[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: 50CFR622.4]

[Page 139-153]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed in 
this

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part, valid permits, licenses, and endorsements are required as follows:
    (1) Charter vessel/headboat permits. (i) For a person aboard a 
vessel that is operating as a charter vessel or headboat to fish for or 
possess, in or from the EEZ, species in any of the following species 
groups, a valid charter vessel/headboat permit for that species group 
must have been issued to the vessel and must be on board--
    (A) Gulf coastal migratory pelagic fish.
    (B) South Atlantic coastal migratory pelagic fish.
    (C) Gulf reef fish.
    (D) South Atlantic snapper-grouper.
    (ii) See paragraph (r) of this section regarding a moratorium on 
Gulf charter vessel/headboat permits and the associated provisions.
    (iii) See paragraph (r)(12) of this section for an explanation of 
the requirement for the new charter vessel/headboat permit for South 
Atlantic coastal migratory pelagic fish and for procedures for initial 
application and issuance of that permit.
    (iv) A charter vessel or headboat may have both a charter vessel/
headboat permit and a commercial vessel permit. However, when a vessel 
is operating as a charter vessel or headboat, a person aboard must 
adhere to the bag limits. See the definitions of ``Charter vessel'' and 
``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (2) Commercial vessel permits, licenses, and endorsements--(i) Fish 
traps in the Gulf. For a person to possess or use a fish trap in the EEZ 
in the Gulf of Mexico, a commercial vessel permit for Gulf reef fish 
with a fish trap endorsement must have been issued to the vessel and 
must be on board. See paragraph (n) of this section regarding fish trap 
endorsements.
    (ii) Gillnets for king mackerel in the southern Florida west coast 
subzone. For a person aboard a vessel to use a run-around gillnet for 
king mackerel in the southern Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king 
mackerel with a gillnet endorsement must have been issued to the vessel 
and must be on board. See paragraph (o) of this section regarding a 
moratorium on endorsements for the use of gillnets for king mackerel in 
the southern Florida west coast subzone and restrictions on 
transferability of king mackerel gillnet endorsements.
    (iii) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits and to fish under a quota for king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. To obtain or renew a commercial vessel 
permit for king mackerel, at least 25 percent of the applicant's earned 
income, or at least $10,000, must have been derived from commercial 
fishing (i.e., harvest and first sale of fish) or from charter fishing 
during one of the 3 calendar years preceding the application. See 
paragraph (q) of this section regarding a moratorium on commercial 
vessel permits for king mackerel, transfers of permits during the 
moratorium, and limited exceptions to the earned income or gross sales 
requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for Spanish 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for Spanish mackerel must have been issued to 
the vessel and must be on board. To obtain or renew a commercial vessel 
permit for Spanish mackerel, at least 25 percent of the applicant's 
earned income, or at least $10,000, must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during one of the 3 calendar years preceding the 
application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell Gulf 
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf 
reef fish must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more than 
50 percent of the applicant's earned income must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter

[[Page 141]]

fishing during either of the 2 calendar years preceding the application. 
See paragraph (m) of this section regarding a moratorium on commercial 
vessel permits for Gulf reef fish and limited exceptions to the earned 
income requirement for a permit.
    (vi) South Atlantic snapper-grouper. For a person aboard a vessel to 
be eligible for exemption from the bag limits for South Atlantic 
snapper-grouper in or from the South Atlantic EEZ, to engage in the 
directed fishery for tilefish in the South Atlantic EEZ, to use a 
longline to fish for South Atlantic snapper-grouper in the South 
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between 
35 deg.15.19' N. lat. (due east of Cape Hatteras Light, NC) and 
28 deg.35.1[min] N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), a commercial vessel permit for South 
Atlantic snapper-grouper must have been issued to the vessel and must be 
on board. A vessel with longline gear and more than 200 lb (90.7 kg) of 
tilefish on board is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in 
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish must have been issued to the vessel and must be on board. 
To obtain a commercial vessel permit for wreckfish, the applicant must 
be a wreckfish shareholder; and either the shareholder must be the 
vessel owner or the owner or operator must be an employee, contractor, 
or agent of the shareholder. (See Sec. 622.15 for information on 
wreckfish shareholders.)
    (viii) South Atlantic rock shrimp. For a person aboard a vessel to 
fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp in 
or from the South Atlantic EEZ, a commercial vessel permit for rock 
shrimp must be issued to the vessel and must be on board.
    (ix) Gulf red snapper. For a person aboard a vessel for which a 
commercial vessel permit for Gulf reef fish has been issued to retain 
red snapper under the trip limits specified in Sec. 622.44(d)(1) or (2), 
a Class 1 or Class 2 Gulf red snapper license must have been issued to 
the vessel and must be on board. See paragraph (p) of this section 
regarding initial issue of red snapper licenses.
    (x) South Atlantic golden crab. For a person aboard a vessel to fish 
for golden crab in the South Atlantic EEZ, possess golden crab in or 
from the South Atlantic EEZ, off-load golden crab from the South 
Atlantic EEZ, or sell golden crab in or from the South Atlantic EEZ, a 
commercial vessel permit for golden crab must be issued to the vessel 
and must be on board. It is a rebuttable presumption that a golden crab 
on board a vessel in the South Atlantic or off-loaded from a vessel in a 
port adjoining the South Atlantic was harvested from the South Atlantic 
EEZ. See Sec. 622.17 for limitations on the use, transfer, and renewal 
of a commercial vessel permit for golden crab.
    (3) Coral permits--(i) Allowable chemical. For an individual to take 
or possess fish or other marine organisms with an allowable chemical in 
a coral area, other than fish or other marine organisms that are landed 
in Florida, a Federal allowable chemical permit must have been issued to 
the individual. Such permit must be available when the permitted 
activity is being conducted and when such fish or other marine organisms 
are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic

