[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: 50CFR679.4] [Page 577-601] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart A--General Sec. 679.4 Permits. (a) Requirements. Only persons who are U.S. citizens are authorized to receive or hold permits under this section, with the exception that an IFQ card issued to an individual person designated by a QS or IFQ permit holder as a master employed to fish his/her IFQ need not be held by a U.S. citizen. (1) What permits are available? Various types of permits are issued for programs codified at 50 CFR part 679. These permits are listed in the following table. The date of effectiveness for each permit is given along with certain reference paragraphs for further information. ---------------------------------------------------------------------------------------------------------------- If program permit or card type For more is: Permit is in effect from issue date through the end of: information, see .. ---------------------------------------------------------------------------------------------------------------- (i) IFQ (A) Registered Buyer Specified fishing year Paragraph 679.4(d)(2) of this section (B) Halibut & sablefish permits Specified fishing year Paragraph 679.4(d)(3)(i)(B) of this section (C) Halibut & sablefish cards Specified fishing year Paragraph 679.4(d)(3)(i)(C) of this section (ii) CDQ Halibut (A) Halibut permit Specified fishing year 679.32(f) (B) Halibut card Specified fishing year 679.32(f) (iii) AFA (A) Catcher/processor 12/31/04 Paragraph (f) of this section (B) Catcher vessel 12/31/04 Paragraph (f) of this section (C) Mothership 12/31/04 Paragraph (f) of this section (D) Inshore processor 12/31/04 Paragraph (f) of this section (E) Inshore cooperative Calendar year Paragraph (f) of this section (F) Replacement vessel Takes dates of replaced vessel's permit Paragraph (f) of this section (iv) Groundfish (A) Federal fisheries Until next renewal cycle Paragraph (b) of this section (B) Federal processor Until next renewal cycle Paragraph (f) of this section (v) High seas salmon permit Indefinite Paragraph (h) of this section (vi) High Seas Fishing Compliance 5 years Sec. 300.10 of Act (HSFCA) this title (vii) License Limitation Program (LLP) (A) Groundfish license Specified fishing year or interim (active until further Paragraph (k) of notice) this section (B) Crab license Specified fishing year or interim (active until further Paragraph (k) of notice) this section (viii) Exempted fisheries 1 year or less Sec. 679.6 (ix) Research 1 year or less Sec. 600.745(a) of this chapter [[Page 578]] (x) Prohibited species donation program (A) Salmon 3 years Sec. 679.26 (B) Halibut 3 years Sec. 679.26 ---------------------------------------------------------------------------------------------------------------- (2) Permit and logbook required by participant and fishery. For the various types of permits issued, refer to Sec. 679.5 for recordkeeping and reporting requirements. (3) Permit application. (i) A person may obtain or renew an application for any of the permits under this section and must mail completed forms to the Program Administrator, RAM. (ii) Upon receipt of an incomplete or improperly completed permit application, the Program Administrator, RAM, will notify the applicant of the deficiency in the permit application. If the applicant fails to correct the deficiency, the permit will not be issued. No permit will be issued to an applicant until a complete application is received. (iii) A separate application must be completed for each vessel, processor, or buying station and a copy must be retained of each completed or revised application. (iv) The information requested on the application must be typed or printed legibly. (v) All permits are issued free of charge. (4) Amended applications. An owner, operator, or manager who applied for and received a permit under this section must notify the Program Administrator, RAM, in writing, of any change in the information within 10 days of the date of that change. (5) Alteration. No person may alter, erase, or mutilate any permit, card, or document issued under this section. Any such permit, card, or document that is intentionally altered, erased, or mutilated is invalid. (6) Disclosure. NMFS will maintain a list of permitted processors that may be disclosed for public inspection. (7) Sanctions and denials. Procedures governing sanctions and denials are found at subpart D of 15 CFR part 904. Such procedures are required for enforcement purposes, not administrative purposes. (8) Harvesting privilege. Quota shares, permits, or licenses issued pursuant to this part are neither a right to the resource nor any interest that is subject to the ``takings'' provision of the Fifth Amendment to the U.S. Constitution. Rather, such quota shares, permits, or licenses represent only a harvesting privilege that may be revoked or amended subject to the requirements of the Magnuson-Stevens Act and other applicable law. (b) Federal Fisheries permit--(1) Groundfish. No vessel of the United States may be used to fish for groundfish in the GOA or BSAI unless the owner first obtains a Federal fisheries permit for the vessel, issued under this part. A Federal fisheries permit is issued without charge. (2) Non-groundfish. A vessel of the United States that fishes in the GOA or BSAI for any non-groundfish species, including but not limited to halibut, crab, salmon, scallops, and herring, and that is required to retain any bycatch of groundfish under this part must obtain a Federal fisheries permit under this part. (3) Vessel operations categories. (i) A Federal fisheries permit authorizes a vessel to conduct operations in the GOA or BSAI as a catcher vessel, catcher/processor, mothership, tender vessel, or support vessel. (ii) A Federal fisheries permit is issued to a vessel to function as a support vessel or as any combination of the other four categories (catcher vessel, catcher/processor, mothership, tender vessel). (iii) A vessel permitted as a catcher/processor, catcher vessel, mothership, or tender vessel also may conduct all operations authorized for a support vessel. (iv) A vessel permitted as a support vessel may not conduct activities as a [[Page 579]] catcher vessel, catcher/processor, mothership, and/or tender vessel. (4) Duration. (i) A Federal fisheries permit is issued on a 3-year cycle and is in effect from the date of issuance through the end of the current NMFS 3-year cycle, unless it is revoked, suspended, or modified under Sec. 600.735 or Sec. 600.740 of this chapter. (ii) A Federal fisheries permit is surrendered when the original permit is submitted to and received by the Program Administrator, RAM Program, Juneau, AK. (5) How do I obtain a Federal fisheries permit? To obtain a Federal fisheries permit, the owner must complete a Federal fisheries permit application and provide the following information for each vessel to be permitted: (i) New or amended application? Indicate whether application is for a new or amended Federal fisheries permit and if revision, enter the current Federal fisheries permit number. (ii) Owner information. Indicate the name(s), permanent business mailing address, business telephone number, business FAX number, and business e-mail address of the owner; and the name of any person or company (other than the owner) that manages the operations of the vessel. (iii) Vessel information. Indicate the vessel name and homeport (city and state); U.S. Coast Guard (USCG) documentation number; ADF&G