---
kind: "section"
citation: "15 C.F.R. § 971.412"
title: "15"
number: "971.412"
heading: "Changes in permits and permit terms, conditions, and restrictions."
url: "https://uscodex.org/cfr/15/971.412"
---

# §971.412. Changes in permits and permit terms, conditions, and restrictions.

- (a) During the duration of a commercial recovery permit, changes in the permit or its associated commercial recovery plan may be initiated by either the permittee or the Administrator.
- (b) **A significant change is one which, if approved, would result in—**
  - (1) An increase of more than five percent in the size of the commercial recovery area; or
  - (2) **A change in the location of five percent or more of the commercial recovery area.**
- (c) **A major change is one affecting one or more of—**
  - (1) The bases for certifying the original application pursuant to [§ 971.301](/cfr/15/971.301.md) or, as applicable, pursuant to [§ 971.214(e)](/cfr/15/971.214.md?p=e);
  - (2) The bases for issuing or transferring the permit pursuant to [§§ 971.403 through 971.408](/cfr/15/971.403..971.408.md);
  - (3) The TCRs issued as part of the permit pursuant to [§§ 971.418 through 971.430](/cfr/15/971.418..971.430.md); or
  - (4) The ownership of a permittee (or the membership of the joint venture, partnership or other entity on whose behalf the permit was issued); and which change is sufficiently broad in scope to raise a question as to:
    - (i) The permittee's ability to meet the requirements of the sections cited in paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section;
    - (ii) The sufficiency of the TCRs to accomplish their intended purpose; or
    - (iii) **The antitrust characteristic of the permittee.**
- (d) A minor change is one that is clearly more modest in scope than the changes described in paragraph [(b)](#b) or [(c)](#c) of this section.
- (e) A permittee may not implement a significant or major change, as defined in paragraphs [(b)](#b) and [(c)](#c) of this section, until an application for revision of the permit or its associated commercial recovery plan has been approved by the Administrator. However, advance notice of proposed major changes in a permittee's corporate membership or legal structure is not required, unless practicable, but the Administrator expects prompt notification of the occurrence of such a major change.
- (f) A proposed significant or major change, as defined in paragraphs [(b)](#b) and [(c)](#c) of this section, may trigger the need for additional review, under the Federal consistency provisions of the Coastal Zone Management Act of 1972, as amended.

## Notes

### Amendments

[54 FR 525, Jan. 6, 1989, as amended at 91 FR 2676, Jan. 21, 2026]

### Authority

Authority: 30 U.S.C. 1401 et seq.

### Source

Source: 54 FR 525, Jan. 6, 1989, unless otherwise noted.

### Amendments

[54 FR 525, Jan. 6, 1989, as amended at 91 FR 2676, Jan. 21, 2026]