[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: 50CFR648.70]

[Page 355-356]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries
 
Sec. 648.70  Annual individual allocations.


    (a) General. (1) For each fishing year, the Regional Administrator 
shall determine the allocation of surf clams and ocean quahogs for each 
vessel owner issued an allocation for the preceding fishing year, by 
multiplying the quotas specified for each species by the Regional 
Administrator under Sec. 648.71

[[Page 356]]

by the allocation percentage, specified for that owner on the allocation 
permit for the preceding fishing year, adjusted to account for any 
transfer pursuant to paragraph (b) of this section. These allocations 
shall be made in the form of an allocation permit specifying for each 
species the allocation percentage and the allocation in bushels. Such 
permits shall be issued on or before December 15, to the registered 
holders who were assigned an allocation by November 1. The total number 
of bushels of allocation shall be divided by 32 to determine the 
appropriate number of cage tags to be issued or acquired under 
Sec. 648.75. Amounts of allocation 0.5 or smaller created by this 
division shall be rounded downward to the nearest whole number and 
amounts of allocation greater than 0.5 created by this division shall be 
rounded upward to the nearest whole number so that allocations are 
specified in whole cages. An allocation permit is only valid for the 
entity for which it is issued.
    (2) The Regional Administrator may, after publication of a fee 
notification in the Federal Register, charge a permit fee before 
issuance of the permit to recover administrative expenses. Failure to 
pay the fee will preclude issuance of the permit.
    (b) Transfers--(1) Allocation percentage. Subject to the approval of 
the Regional Administrator, part or all of an allocation percentage may 
be transferred, in amounts equivalent to not less than 160 bu (8,500 L) 
(i.e., 5 cages) in the year in which the transfer is made, to any person 
eligible to own a documented vessel under the terms of 46 U.S.C. 
12102(a). Approval of a transfer by the Regional Administrator and for a 
new allocation permit reflecting that transfer may be requested by 
submitting a written application for approval of the transfer and for 
issuance of a new allocation permit to the Regional Administrator at 
least 10 days before the date on which the applicant desires the 
transfer to be effective, in the form of a completed transfer log 
supplied by the Regional Administrator. The transfer is not effective 
until the new holder receives a new or revised annual allocation permit 
from the Regional Administrator. An application for transfer may not be 
made between October 15 and December 31 of each year.
    (2) Cage tags. Cage tags issued pursuant to Sec. 648.75 may be 
transferred in quantities of not less than 5 tags at any one time, 
subject to the restrictions and procedure specified in paragraph (b)(1) 
of this section; provided that application for such cage tag transfers 
may be made at any time before December 10 of each year and the transfer 
is effective upon the receipt by the transferee of written authorization 
from the Regional Administrator.
    (3) Review. If the Regional Administrator determines that the 
applicant has been issued a Notice of Permit Sanction for a violation of 
the Magnuson Act that has not been resolved, he/she may decline to 
approve such transfer pending resolution of the matter.