vessel registration number; ADF&G processor code; vessel's LOA (ft), registered length (ft), gross tonnage, net tonnage, and shaft horsepower; whether this is a vessel of the United States; and whether this vessel will be used as a stationary floating processor. (iv) Area and gear information. Indicate requested/elected area(s) of operation. If a catcher/ processor and/or a catcher vessel, the gear types used for groundfish fishing. If a mothership or catcher/processor operating in the GOA, choose inshore or offshore component. (v) Signature. The owner or agent of the owner of the vessel must sign and date the application. If the owner is a company, the agent of the owner must sign and date the application. (vi) (Applicable through July 8, 2002) If the vessel will be using pot, hook-and-line, or trawl gear in the directed fisheries for pollock, Atka mackerel or Pacific cod in the GOA or in the BSAI. (vii) (Applicable through July 8, 2002) If the vessel owner will be fishing in the harvest limit area in Statistical Areas 542 or 543 in the directed fishery for Atka mackerel. (6) Issuance. (i) Except as provided in subpart D of 15 CFR part 904, upon receipt of a properly completed permit application, the Regional Administrator will issue a Federal fisheries permit required by this paragraph (b). (ii) The Regional Administrator will send the Federal fisheries permit to the applicant with the appropriate logbooks, as provided under Sec. 679.5. (7) Amended application. If the application for an amended permit required under this section designates a change or addition of a vessel operations category, the amended permit must be on board the vessel before the new type of operations begins. (8) Transfer. A Federal fisheries permit issued under this paragraph (b) is not transferable or assignable and is valid only for the vessel for which it is issued. (9) Inspection. (i) An original Federal fisheries permit issued under this paragraph (b) must be carried on board the vessel whenever the vessel is fishing. Photocopied or faxed copies are not considered originals. (ii) A permit issued under this paragraph (b) must be presented for inspection upon the request of any authorized officer. (c) [Reserved] (d) IFQ permits.--(1) General. In addition to the permit and licensing requirements prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and in the permit requirements of this section, all fishing vessels that harvest IFQ halibut or IFQ sablefish must have on board: (i) IFQ permit. A copy of an IFQ permit that specifies the IFQ regulatory area and vessel category in which IFQ halibut or IFQ sablefish may be harvested by the IFQ permit holder; and (ii) IFQ card. An original IFQ card issued by the Regional Administrator. [[Page 580]] (2) Registered buyer permit. A Registered buyer permit is required of: (i) Any person who receives IFQ halibut, CDQ halibut or IFQ sablefish from the person(s) who harvested the fish; (ii) Any person who harvests IFQ halibut or IFQ sablefish and transfers such fish: (A) In a dockside sale; (B) Outside of an IFQ regulatory area; or (C) Outside the State of Alaska. (iii) A vessel operator who obtains a vessel clearance or submits a departure report (see Sec. 679.5(l)(5)(iv)). (3) How do I obtain an IFQ permit, IFQ card, or Registered Buyer Permit? (i) IFQ permits and cards--(A) Issuance. The Regional Administrator will renew IFQ permits and cards annually or at other times as needed to accommodate transfers, revocations, appeals resolution, and other changes in QS or IFQ holdings, and designation of masters under Sec. 679.42. (B) IFQ permit. Each IFQ permit issued by the Regional Administrator will identify the permitted person and will be accompanied by a statement that specifies the amount of IFQ halibut or IFQ sablefish that person may harvest from a specified IFQ regulatory area using fixed gear and a vessel of a specified vessel category. (C) IFQ card. Each IFQ card issued by the Regional Administrator will display an IFQ permit number and the individual authorized by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit against the permit holder's IFQ. (ii) Registered buyer permits. Registered buyer permits will be renewed or issued annually by the Regional Administrator to persons that have a registered buyer application approved by the Regional Administrator. (4) Duration--(i) IFQ permit. An IFQ permit authorizes the person identified on the permit to harvest IFQ halibut or IFQ sablefish from a specified IFQ regulatory area at any time during an open fishing season during the fishing year for which the IFQ permit is issued until the amount harvested is equal to the amount specified under the permit, or until it is revoked, suspended, or modified under 15 CFR part 904. (ii) IFQ card. An IFQ card authorizes the individual identified on the card to land IFQ halibut or IFQ sablefish for debit against the specified IFQ permit until the card expires, or is revoked, suspended, or modified under 15 CFR part 904, or cancelled on request of the IFQ permit holder. (iii) Registered buyer permit. A registered buyer permit authorizes the person identified on the permit to receive or make an IFQ landing by an IFQ permit or card holder at any time during the fishing year for which it is issued until the registered buyer permit expires, or is revoked, suspended, or modified under 15 CFR part 904. (5) Transfer. The IFQ permits issued under this section are not transferable, except as provided under Sec. 679.41. IFQ cards and registered buyer permits issued under this paragraph (d) are not transferable. (6) Inspection--(i) IFQ permit. A legible copy of any IFQ permit issued under this section must be carried on board the vessel used by the permitted person to harvest IFQ halibut or IFQ sablefish at all times that such fish are retained on board. (ii) IFQ card. Except as specified in Sec. 679.42(d), an individual that is issued an IFQ card must remain aboard the vessel used to harvest IFQ halibut or IFQ sablefish with that card during all fishing operations until arrival at the point of landing and during all IFQ landings. The IFQ cardholder must present a copy of the IFQ permit and the original IFQ card for inspection on request of any authorized officer, clearing officer, or registered buyer purchasing IFQ species. Nothing in this paragraph would prevent an individual who is issued an IFQ card from being absent from the vessel used to harvest IFQ halibut or IFQ sablefish between the time the vessel arrives at the point of landing until the commencement of landing. (iii) Registered buyer permit. A legible copy of the registered buyer permit must be present at the location of an IFQ landing, and must be made available for inspection on request of any authorized officer or clearing officer. (7) Validity. An IFQ permit issued under this part is valid only if all IFQ fee liability of the IFQ permit holder [[Page 581]] that is due as a result of final agency action has been paid as specified in Secs. 679.45 and 679.5(l)(7)(ii). (e) Halibut CDQ permits and CDQ cards. See Sec. 679.32(f). (f) Federal processor permit--(1) Requirement. No shoreside processor of the United States or stationary floating processor may receive or process groundfish harvested in the GOA or BSAI, unless the owner first obtains a Federal processor permit issued under this part. A Federal processor permit is issued without charge. (2) How do I obtain a Federal processor permit? To obtain a Federal processor permit, the owner must complete a