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EEZ, a Federal aquacultured live rock permit must have been issued for 
the specific harvest site. Such permit, or a copy, must be on board a 
vessel depositing or possessing material on an aquacultured live rock 
site or harvesting or possessing live rock from an aquacultured live 
rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (4) Dealer permits. For a dealer to receive Gulf reef fish, golden 
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, or 
wreckfish, a dealer permit for Gulf reef fish, golden crab, South 
Atlantic snapper-grouper, rock shrimp, or wreckfish, respectively, must 
be issued to the dealer. To obtain a dealer permit, the applicant must 
have a valid state wholesaler's license in the state(s) where the dealer 
operates, if required by such state(s), and must have a physical 
facility at a fixed location in such state(s).
    (b) Applications for permits. Application forms for all permits are 
available from the RA. Completed application forms and all required 
supporting documents must be submitted to the RA at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (1) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.

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    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (3) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general partner) 
or operator of the vessel. A commercial vessel permit that is issued 
based on the earned income qualification of an operator is valid only 
when that person is the operator of the vessel. The applicant for a 
commercial vessel permit for wreckfish must be a wreckfish shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of paragraph (a)(2) of 
this section have been met.
    (G) If a fish trap or sea bass pot will be used, the number, 
dimensions, and estimated cubic volume of the traps/pots that will be 
used and the applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (c) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, or a dealer with a 
permit must notify the RA within 30 days after any change in the 
application information specified in paragraph (b) of this section. The 
permit is void if any change in the information is not reported within 
30 days.
    (d) Fees. A fee is charged for each application for a permit, 
license, or endorsement submitted under this section, for each request 
for transfer or replacement of such permit, license, or endorsement, and 
for each fish trap or sea bass pot identification tag required under 
Sec. 622.6(b)(1)(i)(B). The amount of each fee is calculated in 
accordance with the procedures of the NOAA Finance Handbook, available 
from the RA, for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application, request for transfer or replacement, or request for fish 
trap/sea bass pot identification tags.
    (e) Initial issuance. (1) The RA will issue an initial permit at any 
time to an applicant if the application is complete and the specific 
requirements for the requested permit have been met. An application is 
complete when all requested forms, information, and documentation have 
been received.
    (2) Upon receipt of an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RA's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 15 
CFR part 904 or the vessel or dealership is sold.
    (g) Transfer. A vessel permit, license, or endorsement or dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a

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commercial vessel permit for Gulf reef fish, in paragraph (n) of this 
section for a fish trap endorsement, in paragraph (o) of this section 
for a Gulf king mackerel gillnet endorsement, in paragraph (p) of this 
section for a red snapper license, in paragraph (q) of this section for 
a king mackerel permit, in paragraph (r) of this section for a charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish, in Sec. 622.17(c) for a commercial vessel permit for golden 
crab, or in Sec. 622.18(e) for a commercial vessel permit for South 
Atlantic snapper-grouper. A person who acquires a vessel who desires to 
conduct activities for which a permit or endorsement is required must 
apply for a permit or endorsement in accordance with the provisions of 
this section. If the acquired vessel is currently permitted, the 
application must be accompanied by the original permit and a copy of the 
vessel's new USCG documentation or state registration.
    (h) Renewal. Although a permit, license, or endorsement required by 
this section is issued on an annual basis, an application for its 
renewal is required only every 2 years. In the interim years, renewal is 
automatic (without application) for a vessel owner or dealer who has met 
the specific requirements for the requested permit, license, or 
endorsement; who has submitted all reports required under the Magnuson-
Stevens Act; and who is not subject to a sanction or denial under 
paragraph (j) of this section. An owner or dealer whose permit, license, 
or endorsement is expiring will be mailed a notification by the RA 
approximately 2 months prior to its expiration. That notification will 
advise the status of the renewal. That is, the notification will advise 
that the renewal will be issued without further action by the owner or 
dealer (automatic renewal); that the permit, license, or endorsement is 
ineligible for automatic renewal; or that a new application is required.
    (1) If eligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is eligible for automatic renewal, the RA will mail the automatically 
renewed permit, license, or endorsement approximately 1 month prior to 
expiration of the old permit, license, or endorsement.
    (2) If ineligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is ineligible for automatic renewal, the notification will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. If the owner or dealer does not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal will 
be considered abandoned. A permit, license, or endorsement that is not 
renewed within the applicable deadline will not be reissued.
    (3) If new application is required. If the RA's notification 
indicates that a new application is required, the notification will 
include a preprinted renewal application. If the RA receives an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (4) If notification is not received. A vessel owner or dealer who 
does not receive a notification from the RA regarding status of renewal 
of a permit, license, or endorsement by 45 days prior to expiration of 
the current permit must contact the RA.
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit issued 
under this section, or a copy thereof, must be available on the dealer's 
premises. In addition, a copy of the dealer's permit must accompany each 
vehicle that is used to pick up from a fishing vessel reef fish 
harvested from the Gulf EEZ. The operator of a vessel must present the 
permit, license, or endorsement for inspection upon the request of an 
authorized officer. A dealer or a vehicle operator must present the 
permit or a copy for inspection upon the request of an authorized 
officer.
    (j) Sanctions and denials. A permit, license, or endorsement issued 
pursuant

