otherwise is unable to meet the test of seaworthiness.
(10) Failure to obtain the department's
approval prior to the making of extended repairs as required in section
19-42-52.
(11) Failing to submit a
monthly report showing gross receipts to the department within thirty days
after the last day of the month being reported together with net charges
due.
(12) Failing to insure that
the vessel named in the mooring permit is properly documented, certificated, or
registered with the appropriate federal or state agencies concerned.
(13) Failing to maintain insurance coverage
as required in section
19-42-37. Unless the time limit to remedy the breach is
otherwise specified in these rules or in a notice given to the permittee, the
permittee shall have thirty days to remedy the breach.