Federal processor permit application and provide the following information for each shoreside processor facility or plant and stationary floating processor to be permitted: (i) Permit application information. Indicate whether application is for a new or amended Federal processor permit and if a revision, the current Federal processor permit number. (ii) Owner information. Indicate the name(s), permanent business mailing address, business telephone number, business FAX number, and business e-mail address of the owner; and the name of any person or company (other than the owner) who manages the operations of the shoreside processor or stationary floating processor. (iii) Stationary floating processor information. Indicate the vessel name and homeport (city and state); USCG documentation number; ADF&G vessel registration number; ADF&G processor code; the vessel's LOA (ft), registered length (ft), gross tonnage, net tonnage and shaft horsepower; whether this is a vessel of the United States; and whether this vessel will be used as a stationary floating processor. (iv) Shoreside processor information. Indicate the shoreside processor's name; name and physical location of facility or plant at which the shoreside processor is operating (street, city, state, zip code); whether the shoreside processor is replacing a previous processor at this facility; and if yes, name of previous processor; whether there are multiple processors at this facility; whether the owner named in paragraph (f)(2)(ii) of this section owns this facility; shoreside processor ADF&G processor code, business telephone number, business FAX number, and business e-mail address. (v) Signature. The owner or agent of the owner of the shoreside processor or stationary floating processor must sign and date the application. If the owner is a company, the agent of the owner must sign and date the application. (3) Issuance. (i) Upon receipt of a properly completed permit application, the Regional Administrator will issue a Federal processor permit required by this paragraph (f). (ii) The Regional Administrator will send the Federal processor permit to the applicant with the shoreside processor logbook, as provided under Sec. 679.5. (4) Duration. (i) A Federal processor permit is issued for a 3-year period and remains in full force and effect from the date of issuance through the end of the current NMFS 3-year renewal cycle, unless it is revoked, suspended, or modified under Sec. 600.735 or Sec. 600.740 of this chapter. (ii) A Federal processor permit is surrendered when the original permit is submitted to and received by the Program Administrator, RAM Program, Juneau, AK. (5) Transfer. A Federal processor permit issued under this paragraph (f) is not transferable or assignable and is valid only for the processor for which it is issued. (6) Inspection. (i) An original Federal processor permit issued under this paragraph (f) must be on site at the shoreside processor, or stationary floating processor at all times. Photocopied or faxed copies are not considered originals. (ii) A permit issued under this paragraph (f) must be presented for inspection upon the request of any authorized officer. (g) Scallop LLP--(1) General requirements. In addition to the permit and licensing requirements prescribed in this part, each vessel within the EEZ off Alaska that is catching and retaining scallops, must have an original scallop LLP license on board at all times it is catching and retaining scallops. This scallop LLP license, issued by NMFS, authorizes the person named on the license to catch and retain scallops in [[Page 582]] compliance with regulations of the State of Alaska and only with a vessel that does not exceed the MLOA specified on the license and the gear designation specified on the license. (2) Qualifications for a scallop LLP license. A scallop LLP license will be issued to an eligible applicant who: (i) Is a qualified person; (ii) Was named on a State of Alaska scallop moratorium permit or Federal scallop moratorium permit on February 8, 1999; (iii) Used the moratorium permit held on February 8, 1999, to make legal landings of scallops in each of any 2 calendar years during the qualification period beginning January 1, 1996, through October 9, 1998; and (iv) Submitted a complete application for a scallop license during the application period specified pursuant to paragraph (g)(4) of this section. (3) Scallop license conditions and endorsements. A scallop license authorizes the license holder to catch and retain scallops only if the vessel length and gear used do not exceed the vessel length and gear endorsements specified on the license. These endorsements will be determined as follows. (i) The MLOA specified on the scallop license is equal to the length overall on February 8, 1999, of the longest vessel that was authorized by a Federal or State of Alaska Scallop Moratorium Permit to harvest scallops and used by the eligible applicant to make legal landings of scallops during the scallop LLP qualification period, as specified at Sec. 679.4(g)(2)(iii) of this part. (ii) The gear specified on a scallop license will be restricted to a single 6-ft (1.8-m) dredge in all areas if the eligible applicant was a moratorium permit holder with a Scallop Registration Area H (Cook Inlet) endorsement and did not make a legal landing of scallops caught outside of Area H during the qualification period specified in paragraph (g)(2)(iii) of this section. (4) Application for a scallop license--(i) General. The Regional Administrator will issue a scallop license to an applicant if a complete application is submitted by or on behalf of the applicant during the specified application period, and if that applicant meets all the criteria for eligibility in this part. An application that is postmarked or hand delivered after the ending date for the application period for the scallop LLP specified in paragraph Sec. 679.4(g)(4)(ii) will be denied. An application form will be sent to the last known address of the person identified as an eligible applicant by the official LLP record. An application form may be requested from the Regional Administrator. (ii) Application Period. January 16, 2001, through February 12, 2001. (iii) Contents of application. To be complete, an application for a scallop license must be signed and dated by the applicant, or the individual representing the applicant, and contain the following information, as applicable: (A) Scallop Moratorium Permit number under which legal landings of scallops were made during the qualification period specified in paragraph (g)(2)(iii) of this section; (B) Name, business address, telephone number, FAX number, and social security number or tax ID number of the applicant, and whether the applicant is a U.S. citizen or a U.S. business; (C) Name of the managing company, if any; (D) Evidence of legal landings in the qualifying years and registration areas; (E) For the vessel(s) being used as the basis for eligibility for a license, the name, state registration number (e.g., ADF&G number), the USCG documentation number, and valid evidence of the LOA on February 8, 1999, of the longest vessel used by the applicant during the qualification period specified in paragraph (g)(2)(iii) of this section. (iv) Successor-in-interest. If an applicant is applying as the successor-in-interest to an eligible applicant, an application, to be complete, also must contain valid evidence proving the applicant's status as a successor-in-interest to that eligible