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to this section may be revoked, suspended, or modified, and a permit, 
license, or endorsement application may be denied, in accordance with 
the procedures governing enforcement-related permit sanctions and 
denials found at subpart D of 15 CFR part 904.
    (k) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. The 
provisions of this paragraph (m) are applicable through December 31, 
2005.
    (1) No applications for additional commercial vessel permits for 
Gulf reef fish will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(m)(2) through (5) of this section, and are subject to the requirement 
for timely renewal in paragraph (m)(6) of this section.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer the permit to the owner of 
another vessel, or to the new owner when he or she transfers ownership 
of the permitted vessel. Such owner of another vessel, or new owner, may 
receive a commercial vessel permit for Gulf reef fish for his or her 
vessel, and renew it through April 15 following the first full calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income requirement not later than the first full 
calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may transfer the permit to the income 
qualifying operator when such operator becomes an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income requirement of paragraph (a)(2)(v) of this 
section. However, to further renew the commercial vessel permit, the 
owner must meet the earned income requirement not later than the first 
full calendar year after the operator qualification is removed. To have 
an operator qualification removed from a permit, the owner must return 
the original permit to the RA with an application for the changed 
permit.
    (6) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by the 
RA within 1 year of the expiration date of the permit.
    (n) Endorsements for fish traps in the Gulf. The provisions of this 
paragraph (n) are applicable through February 7, 2007. After February 7, 
2007, no fish trap endorsements are valid.
    (1) Only those fish trap endorsements that are valid on February 7, 
1997, may be renewed. Such endorsements are subject to the restrictions 
on transfer in paragraphs (n)(2) and (3) of this section and are subject 
to the requirement for timely renewal in paragraph (n)(5) of this 
section.
    (2) Through February 7, 1999, a fish trap endorsement may be 
transferred only to a vessel that has a commercial permit for reef fish.
    (3) After February 7, 1999, a fish trap endorsement is not 
transferable except as follows:
    (i) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by the same entity.
    (ii) A fish trap endorsement is transferable upon a change of 
ownership of a

[[Page 146]]

