[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: 50CFR660.21] [Page 472-474] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC--Table of Contents Subpart C--Western Pacific Pelagic Fisheries Sec. 660.21 Permits. (a) A fishing vessel of the United States must be registered for use under a Hawaii longline limited access permit or a longline general permit if that vessel is used: (1) To fish for Pacific pelagic management unit species using longline gear in the EEZ around American Samoa, Guam, the Northern Mariana Islands, or other U.S. island possessions in the Pacific Ocean; or (2) To land or transship, shoreward of the outer boundary of the EEZ around American Samoa, Guam, the Northern Mariana Islands, or other U.S. island [[Page 473]] possessions in the Pacific Ocean, Pacific pelagic management unit species that were harvested with longline gear. (b) A fishing vessel of the United States must be registered for use under a Hawaii longline limited access permit if that vessel is used: (1) To fish for Pacific pelagic management unit species using longline gear in the EEZ around Hawaii; or (2) To land or transship, shoreward of the outer boundary of the EEZ around Hawaii, Pacific pelagic management unit species that were harvested with longline gear. (c) A receiving vessel must be registered for use with a receiving vessel permit if that vessel is used to land or transship, shoreward of the outer boundary of the fishery management area, Pacific pelagic management unit species that were harvested with longline gear. (d) Any required permit must be on board the vessel and available for inspection by an authorized agent, except that if the permit was issued while the vessel was at sea, this requirement applies only to any subsequent trip. (e) A permit is valid only for the vessel for which it is registered. A permit not registered for use with a particular vessel may not be used. (f) An application for a permit required under this section will be submitted to the Pacific Area Office as described inSec. 660.13. (g) General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, and sanctions for permits issued under this section, as applicable, are contained in Sec. 660.13. (h) A limited access permit may be transferred as follows: (1) The owner of a Hawaii longline limited access permit may apply to transfer the permit: (i) To a different person for registration for use with the same or another vessel; or (ii) For registration for use with another U.S. vessel under the same ownership. (2) An application for a permit transfer will be submitted to the Pacific Area Office as described in Sec. 660.13(c). (i) A Hawaii longline limited access permit will not be registered for use with a vessel that has a LOA greater than 101 ft (30.8 m). (j) Only a person eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or otherwise) a Hawaii longline limited access permit. (k) Except as provided in subpart D of 15 CFR part 904, any applicant for a permit or any permit owner may appeal to the Regional Director the granting, denial, conditioning, suspension, or transfer of a permit or requested permit under this section. To be considered by the Regional Director, the appeal will be in writing, will state the action(s) appealed, and the reasons therefor, and will be submitted within 30 days of the action(s) by the FMD. The appellant may request an informal hearing on the appeal. (1) Upon receipt of an appeal authorized by this section, the Regional Director may request additional information. Upon receipt of sufficient information, the Regional Director will decide the appeal in accordance with the criteria set out in this part and in the Fishery Management Plans prepared by the Council, as appropriate, based upon information relative to the application on file at NMFS and the Council and any additional information available; the summary record kept of any hearing and the hearing officer's recommended decision, if any, as provided in paragraph (k)(3) of this section; and such other considerations as deemed appropriate. The Regional Director will notify the appellant of the decision and the reasons therefor, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing. (2) If a hearing is requested, or if the Regional Director determines that one is appropriate, the Regional Director may grant an informal hearing before a hearing officer designated for that purpose. Such a hearing normally shall be held no later than 30 days following receipt of the appeal, unless the hearing officer extends the time. The appellant and, at the discretion of the hearing officer, other interested persons, may appear personally or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing [[Page 474]] officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend, in writing, a decision to the Regional Director. (3) The Regional Director may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Director will notify the appellant, and interested persons, if any, of the decision, and the reason(s) therefor, in writing, within 30 days of receipt of the hearing officer's recommended decision. The Regional Director's action shall constitute final Agency action for the purposes of the APA. (4) Any time limit prescribed in this section may be extended for a period not to exceed 30 days by the Regional Director for good cause, either upon his/her own motion or upon written request from the appellant stating the reason(s) therefor. (l) Applications for the re-registration of any vessel that was de- registered from a Hawaii longline limited access permit after March 29, 2001, must be received at PIAO or postmarked between September 15 and October 15. [61 FR 34572, July 2, 1996, as amended at 67 FR 40235, June 12, 2002] Effective Date Note: At 67 FR 56502, Sept. 4, 2002, Sec. 660.21 was amended by redesignating paragraph (l) as paragraph (n), and paragraphs (d) through (k) as paragraphs (e) through (l) respectively; newly redesignated paragraph (l)(1) was revised; and paragraphs (d) and (m) were added, effective Oct. 4, 2002. For the convenience of the user the revised text follows: Sec. 660.21 Permits. * * * * * (d) A fishing vessel of the United States must be registered for use with a PRIA pelagic troll and handline fishing permit if that vessel is used to fish for Pacific pelagic management unit species using pelagic handline or trolling fishing methods in the U.S. EEZ around the PRIA. * * * * * (l) * * * (1) Upon receipt of an appeal authorized by this section, the Regional Administrator may request additional information. Upon receipt of sufficient information, the Regional Administrator will decide the appeal in accordance with the criteria set out in this part and in the fishery management plans prepared by the Council, as appropriate, based upon information relative to the application on file at NMFS and the Council and any additional information available; the summary record kept of any hearing and the hearing officer's recommended decision, if any, as provided in paragraph (l)(3) of this section; and such other considerations as deemed appropriate. The Regional Administrator will notify the appellant of the decision and the reasons therefor, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing. * * * * * (m) Except during October, NMFS will not register with a Hawaii longline limited access permit any vessel that is de-registered from a Hawaii longline limited access permit after March 29, 2001.