applicant and: (A) Valid evidence of the death of that eligible applicant at the time of application, if the eligible applicant was an individual; or (B) Valid evidence that the eligible applicant is no longer in existence at the time of application, if the eligible applicant is not an individual. [[Page 583]] (v) Application evaluation. The Regional Administrator will evaluate an application submitted during the specified application period and compare all claims in the application with the information in the official LLP record. Claims in the application that are consistent with information in the official LLP record will be accepted by the Regional Administrator. Inconsistent claims in the application, unless verified by evidence, will not be accepted. An applicant who submits inconsistent claims, or an applicant who fails to submit the information specified in paragraphs (g)(4)(iii) and (g)(4)(iv) of this section, will be provided a 60-day evidentiary period pursuant to paragraph (g)(4)(vii) of this section to submit the specified information, submit evidence to verify his or her inconsistent claims, or submit a revised application with claims consistent with information in the official LLP record. An applicant who submits claims that are inconsistent with information in the official LLP record has the burden of proving that the submitted claims are correct. (vi) Additional information or evidence. The Regional Administrator will evaluate additional information or evidence to support an applicant's inconsistent claims submitted within the 60-day evidentiary period pursuant to paragraph (g)(4)(vii) of this section. If the Regional Administrator determines that the additional information or evidence meets the applicant's burden of proving that the inconsistent claims in his or her application are correct, the official LLP record will be amended and the information will be used in determining whether the applicant is eligible for a license. However, if the Regional Administrator determines that the additional information or evidence does not meet the applicant's burden of proving that the inconsistent claims in his or her application is correct, the applicant will be notified by an initial administrative determination, pursuant to paragraph (g)(4)(viii) of this section, that the applicant did not meet the burden of proof to change the information in the official LLP record. (vii) 60-day evidentiary period. The Regional Administrator will specify by letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to support the claims made in his or her application, or to submit a revised application with claims consistent with information in the official LLP record, if the Regional Administrator determines that the applicant did not meet the burden of proving that the information on the application is correct through evidence provided with the application. Also, an applicant who fails to submit information as specified in paragraphs (g)(4)(iii) and (g)(4)(iv) of this section will have 60 days to provide that information. An applicant will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (viii) Initial administrative determinations (IAD). The Regional Administrator will prepare and send an IAD to the applicant following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the applicant fails to support the applicant's claims and is insufficient to rebut the presumption that the official LLP record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 60-day evidentiary period. The IAD will indicate the deficiencies in the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may appeal pursuant to Sec. 679.43. An applicant who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after the final resolution of that appeal in the applicant's favor. (ix) Issuance of a non-transferable license. The Regional Administrator will issue a non-transferable license to the applicant at the same time notification [[Page 584]] is provided to the applicant of his or her 60-day evidentiary period if issuance is required by the license renewal provisions of 5 U.S.C. 558. A non-transferable license authorizes a person to catch and retain scallops as specified on the non-transferable license, and will have the specific endorsements and designations based on the claims in his or her application. A non-transferable license will expire upon final agency action. (5) Transfer of a Scallop License--(i) General. The Regional Administrator will approve the transfer of a scallop license if a complete transfer application is submitted to Restricted Access Management, Alaska Region, NMFS, and if the transfer meets all the eligibility criteria as specified in paragraph (g)(5)(ii) of this section. An application form may be requested from the Regional Administrator. (ii) Eligibility criteria for transfers. A scallop license can be transferred if: (A) The designated transferee is eligible to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or outstanding permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the license limit in Sec. 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of transfer application. To be complete, an application for a scallop license transfer must be signed by the licence holder and the designated transferee, or the individuals representing them, and contain the following information, as applicable: (A) Name, business address, telephone number, and FAX number of the license holder and of the designated transferee; (B) License number and total price being paid for the license; (C) Certification that the designated transferee is a U.S. citizen, or a U.S. corporation, partnership, or other association; (D) A legible copy of a contract or sales agreement that specifies the license to be transferred, the license holder, the designated transferee, the monetary value or the terms of the license transfer; and (E) Other information the Regional Administrator deems necessary for measuring program performance. (iv) Incomplete applications. The Regional Administrator will return an incomplete transfer application to the applicant and identify any deficiencies if the Regional Administrator determines that the application does not meet all the criteria identified in paragraph (g)(5) of this section. (v) Transfer by court order, operation of law, or as part of a security agreement. The Regional Administrator will transfer a scallop license based on a court order, operation of law, or a security agreement if the Regional Administrator determines that the transfer application is complete and the transfer will not violate any of the provisions of this section. (h) High Seas Salmon permits--(1) Operators of commercial fishing vessels using power troll gear. The operator of a fishing vessel using power troll gear may engage in commercial fishing for salmon in the High Seas Salmon Management Area if the operator: (i) Held a valid State of Alaska power troll permanent entry permit on May 15, 1979, or is a transferee under paragraph (h)(13) of this section from an operator who held such a permit on that date; (ii) Held a valid State of Alaska power troll interim use permit on May 15, 1979; or (iii) Holds a High Seas Salmon Fishery permit issued by the Regional Administrator under paragraph (h)(7) of this section. (2) Crew members and other persons not the operator of a commercial fishing vessel using power troll gear. Crew members or other persons aboard but not the operator of a fishing vessel may assist in the vessel's commercial salmon fishing