permitted vessel with such endorsement from one to another of the 
following: Husband, wife, son, daughter, brother, sister, mother, or 
father.
    (iii) When a change of ownership of a vessel with a fish trap 
endorsement is directly related to the disability or death of the owner, 
the RA may issue such endorsement, temporarily or permanently, with the 
commercial vessel permit for Gulf reef fish that is issued for the 
vessel under the new owner. Such new owner will be the person specified 
by the owner or his/her legal guardian, in the case of a disabled owner, 
or by the will or executor/administrator of the estate, in the case of a 
deceased owner. (Paragraphs (m)(3) and (4) of this section apply for the 
transfer of a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner.)
    (iv) A fish trap endorsement may be transferred to a vessel with a 
commercial vessel permit for Gulf reef fish whose owner has a record of 
landings of reef fish from fish traps in the Gulf EEZ, as reported on 
fishing vessel logbooks received by the SRD, from November 20, 1992, 
through February 6, 1994, and who was unable to obtain a fish trap 
endorsement for the vessel with the reported landings.
    (4) The owner of a vessel that is to receive a transferred 
endorsement must return the originals of the endorsed commercial vessel 
permit for Gulf reef fish and the unendorsed permit to the RA with an 
application for a fish trap endorsement for his or her vessel.
    (5) A fish trap endorsement that is not renewed or that is revoked 
will not be reissued. Such endorsement is considered to be not renewed 
when an application for renewal is not received by the RA within 1 year 
of the expiration date of the permit.
    (o) Moratorium on endorsements for the use of gillnets for king 
mackerel in the southern Florida west coast subzone. (1) An initial king 
mackerel gillnet endorsement will be issued only if--
    (i) The vessel owner was the owner of a vessel with a commercial 
mackerel permit with a gillnet endorsement on or before October 16, 
1995; and
    (ii) The vessel owner was the owner of a vessel that had gillnet 
landings of Gulf migratory group king mackerel in one of the two fishing 
years, July 1, 1995, through June 30, 1996, or July 1, 1996, through 
June 30, 1997. Such landings must have been documented by NMFS or by the 
Florida Department of Environmental Protection trip ticket system as of 
December 31, 1997. Only landings when a vessel had a valid commercial 
permit for king mackerel with a gillnet endorsement and only landings 
that were harvested, landed, and sold in compliance with state and 
Federal regulations may be used to establish eligibility.
    (2) Paragraphs (o)(1)(i) and (o)(1)(ii) of this section 
notwithstanding, the owner of a vessel that received a commercial king 
mackerel permit through transfer, between March 4, 1998, and March 28, 
2000, from a vessel that met the eligibility requirements in paragraphs 
(o)(1)(i) and (o)(1)(ii) also qualifies for an initial king mackerel 
gillnet endorsement.
    (3) To obtain an initial king mackerel gillnet endorsement under the 
moratorium, an owner or operator of a vessel that does not have a king 
mackerel gillnet endorsement on March 28, 2000 must submit an 
application to the RA, postmarked or hand delivered not later than June 
26, 2000. Except for applications for renewals of king mackerel gillnet 
endorsements, no applications for king mackerel gillnet endorsements 
will be accepted after June 26, 2000. Application forms are available 
from the RA.
    (4) The RA will not issue an owner more initial king mackerel 
gillnet endorsements under the moratorium than the number of vessels 
with king mackerel gillnet endorsements that the owner owned 
simultaneously on or before October 16, 1995.
    (5) An owner of a vessel with a king mackerel gillnet endorsement 
issued under this moratorium may transfer that endorsement upon a change 
of ownership of a permitted vessel with such endorsement from one to 
another of the following: Husband, wife, son, daughter, brother, sister, 
mother, or father. Such endorsement also may be transferred to another 
vessel owned by the same entity.

[[Page 147]]

    (6) A king mackerel gillnet endorsement that is not renewed or that 
is revoked will not be reissued. An endorsement is considered to be not 
renewed when an application for renewal is not received by the RA within 
1 year after the expiration date of the permit that includes the 
endorsement.
    (p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible 
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in 
Sec. 622.44(d)(1), a vessel must have been issued both a valid 
commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf red 
snapper license, and such permit and license must be on board.
    (2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip 
limit for Gulf red snapper specified in Sec. 622.44(d)(2), a vessel must 
have been issued both a valid commercial vessel permit for Gulf reef 
fish and a valid Class 2 Gulf red snapper license, and such permit and 
license must be on board.
    (3) Operator restriction. An initial Gulf red snapper license that 
is issued for a vessel based on the qualification of an operator or 
historical captain is valid only when that operator or historical 
captain is the operator of the vessel. When applicable, this operator 
restriction is shown on the license.
    (4) Transfer of Gulf red snapper licenses. A red snapper license may 
be transferred independently of a commercial vessel permit for Gulf reef 
fish. To request the transfer of a red snapper license, complete the 
transfer information on the reverse of the license and return it to the 
RA.
    (5) Initial issue of Gulf red snapper licenses--(i) Class 1 
licenses. (A) An initial Class 1 license will be issued for the vessel 
specified by the holder of a valid red snapper endorsement on March 1, 
1997, and to a historical captain. In the event of death or disability 
of such holder between March 1, 1997, and the date Class 1 licenses are 
issued, a Class 1 license will be issued for the vessel specified by the 
person to whom the red snapper endorsement was transferred.
    (B) Status as a historical captain is based on information collected 
under Amendment 9 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) (59 FR 39301, August 2, 1994). A 
historical captain is an operator who--
    (1) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control;
    (2) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
    (3) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993; and
    (4) Landed red snapper prior to November 7, 1989.
    (ii) Class 2 licenses. (A) An initial Class 2 license will be issued 
for the vessel specified by an owner or operator whose income qualified 
for a commercial vessel permit for reef fish that was valid on March 1, 
1997, and such owner or operator was the person whose earned income 
qualified for a commercial vessel permit for reef fish that had a 
landing of red snapper during the period from January 1, 1990, through 
February 28, 1997.
    (B) For the purpose of paragraph (p)(5)(ii)(A) of this section, 
landings of red snapper are as recorded in the information collected 
under Amendment 9 to the FMP (59 FR 39301, August 2, 1994) for the 
period 1990 through 1992 and in fishing vessel logbooks, as required 
under Sec. 622.5(a)(1)(ii), received by the SRD not later than March 31, 
1997, for the period from January 1, 1993, through February 28, 1997.
    (C) A vessel's red snapper landings record during the period from 
January 1, 1990, through February 28, 1997, is retained by the owner at 
the time of the landings if the vessel's permit was transferred to 
another vessel owned by him or her. When a vessel has had a change of 
ownership and concurrent transfer of its permit, the vessel's red 
snapper landings record is credited to the owner of that vessel on March 
1, 1997, unless there is a legally binding agreement under which a 
previous owner retained the landings record. An owner who claims such 
retention of a landings record must submit a copy of

