[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR622.17]

[Page 166-168]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents
 
                      Subpart B--Effort Limitations
 
Sec. 622.17  South Atlantic golden crab controlled access.

    (a) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial commercial vessel permits have been issued for 
the fishery. All permits in the fishery are issued on a fishing-year 
(calendar-year) basis. No additional permits may be issued except as 
follows:
    (1) For the southern zone. (i) Upon application, the RA will reissue 
a permit for the southern zone for a vessel that held a valid permit for 
that zone in October 2000 but did not meet the 5,000-lb (2,268-kg) 
requirement for renewal in the following year.
    (ii) An application for a permit under paragraph (a)(1) of this 
section must be received by the RA no later than July 2, 2002.
    (2) For the northern zone. (i) The RA will issue up to two new 
vessel permits for the northern zone. Selection will be made from the 
list of historical participants in the South Atlantic golden crab 
fishery. Such list was used at the October 1995 meeting of the South 
Atlantic Fishery Management Council and was prioritized based on pounds 
of golden crab landed, without reference to a specific zone. Individuals 
on the

[[Page 167]]

list who originally received permits will be deleted from the list.
    (ii) The RA will offer in writing an opportunity to apply for a 
permit for the northern zone to the individuals highest on the list 
until two accept and apply in a timely manner. An offer that is not 
accepted within 30 days after it is received will no longer be valid.
    (iii) An application for a permit from an individual who accepts the 
RA's offer must be received by the RA no later than 30 days after the 
date of the individual's acceptance. Application forms are available 
from the RA.
    (iv) A vessel permit for the northern zone issued under paragraph 
(a)(2) of this section, and any successor permit, may not be changed to 
another zone. A successor permit includes a permit issued to that vessel 
for a subsequent owner and a permit issued via transfer from that vessel 
to another vessel.
    (b) Fishing zones--(1) Designation of fishing zones. The South 
Atlantic EEZ is divided into three fishing zones for golden crab as 
follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 28 deg. N. lat. to 
25 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
    (2) Authorization to fish in zones. Each vessel permit indicates one 
of the zones specified in paragraph (b)(1) of this section. A vessel 
with a permit to fish for golden crab in the northern zone or the middle 
zone may fish only in that zone. A vessel with a documented length 
overall greater than 65 ft (19.8 m) with a permit to fish for golden 
crab in the southern zone may fish in that zone, consistent with the 
provisions of paragraph (b)(3) of this section, and, through May 3, 
2005, may also fish in the northern zone. A vessel may possess golden 
crab only in a zone in which it is authorized to fish, except that other 
zones may be transited if the vessel notifies NMFS, Office of 
Enforcement, Southeast Region, St. Petersburg, FL, by telephone (727-
570-5344) in advance and does not fish in a zone in which it is not 
authorized to fish.
    (3) Small-vessel sub-zone. Within the southern zone, a small-vessel 
sub-zone is established bounded on the north by 24 deg.15' N. lat., on 
the south by 24 deg.07' N. lat., on the east by 81 deg.22' W. long., and 
on the west by 81 deg.56' W. long. No vessel with a documented length 
overall greater than 65 ft (19.8 m) may fish for golden crab in this 
sub-zone, and a vessel with a documented length overall of 65 ft (19.8 
m) or less that is permitted for the southern zone may fish for golden 
crab only in this sub-zone.
    (4) Procedure for changing zones. (i) Upon request from an owner of 
a permitted vessel, the RA will change the zone specified on a permit 
from the middle or southern zone to the northern zone. No other changes 
in the zone specified on a permit are allowed, except as specified in 
paragraph (b)(4)(ii) of this section. An owner of a permitted vessel who 
desires a change to the northern zone must submit his/her request with 
the existing permit to the RA.
    (ii) Through May 3, 2005, upon request, the RA will change a vessel 
permit back to the southern zone for an owner of a vessel, or the 
subsequent owner of a vessel, whose permit was changed from the southern 
zone to the northern zone provided that the documented length overall of 
the vessel to be used in the southern zone is not more than 20 percent 
greater than the vessel whose permit was originally changed from the 
southern zone to the northern zone.
    (c) Transferring permits between vessels--(1) Procedure for 
transferring. An owner of a vessel who desires a golden crab permit may 
request that NMFS transfer an existing permit or permits to his or her 
vessel by returning an existing permit or permits to the RA with an 
application for a permit for the replacement vessel.
    (2) Vessel size limitations on transferring. (i) To obtain a permit 
for the middle or southern zone via transfer, the documented length 
overall of the replacement vessel may not exceed the documented length 
overall, or aggregate documented lengths overall, of the replaced 
vessel(s) by more than 20 percent. The owner of a vessel permitted for 
the middle or southern zone who has requested that NMFS transfer that 
permit to a smaller vessel (i.e., downsized) may subsequently request

[[Page 168]]

NMFS transfer that permit to a vessel of a length calculated from the 
length of the permitted vessel immediately prior to downsizing.
    (ii) There are no vessel size limitations to obtain a permit for the 
northern zone via transfer.
    (d) Permit renewal. NMFS will not renew a commercial vessel permit 
for South Atlantic golden crab if the permit is revoked or if the RA 
does not receive a required application for renewal within 6 months 
after the permit's expiration. See Sec. 622.4(h) for the applicable 
general procedures and requirements for permit renewals.

[67 FR 22361, May 3, 2002]