operations in the High Seas Management Area without a permit if a person described in paragraph (h)(1)(i) through (iii) of this section is also aboard the vessel and is engaged in the vessel's commercial fishing operations. (3) Personal use fishing. Any person who holds a valid State of Alaska sport fishing license may engage in personal [[Page 585]] use fishing in the High Seas Salmon Management Area. (4) Duration. Authorization under this paragraph (h) to engage in fishing for salmon in the High Seas Salmon Management Area constitutes a use privilege which may be revoked or modified without compensation. (5) Eligibility criteria for permits issued by the Regional Administrator. (i) Any person is eligible to be issued a High Seas Salmon Fishery permit under paragraph (h)(7) of this section if that person, during any one of the calendar years 1975, 1976, or 1977: (A) Operated a fishing vessel in the High Seas Salmon Management Area. (B) Engaged in commercial fishing for salmon in the High Seas Salmon Management Area. (C) Caught salmon in the High Seas Salmon Management Area using power troll gear. (D) Landed such salmon. (ii) The following persons are not eligible to be issued a High Seas Salmon Fishery permit under paragraph (h)(7) of this section: (A) Persons described in paragraph (h)(1)(i) or (h)(1)(ii) of this section. (B) Persons who once held but no longer hold a State of Alaska power troll permanent entry or interim-use permit. (6) Application. Applications for a High Seas Salmon Fishery permit must be in writing, signed by the applicant, and submitted to the Regional Administrator, at least 30 days prior to the date the person wishes to commence fishing, and must include: (i) The applicant's name, mailing address, and telephone number. (ii) The vessel's name, USCG documentation number or State of Alaska registration number, home port, length overall, registered tonnage, and color of the fishing vessel. (iii) The type of fishing gear used by the fishing vessel. (iv) State of Alaska fish tickets or other equivalent documents showing the actual landing of salmon taken in the High Seas Salmon Management Area by the applicant with power troll gear during any one of the years 1975 to 1977. (7) Issuance. (i) Except as provided in subpart D of 15 CFR part 904, upon receipt of a properly completed application, the Regional Administrator will determine whether the permit eligibility conditions have been met, and if so, will issue a High Seas Salmon Fishery permit. (ii) If the permit is denied, the Regional Administrator will notify the applicant in accordance with paragraph (h)(16) of this section. (iii) If an incomplete or improperly completed permit application is filed, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days following the date of receipt of notification, the application shall be considered abandoned. (8) Amended application. Any person who applies for and receives a High Seas Salmon Fishery permit issued under paragraph (h)(7) of this section must notify the Regional Administrator within 30 days of a change in any of the information submitted under paragraph (h)(6) of this section. (9) Replacement. Replacement permits may be issued for lost or unintentionally mutilated permits. An application for a replacement permit shall not be considered a new application. (10) Display. Any permit or license described in paragraph (h)(1) or (h)(3) of this section must be on board the vessel at all times while the vessel is in the High Seas Salmon Management Area. (11) Inspection. Any permit or license described in paragraph (h)(1) or (h)(3) of this section must be presented for inspection upon request by an authorized officer. (12) Sanctions. Procedures governing permit sanctions and denials are found at subpart D of 15 CFR part 904. (13) Transfer of authority to fish in the High Seas Salmon Management Area--(i) State of Alaska power troll permanent entry permits. The authority of any person to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area shall expire upon the transfer of that person's State of Alaska power troll permanent entry permit to another and shall be transferred to the new holder of that permit. (ii) Transfer of Authority by the Regional Administrator. (A) Any person to [[Page 586]] whom the proposed transfer of a State of Alaska power troll permanent entry permit is denied by the State of Alaska may apply, with the consent of the current holder of that permit, to the Regional Administrator for transfer to the applicant of the current holder's authority to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area. (B) The application for transfer shall be filed with the Regional Administrator within 30 days of the denial by the State of Alaska of the proposed transfer of the permit. (C) The application for transfer shall include all documents and other evidence submitted to the State of Alaska in support of the proposed transfer of the permit and a copy of the State of Alaska's decision denying the transfer of the permit. The Regional Administrator may request additional information from the applicant or from the State of Alaska to assist in the consideration of the application. (D) The Regional Administrator shall approve the transfer if it is determined that: (1) The applicant had the ability to participate actively in the fishery at the time the application for transfer of the permit was filed with the State of Alaska. (2) The applicant has access to power troll gear necessary for participation in the fishery. (3) The State of Alaska has not instituted proceedings to revoke the permit on the ground that it was fraudulently obtained. (4) The proposed transfer of the permit is not a lease. (E) Upon approval of the transfer application by the Regional Administrator, the authority of the permit holder to engage in commercial fishing for salmon in the High Seas Salmon Management Area using power troll gear shall expire, and that authority shall be transferred to the applicant. (14) Other Permits. (i) Except for emergency transfers under paragraph (h)(15) of this section, the authority of any person described in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this section to fish for salmon in the High Seas Salmon Management Area, may not be transferred to any other person. (ii) Except for emergency transfers under paragraph (h)(15) of this section, the authority to engage in commercial fishing for salmon which was transferred under paragraph (h)(13)(ii) of this section may not be transferred to any other person except the current holder of the State of Alaska power troll permanent entry permit from which that authority was originally derived. (iii) The authority described in paragraph (h)(14)(ii) of this section may be transferred to the current holder of that permit upon receipt of written notification of the transfer by the Regional Administrator. (15) Emergency transfers--authority to use power troll gear. (i) The authority of any person to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area may be transferred to another person for a period not lasting beyond the end of the calendar year of the transfer when sickness, injury, or other unavoidable hardship prevents the holder of that authority from engaging in such fishing. (ii) Such a transfer shall take effect automatically upon approval by the State of Alaska of an emergency transfer of a State of Alaska power troll entry permit, in accordance with the terms of the permit transfer. (iii) Any person may apply to the Regional Administrator