[[Page 148]]

the agreement to the RA postmarked or hand delivered not later than 
January 30, 1998. However, an owner who submits a copy of such agreement 
after January 6, 1998, is not assured that a red snapper license will be 
issued before the opening of the commercial fishery for red snapper on 
February 1, 1998.
    (6) Implementation procedures--(i) Initial notification. The RA will 
notify each owner of a vessel that had a valid permit for Gulf reef fish 
on March 1, 1997, each operator whose earned income qualified for a 
valid permit on that date, and each potential historical captain of his 
or her eligibility for a Class 1 or Class 2 red snapper license. Initial 
determinations of eligibility will be based on NMFS' records of red 
snapper endorsements, red snapper landings during the period from 
January 1, 1990, through February 28, 1997, and applications for 
historical captain status under Amendment 9 to the FMP (59 FR 39301, 
August 2, 1994). An owner, operator, or potential historical captain who 
concurs with NMFS' initial determination of eligibility need take no 
further action. Each owner, operator, and historical captain who is 
initially determined to be eligible will be issued an appropriate 
license not later than January 23, 1998.
    (ii) Reconsideration. (A) An owner, operator, or potential 
historical captain who does not concur with NMFS' initial determination 
of eligibility for historical captain status or for a Class 2 red 
snapper license may request reconsideration of that initial 
determination by the RA.
    (B) A written request for reconsideration must be submitted to the 
RA postmarked or hand delivered not later than February 10, 1998, and 
must provide written documentation supporting the basis for 
reconsideration. However, an owner who submits such request after 
January 13, 1998, is not assured that a red snapper license will be 
issued before the opening of the commercial fishery for red snapper on 
February 1, 1998. Upon request by the owner, operator, or potential 
historical captain, the RA will forward the initial determination, the 
request for reconsideration, and pertinent records to a committee 
consisting of the principal state officials who are members of the 
GMFMC, or their designees. An owner, operator, or potential historical 
captain may request to make a personal appearance before the committee 
in his or her request for reconsideration. If an owner, operator, or 
potential historical captain requests that his or her request be 
forwarded to the committee, such a request constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for the 
RA to make available to the committee members such confidential catch 
and other records as are pertinent to the matter under reconsideration.
    (C) Members of the committee will provide their individual 
recommendations for each application for reconsideration referred to the 
committee to the RA. The committee may only deliberate whether the 
eligibility criteria specified in paragraph (p)(5) of this section were 
applied correctly in the applicant's case, based solely on the available 
record, including documentation submitted by the applicant. Neither the 
committee nor the RA may consider whether a person should have been 
eligible for historical captain status or a Class 2 license because of 
hardship or other factors. The RA will make a final decision based on 
the initial eligibility criteria in paragraph (p)(5) of this section and 
the available record, including documentation submitted by the 
applicant, and, if the request is considered by the committee, the 
recommendations and comments from each member of the committee. The RA 
will notify the applicant of the decision and the reason therefore, in 
writing, within 15 days of receiving the recommendations of the 
committee members. If the application is not considered by the 
committee, the RA will provide such notification within 15 days of the 
RA's receipt of the request for reconsideration. The RA's decision will 
constitute the final administrative action by NMFS on an application for 
reconsideration.
    (q) Moratorium on commercial vessel permits for king mackerel. This 
paragraph (q) is effective through October 15, 2005.

[[Page 149]]

