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The rules don’t mention anything about “pirates.” That is a popular epithet for gross violators of the rules. There are unintentional violators who are not considered to be pirates according to the popular perception.
The FCC inspector issues NOUOs to operators who exceed the legal limits of the rules by an amount that eliminates the possibility of measurement errors, and by whatever allowences the inspector permits unofficially.
Both gross violators (i.e. pirates) and minor violators (those making a good faith effort to obey Part 15), can get NOUOs. It’s a matter of exceeding the threshold of what the FCC as a whole, and also the inspector individually, consider to be a violation.