for emergency transfer of the current holder's authority to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area for a period not lasting beyond the calendar year of the proposed transfer, if a person: (A) Is denied emergency transfer of a State of Alaska power troll entry permit by the State of Alaska; or (B) Requests emergency transfer of a Federal commercial power troll permit previously issued by the Regional Administrator, with the consent of the current holder of that permit. (iv) The Regional Administrator shall approve the transfer if he determines that: [[Page 587]] (A) Sickness, injury, or other unavoidable hardship prevents the current permit holder from engaging in such fishing. (B) The applicant had the ability to participate actively in the fishery at the time the application for emergency transfer of the permit was filed with the State of Alaska or, in the case of a Federal permit, with the Regional Administrator. (C) The applicant has access to power troll gear necessary for participation in the fishery. (D) The State of Alaska has not instituted proceedings to revoke the permit on the grounds that it was fraudulently obtained. (v) The application in the case of a State of Alaska permit shall be filed with the Regional Administrator within 30 days of the denial by the State of Alaska of emergency transfer of the permit. (vi) The application shall include all documents and other evidence submitted to the State of Alaska in support of the proposed emergency transfer of the permit and a copy of the State of Alaska's decision denying the emergency transfer of the permit. The Regional Administrator may request additional information from the applicant or from the State of Alaska to assist in the consideration of the application. (vii) Upon approval of the application by the Regional Administrator, the authority of the permit holder to engage in commercial fishing for salmon using power troll gear in the High Seas Salmon Management Area shall expire for the period of the emergency transfer, and that authority shall be transferred to the applicant for that period. (16) Appeals and hearings. (i) A decision by the Regional Administrator to deny a permit under paragraph (h)(7) of this section or to deny transfer of authority to engage in commercial fishing for salmon in the High Seas Salmon Management Area under paragraphs (h)(13) and (h)(14) of this section will: (A) Be in writing. (B) State the facts and reasons therefor. (C) Advise the applicant of the rights provided in this paragraph (h)(16). (ii) Any such decision of the Regional Administrator shall be final 30 days after receipt by the applicant, unless an appeal is filed with the NOAA/NMFS Assistant Administrator within that time. (iii) Failure to file a timely appeal shall constitute waiver of the appeal. (iv) Appeals under this paragraph (h)(16) must: (A) Be in writing. (B) Set forth the reasons why the appellant believes the Regional Administrator's decision was in error. (C) Include any supporting facts or documentation. (v) At the time the appeal is filed with the Assistant Administrator, the appellant may request a hearing with respect to any disputed issue of material fact. Failure to request a hearing at this time will constitute a waiver of the right to request a hearing. (vi) If a hearing is requested, the Assistant Administrator may order an informal fact-finding hearing if it is determined that a hearing is necessary to resolve material issues of fact and shall so notify the appellant. (vii) If the Assistant Administrator orders a hearing, the order will appoint a hearing examiner to conduct the hearing. (viii) Following the hearing, the hearing examiner shall promptly furnish the Assistant Administrator with a report and appropriate recommendations. (ix) As soon as practicable after considering the matters raised in the appeal, and any report or recommendation of the hearing examiner in the event a hearing is held under this paragraph (h)(16), the Assistant Administrator shall decide the appeal. (x) The Assistant Administrator shall promptly notify the appellant of the final decision. Such notice shall set forth the findings of the Assistant Administrator and set forth the basis of the decision. The decision of the Assistant Administrator shall be the final administrative action of the Department of Commerce. (i) Exempted fisheries permits. (See Sec. 679.6.) (j) Prohibited species donation program permits. (See Sec. 679.26(a)(3).) [[Page 588]] (k) Licenses for license limitation groundfish or crab species--(1) General requirements. (i) In addition to the permit and licensing requirements of this part, and except as provided in paragraph (k)(2) of this section, each vessel within the GOA or the BSAI must have an LLP groundfish license on board at all times it is engaged in fishing activities defined in Sec. 679.2 as directed fishing for license limitation groundfish. This groundfish license, issued by NMFS to a qualified person, authorizes a license holder to deploy a vessel to conduct directed fishing for license limitation groundfish only in accordance with the specific area and species endorsements, the vessel and gear designations, and the MLOA specified on the license. (ii) In addition to the permit and licensing requirements prescribed in this part, and except as provided in paragraph (k)(2) of this section, each vessel within the Bering Sea and Aleutian Islands Area must have a crab species license on board at all times it is engaged in fishing activities defined in Sec. 679.2 as directed fishing for crab species. This crab species license, issued by NMFS to a qualified person, authorizes a license holder to deploy a vessel to conduct directed fishing for crab species only for the specific species and in the specific area(s) designated on the license, and may be used only on a vessel that complies with the vessel designation and MLOA specified on the license. (2) Exempt vessels. Notwithstanding the requirements of paragraph (k)(1) of this section, (i) A catcher vessel or catcher/processor vessel that does not exceed 26 ft (7.9 m) LOA may conduct directed fishing for license limitation groundfish in the GOA without a groundfish license; (ii) A catcher vessel or catcher/processor vessel that does not exceed 32 ft (9.8 m) LOA may conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license and may conduct directed fishing for crab species in the Bering Sea and Aleutian Islands Area without a crab species license; (iii) A catcher vessel or catcher/processor vessel that does not exceed 60 ft (18.3 m) LOA may use a maximum of 5 jig machines, one line per jig machine, and a maximum of 15 hooks per line, to conduct directed fishing for license limitation groundfish in the BSAI without a groundfish license; or (iv) A catcher vessel or catcher/processor vessel that does not exceed 125 ft (38.1 m) LOA, and during the period after November 18, 1992, through October 9, 1998, was specifically constructed for and used exclusively in accordance with a CDP approved by NMFS, and is designed and equipped to meet specific needs that are described in the CDP, is exempted from the requirement to have a LLP groundfish license to conduct directed fishing for license limitation groundfish in the GOA and in the BSAI area and a crab species license to fish for crab species in the Bering Sea and Aleutian Islands Area. (3) Vessel and gear designations and vessel length categories-(i) General. A license may be used only on a vessel named on the license, a