    (1) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(q)(2) through (q)(5) of this section, and are subject to the 
requirement for timely renewal in paragraph (q)(6) of this section.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for king mackerel issued under this moratorium to another 
vessel owned by the same entity.
    (3) An owner whose percentage of earned income or gross sales 
qualified him/her for the commercial vessel permit for king mackerel 
issued under the moratorium may request that NMFS transfer that permit 
to the owner of another vessel, or to the new owner when he or she 
transfers ownership of the permitted vessel. Such owner of another 
vessel, or new owner, may receive a commercial vessel permit for king 
mackerel for his or her vessel, and renew it through April 15 following 
the first full calendar year after obtaining it, without meeting the 
percentage of earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner of the other vessel, or new owner, must meet 
the earned income or gross sales requirement not later than the first 
full calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may request that NMFS transfer the permit to 
the income-qualifying operator when such operator becomes an owner of a 
vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner must meet the earned income or gross sales 
requirement not later than the first full calendar year after the 
operator qualification is removed. To have an operator qualification 
removed from a permit, the owner must return the original permit to the 
RA with an application for the changed permit.
    (6) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RA does not receive an 
application for renewal within 1 year of the permit's expiration date.
    (r) Moratorium on charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish and Gulf reef fish. The provisions of this 
paragraph (r) are applicable through July 29, 2005.
    (1) Applicability. Beginning December 26, 2002, the only valid 
charter vessel/headboat permits for Gulf coastal migratory pelagic fish 
or Gulf reef fish are those that have been issued under the moratorium 
criteria in this paragraph (r). No applications for additional charter 
vessel/headboat permits for these fisheries will be accepted. Existing 
permits may be renewed, are subject to the transferability provisions in 
paragraph (r)(9), and are subject to the requirement for timely renewal 
in paragraph (r)(10) of this section.
    (2) Initial eligibility. Initial eligibility for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish or Gulf reef 
fish is limited to the following--
    (i) An owner of a vessel that had a valid charter vessel/headboat 
permit for Gulf reef fish or coastal migratory pelagic fish, or whose 
application for such permit had been received by NMFS, at some time 
during the period March 29, 2000, through March 29, 2001, and who has 
such a valid permit on the effective date of the final rule that 
contains this paragraph (r)(2)(i).
    (ii) Any person who can provide NMFS with documentation verifying 
that, prior to March 29, 2001, he/she had a charter vessel or headboat 
under construction and that the associated expenditures were at least 
$5,000 as of that date. If the vessel owner was constructing the vessel, 
the vessel owner must provide NMFS with receipts for

[[Page 150]]

the required expenditures. If the vessel was being constructed by 
someone other than the owner, the owner must provide NMFS with a copy of 
the contract and/or receipts for the required expenditures.
    (iii) A historical captain, defined for the purposes of paragraph 
(r) of this section as a person who provides NMFS with documentation 
verifying that--
    (A) Prior to March 29, 2001, he/she was issued either a USCG 
Operator of Uninspected Passenger Vessel license (commonly referred to 
as a 6-pack license) or a USCG Masters license and operated, as a 
captain, a federally permitted charter vessel or headboat in the Gulf 
reef fish and/or coastal migratory pelagic fisheries that was not 
permitted in his/her name or the name of a corporation in which he/she 
was a shareholder; and
    (B) At least 25 percent of his/her earned income was derived from 
charter vessel or headboat fishing in one of the years, 1997, 1998, 
1999, or 2000.
    (3) Special conditions applicable to eligibility based on historical 
captain status. A person whose eligibility is based on historical 
captain status will be issued a letter of eligibility by the RA. The 
letter of eligibility may be redeemed through the RA for a charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish and/or 
Gulf reef fish, with a historical captain endorsement. The letter of 
eligibility is valid for the duration of the moratorium; is valid only 
for a vessel of the same authorized passenger capacity as the vessel 
used to document earned income in paragraph (r)(2)(iii)(B) of this 
section; and is valid only for the fisheries certified on the 
application under paragraph (r)(2)(iii)(A) of this section. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish with a historical captain endorsement is valid only on a 
vessel that the historical captain operates as a captain.
    (4) Determination of eligibility based on permit history. NMFS' 
permit records are the sole basis for determining eligibility based on 
permit or application history. An owner of a currently permitted vessel 
who believes he/she meets the permit or application history criterion 
based on ownership of a vessel under a different name, as may have 
occurred when ownership has changed from individual to corporate or vice 
versa, must document his/her continuity of ownership. An owner will not 
be issued initial charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish or Gulf reef fish under the moratorium in excess 
of the number of federally permitted charter vessels and/or headboats 
that he/she owned simultaneously at some time during the period March 
29, 2000 through March 29, 2001.
    (5) Application requirements and procedures--(i) General. An 
applicant who desires a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish must submit an application for 
such permit to the RA postmarked or hand-delivered not later than 
October 28, 2002. Application forms are available from the RA. The 
information requested on the application form varies according to the 
eligibility criterion that the application is based upon as indicated in 
paragraphs (r)(5)(ii), (iii), and (iv) of this section; however, all 
applicants must provide a copy of the applicable, valid USCG Operator of 
Uninspected Passenger Vessel license or Masters license and valid USCG 
Certificate of Inspection. Failure to apply in a timely manner will 
preclude permit issuance even when the applicant meets the eligibility 
criteria for such permit.
    (ii) Application based on the prior permit/application history 
criterion. On or about July 29, 2002 implementing this moratorium, the 
RA will mail an application for a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish and/or Gulf reef fish to each owner 
of a vessel who, according to NMFS' permit records, is eligible based on 
the permit or application history criterion in paragraph (r)(2)(i) of 
this section. Information requested on the application is consistent 
with the standard information required in paragraph (b)(3)(ii) of this 
section. The RA will also mail each such owner a notice that his/her 
existing charter vessel/headboat permit(s) for coastal migratory pelagic 
fish and/or Gulf reef fish will expire December 26, 2002 and that the 
new permit(s) required under this moratorium will be required as of that

[[Page 151]]

date. A vessel owner who believes he/she qualifies for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish and/or Gulf reef 
fish based on permit or application history, but who does not receive an 
application from the RA, must request an application from the RA and 
provide documentation of eligibility. The RA will mail applications and 
notifications to vessel owner addresses as indicated in NMFS' permit 
records.
    (iii) Application based on a charter vessel/headboat under 
construction prior to March 29, 2001. A person who intends to obtain a 
charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
and/or Gulf reef fish based on the vessel-under-construction eligibility 
criterion in paragraph (r)(2)(ii) of this section must obtain an 
application from the RA. Information requested on the application 
includes the standard information required in paragraph (b)(3)(ii) of 
this section and the documentation of construction and associated costs 
as specified in paragraph (r)(2)(ii) of this section.
    (iv) Application based on historical captain status. A person who 
intends to obtain a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish and/or Gulf reef fish based on historical captain 
status must obtain an application from the RA. Information requested on 
the application includes the standard information required in paragraph 
(b)(3)(ii) of this section and documentation of the criteria specified 
in paragraphs (r)(2)(iii)(A)and (B) of this section. Such documentation 
includes income tax records pertinent to verifying earned income; a copy 
of the applicable USCG license and/or Certificate of Inspection; and a 
notarized affidavit signed by a vessel owner certifying the period the 
applicant served as captain of a charter vessel or headboat permitted 
for Gulf reef fish and/or coastal migratory pelagic fish, whether the 
charter vessel or headboat was permitted for Gulf reef fish or coastal 
migratory pelagic fish or both, and whether the charter vessel or 
headboat was uninspected (i.e., 6-pack) or had a USCG Certificate of 
Inspection.
    (v) Incomplete applications. If an application that is postmarked or 
hand-delivered in a timely manner is incomplete, the RA will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 20 days of the date of the RA's notification, the 
application will be considered abandoned.
    (6) Issuance of initial permits. If a complete application is 
submitted in a timely manner and the applicable eligibility requirements 
specified in paragraph (r)(2) of this section are met, the RA will issue 
a charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
and/or Gulf reef fish or a letter of eligibility for such fisheries, as 
appropriate, and mail it to the applicant not later than December 16, 
2002.
    (7) Notification of ineligibility. If the applicant does not meet 
the applicable eligibility requirements of paragraph (r)(2) of this 
section, the RA will notify the applicant, in writing, of such 
determination and the reasons for it not later than November 26, 2002.
    (8) Appeal process. (i) An applicant may request an appeal of the 
RA's determination regarding initial permit eligibility, as specified in 
paragraph (r)(2) of this section, by submitting a written request for 
reconsideration to the RA with copies of the appropriate records for 
establishing eligibility. Such request must be postmarked or hand-
delivered within 30 days after the date of the RA's notification of 
ineligibility and may include a request for an oral hearing. If an oral 
hearing is granted, the RA will notify the applicant of the place and 
date of the hearing and will provide the applicant a maximum of 30 days 
prior to the hearing to provide information in support of the appeal.
    (ii) A request for an appeal constitutes the appellant's 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et. seq.) for the RA to 
make available to the appellate officer(s) such confidential records as 
are pertinent to the appeal.
    (iii) The RA may independently review the appeal or may appoint one 
or more appellate officers to review the appeal and make independent 
recommendations to the RA. The RA will make the final determination 
regarding granting or denying the appeal.

[[Page 152]]