vessel that complies with the vessel designation and gear designation specified on the license, and a vessel that has an LOA less than or equal to the MLOA specified on the license. (ii) Vessel designations--(A) Catcher/processor vessel. A license will be assigned a catcher/processor vessel designation if: (1) For license limitation groundfish, license limitation groundfish were processed on the vessel that qualified for the groundfish license under paragraph (k)(4) of this section during the period January 1, 1994, through June 17, 1995, or in the most recent calendar year of participation during the area endorsement qualifying period specified in paragraph (k)(4)(ii) of this section; or (2) For crab species, crab species were processed on the vessel that qualified for the crab species license under paragraph (k)(5) of this section during the period January 1, 1994, through December 31, 1994, or in the most recent calendar year of participation during the area endorsement qualifying period specified in paragraph (k)(5)(ii) of this section. (3) For purposes of paragraphs (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this section, evidence of processing must be demonstrated by Weekly Production Reports or other valid documentation [[Page 589]] demonstrating that processing occurred on the vessel during the relevant period. (B) Catcher vessel. A license will be assigned a catcher vessel designation if it does not meet the criteria in paragraph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) of this section to be assigned a catcher/processor vessel designation. (C) Changing a vessel designation. A person who holds a groundfish license or a crab species license with a catcher/processor vessel designation may, upon request to the Regional Administrator, have the license reissued with a catcher vessel designation. The vessel designation change to a catcher vessel will be permanent, and that license will be valid for only those activities specified in the definition of catcher vessel designation at Sec. 679.2. (D) Limited processing by catcher vessels. Up to 1 mt of round weight equivalent of license limitation groundfish or crab species may be processed per day on a vessel less than or equal to 60 ft (18.3 m) LOA that is authorized to fish with an LLP license with a catcher vessel designation. (iii) Vessel length categories. A vessel's eligibility will be determined using the following three vessel length categories, which are based on the vessel's LOA on June 17, 1995, or, if the vessel was under reconstruction on June 17, 1995, the vessel's length on the date that reconstruction was completed. (A) Vessel length category ``A'' if the LOA of the qualifying vessel on the relevant date was equal to or greater than 125 ft (38.1 m) LOA. (B) Vessel length category ``B'' if the LOA of the qualifying vessel on the relevant date was equal to or greater than 60 ft (18.3 m) but less than 125 ft (38.1 m) LOA. (C) Vessel length category ``C'' if the LOA of the qualifying vessel on the relevant date was less than 60 ft (18.3 m) LOA. (iv) Gear designations for groundfish licenses-(A) General. A vessel may only use gear consistent with the gear designation on the LLP license authorizing the use of that vessel to fish for license limitation groundfish or crab species. (B) Trawl/non-trawl. A license will be assigned a trawl/non-trawl gear designation if trawl and non-trawl gear were used to harvest LLP species from the qualifying vessel during the period beginning January 1, 1988, through June 17, 1995. (C) Trawl. A license will be assigned a trawl gear designation if only trawl gear was used to harvest LLP species from the qualifying vessel during the period beginning January 1, 1988, through June 17, 1995. (D) Non-trawl. A license will be assigned a non-trawl gear designation if only non-trawl gear was used to harvest LLP species from the qualifying vessel during the period beginning January 1, 1988, through June 17, 1995. (E) Changing a gear designation. (1) An applicant may request a change of gear designation based on gear used from the vessel during the period beginning June 18, 1995, through February 7, 1998. Such a change would be permanent and may only be used for a change from trawl to non- trawl or from non-trawl to trawl. (2) An applicant may request a change of gear designation based on a significant financial investment in converting a vessel or purchasing fishing gear on or before February 7, 1998, and making a documented harvest with that gear on or before December 31, 1998. Such a change would be permanent and may only be used for a change from trawl to non- trawl or from non-trawl to trawl. (F) Definitions of non-trawl gear and significant financial investment. (1) For purposes of paragraph (k)(3)(iv) of this section, non-trawl gear means any legal gear, other than trawl, used to harvest license limitation groundfish. (2) For purposes of paragraph (k)(3)(iv)(E)(2) of this section, ``significant financial investment'' means having spent at least $100,000 toward vessel conversion and/or gear to change to trawl gear from non-trawl gear, or having acquired groundline, hooks, pots, jig machines, or hauling equipment to change to non-trawl gear from trawl gear. (4) Qualifications for a groundfish license. A groundfish license will be issued to an eligible applicant that meets the criteria in paragraphs (k)(4)(i) and (k)(4)(ii) of this section. For purposes of the license limitation [[Page 590]] program, evidence of a documented harvest must be demonstrated by a state catch report, a Federal catch report, or other valid documentation that indicates the amount of license limitation groundfish harvested, the groundfish reporting area in which the license limitation groundfish was harvested, the vessel and gear type used to harvest the license limitation groundfish, and the date of harvesting, landing, or reporting. State catch reports are Alaska, California, Oregon, or Washington fish tickets. Federal catch reports are Weekly Production Reports required under Sec. 679.5. (i) General qualification periods (GQP). This table provides the GQP documented harvest requirements for LLP groundfish licenses: ---------------------------------------------------------------------------------------------------------------- IF THE REQUIREMENTS FOUND IN THE TABLE AT Sec. 679.4(k)(4)(ii) ARE MET FOR THE AREA A GROUNDFISH LICENSE WILL BE ENDORSEMENT AND AT LEAST ONE DOCUMENTED DURING THE PERIOD... ASSIGNED... HARVEST OF LICENSE LIMITATION GROUNDFISH WAS CAUGHT AND RETAINED IN... ---------------------------------------------------------------------------------------------------------------- (A) One or more area endorsements in the BSAI or waters shoreward of the BSAI (1) Beginning January 1, the table at Sec. 679.4(k)(4)(ii)(A) 1988, through June 27, or (B) 1992; or (2) Beginning January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through December 11, 1994, a documented harvest of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear. (B) One or more area endorsements in the GOA or in waters shoreward of the GOA (1) Beginning January 1, the table at Sec. 679.4(k)(4)(ii)(C) 1988, through June 27, through (O) 1992; or (2) Beginning January 1, 1988, through December 31, 1994, provided that the harvest was of license limitation groundfish using pot or jig gear from a vessel that was less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through December 11, 1994, a documented harvest landing