    (iv) The RA and appellate officer(s) are empowered only to 
deliberate whether the eligibility criteria in paragraph (r)(2) of this 
section were applied correctly. Hardship or other factors will not be 
considered in determining eligibility.
    (v) The RA will notify the applicant of the decision regarding the 
appeal within 30 days after receipt of the request for appeal or within 
30 days after the conclusion of the oral hearing, if applicable. The 
RA's decision will constitute the final administrative action by NMFS.
    (9) Transfer of permits--(i) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that does not have a historical captain 
endorsement is fully transferable, with or without sale of the permitted 
vessel, except that no transfer is allowed to a vessel with a greater 
authorized passenger capacity than that of the vessel from which the 
permit was transferred. The determination of authorized passenger 
capacity will be based on the USCG Certificate of Inspection or USCG 
Operator of Uninspected Passenger Vessel license associated with the 
vessels involved in the transfer. If no valid Certificate of Inspection 
is provided for a vessel, that vessel will be considered an uninspected 
vessel with an authorized passenger capacity restricted to six or fewer 
passengers.
    (ii) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish that has a historical captain endorsement may only be 
transferred to a vessel operated by the historical captain, cannot be 
transferred to a vessel with a higher authorized passenger capacity than 
the vessel from which the permit was transferred, and is not otherwise 
transferable.
    (iii) Procedure for permit transfer. To request that the RA transfer 
a charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
or Gulf reef fish, the owner of a vessel that is to receive the 
transferred permit must complete the transfer information on the reverse 
side of the permit and return the permit and a completed application for 
transfer to the RA.
    (10) Renewal. (i) Renewal of a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish or Gulf reef fish is contingent upon 
the permitted vessel and/or captain, as appropriate, being included in 
an active survey frame for, and, if selected to report, providing the 
information required in one of the following--
    (A) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey (conducted by the Gulf States Marine Fisheries Commission);
    (B) NMFS' Southeast Headboat Survey (as required by Sec. 622.5(b)(1) 
of this part);
    (C) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
    (D) A data collection system that replaces one or more of the 
surveys in paragraph (r)(10)(i)(A)(B) or (C) of this section.
    (ii) A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that is not renewed or that is revoked 
will not be reissued during the moratorium. A permit is considered to be 
not renewed when an application for renewal, as required, is not 
received by the RA within 1 year of the expiration date of the permit.
    (11) Requirement to display a vessel decal. Upon issuance, renewal, 
or transfer of a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish, the RA will issue the owner of 
the permitted vessel a vessel decal for the applicable permitted fishery 
or fisheries. The vessel decal must be displayed on the port side of the 
deckhouse or hull and must be maintained so that it is clearly visible.
    (12) Requirement and procedure for obtaining an initial charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic 
fish. (i) General. This paragraph (r)(12) explains the necessity of 
requiring and the procedure for obtaining an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish. 
Formerly, the charter vessel/headboat permit for coastal migratory 
pelagic fish applied in the EEZ of the Gulf and South Atlantic. The 
establishment of a separate charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish under

[[Page 153]]

the moratorium established by paragraph (r) of this section necessitates 
that a separate charter vessel/headboat permit for South Atlantic 
coastal migratory pelagic fish also be established effective December 
26, 2002 and that the former charter vessel/headboat permit for coastal 
migratory pelagic fish (applicable in both the Gulf and South Atlantic) 
be voided effective as of that same date. The newly required charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic fish 
is not subject to the provisions of the moratorium in paragraphs (r)(1) 
through (11) of this section.
    (ii) Application for and issuance of an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish--(A) 
Owner of a vessel with a valid charter vessel/headboat permit for 
coastal migratory pelagic fish. On or about June 28, 2002, the RA, based 
on NMFS' permit records, will mail an application for an initial charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic fish 
to each owner of a vessel with a valid charter vessel/headboat permit 
for coastal migratory pelagic fish. Any such owner who desires an 
initial charter vessel/headboat permit for South Atlantic coastal 
migratory pelagic fish must submit the completed application to the RA. 
To avoid any lapse in authorization to fish for coastal migratory 
species in the South Atlantic EEZ (i.e., valid permit status), such 
owners must submit the completed application to the RA postmarked or 
hand-delivered not later than September 26, 2002. For completed 
applications received by that deadline, the RA will issue the permit no 
later than December 16, 2002. Applications will be accepted at any time, 
but if received after the deadline, the permit may not be issued prior 
to the date that the permit is first required (i.e., December 26, 2002). 
These special procedures apply only to the application and issuance of 
the initial permit; subsequent permitting activities will be conducted 
in accordance with the standard permitting procedures as specified in 
Sec.  622.4(b) through (l).
    (B) Owner or operator of a vessel without a valid charter vessel/
headboat permit for coastal migratory pelagic fish. An owner or operator 
of a vessel who desires a charter vessel/headboat permit for South 
Atlantic coastal migratory pelagic fish and who does not have a valid 
charter vessel/headboat permit for coastal migratory pelagic fish must 
obtain a permit application from the RA. For additional permitting 
procedures, see Sec. 622.4(b) through (l)of this part.

[61 FR 34937, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept 9, 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, Mar. 
25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; 63 FR 10565, 10569, Mar. 4, 
1998; 63 FR 38301, July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 
59126, Nov. 2, 1999; 65 FR 16339, Mar. 28, 2000; 65 FR 41017, July 3, 
2000; 65 FR 52956, Aug. 31, 2000; 65 FR 61115, Oct. 16, 2000; 67 FR 
22362, May 3, 2002; 67 FR 43562, June 28, 2002]

    Effective Date Note: At 67 FR 51078, Aug. 7, 2002, Sec. 622.4 was 
amended by adding paragraph (a)(2)(xi), effective Dec. 5, 2002. For the 
convenience of the user, the added text follows:

Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (xi) Gulf shrimp. For a person aboard a vessel to fish for shrimp in 
the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a valid 
commercial vessel permit for Gulf shrimp must have been issued to the 
vessel and must be on board.

                                * * * * *