of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear. ---------------------------------------------------------------------------------------------------------------- (ii) Endorsement qualification periods (EQP). This table provides the documented harvest requirements for LLP groundfish license area endorsements: [[Page 591]] -------------------------------------------------------------------------------------------------------------------------------------------------------- FROM A VESSEL IN A GROUNDFISH LICENSE WILL BE IF... DURING THE PERIOD... IN... VESSEL LENGTH AND THAT MEETS THE ASSIGNED... CATEGORY... REQUIREMENTS FOR A... -------------------------------------------------------------------------------------------------------------------------------------------------------- (A) An Aleutian Island area at least one beginning January 1, the Aleutian Islands ``A'', ``B'', or catcher/ processor endorsement documented harvest of 1992, through June Subarea or in waters ``C'' designation or a any amount of license 17, 1995. shoreward of that catcher vessel limitation groundfish area. designation. was made. (B) A Bering Sea area endorsement at least one beginning January 1, the Bering Sea Subarea ``A'', ``B'', or catcher/ processor documented harvest of 1992, through June or in waters ``C'' designation or a any amount of license 17, 1995. shoreward of that catcher vessel limitation groundfish area. designation. was made. (C) A Western Gulf area endorsement at least one beginning January 1, the Western GOA ``A'' catcher/ processor documented harvest of 1992, through June regulatory area or in designation or a any amount of license 17, 1995. waters shoreward of catcher vessel limitation groundfish that area. designation; or was made in each of any two calendar years. (D) A Western Gulf area endorsement at least one beginning January 1, the Western Area of ``B'' catcher vessel documented harvest of 1992, through June the Gulf of Alaska or designation; or any amount of license 17, 1995. in waters shoreward limitation groundfish of that area. was made. (E) A Western Gulf area endorsement at least one beginning January 1, the Western Area of ``B'' catcher/processor documented harvest of 1992, through June the Gulf of Alaska or vessel designation; any amount of license 17, 1995. in waters shoreward or limitation groundfish of that area. was made in each of any two calendar years. (F) A Western Gulf area endorsement at least four beginning January 1, the Western Area of ``B'' catcher/processor documented harvest of 1995, through June the Gulf of Alaska or vessel designation; any amount of license 17, 1995. in waters shoreward or limitation groundfish of that area. were made. (G) A Western Gulf area endorsement at least one beginning January 1, the Western Area of ``C''catcher/processor documented harvest of 1992, through June the Gulf of Alaska or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that area. designation. was made. (H) A Central Gulf area endorsement at least one beginning January 1, the Central area of ``A'' catcher/processor documented harvest of 1992, through June the Gulf of Alaska or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that area, or in designation; or was made in each of the West Yakutat any two calendar District or in waters years. shoreward of that district. [[Page 592]] (I) A Central Gulf area endorsement at least one beginning January 1, the Central area of ``B'' catcher/processor documented harvest of 1992, through June the Gulf of Alaska or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that area, or in designation; or was made in each of the West Yakutat any two calendar District or in waters years. shoreward of that district. (J) A Central Gulf area endorsement at least four beginning January 1, the Central area of ``B'' catcher/processor documented harvest of 1995, through June the Gulf of Alaska or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that area, or in designation; or were made. the West Yakutat District or in waters shoreward of that district. (K) A Central Gulf area endorsement at least one beginning January 1, the Central area of ``C''catcher/processor documented harvest of 1992, through June the Gulf of Alaska or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that area, or in designation. was made. the West Yakutat District or in waters shoreward of that district. (L) A Southeast Outside area at least one beginning January 1, in the Southeast ``A'' catcher/processor endorsement documented harvest of 1992, through June Outside District or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that district. designation; or was made in each of any two calendar years. (M) A Southeast Outside area at least one beginning January 1, in the Southeast ``B'' catcher/processor endorsement documented harvest of 1992, through June Outside District or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that district. designation; or was made in each of any two calendar years. (N) A Southeast Outside area at least four beginning January 1, in the Southeast ``B'' catcher/processor endorsement documented harvest of 1995, through June Outside District or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that district. designation; or were made. (O) A Southeast Outside area at least one beginning January 1, in the Southeast ``C''catcher/processor endorsement documented harvest of 1992, through June Outside District or designation or a any amount of license 17, 1995. in waters shoreward catcher vessel limitation groundfish of that district. designation. was made. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 593]] (iii) An eligible applicant that is issued a groundfish license based on a vessel's qualifications in the table at paragraphs (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section must choose only one area endorsement for that groundfish license even if documented harvests qualifies the eligible applicant for more than one area endorsement. (iv) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, NMFS will issue a groundfish license with the appropriate area endorsements to an eligible applicant whose vessel meets the requirements in the table at paragraph (k)(4)(i)(A) of this section, and the requirements in the table at any of the paragraphs (k)(4)(ii)(C) through (O) of this section, except: (A) From whose vessel no documented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no documented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1992, through June 17, 1995. (v) Notwithstanding the provisions in paragraph (k)(4)(i) of this section, a groundfish license with the appropriate area endorsements will be issued to an eligible applicant whose vessel meets the requirements in the tables at paragraphs (k)(4)(i) and (k)(4)(ii) and (A) or (B) of this section, except: (A) From whose vessel no documented harvests were made in the BSAI or waters shoreward of the BSAI during the period beginning January 1, 1988, through June 27, 1992, and (B) From whose vessel no documented harvests were made in the GOA or waters shoreward of the GOA during the period beginning January 1, 1992, through June 17, 1995. (5) Qualification for a crab species license. A crab species license will be issued to an eligible applicant who owned a vessel that meets the criteria in paragraphs (k)(5)(i), (k)(5)(ii), and (k)(5)(iii) of this section, except that vessels are exempt from the requirements in paragraph (k)(5)(i) of this section for area/species endorsements at paragraphs (A) and (G) in the table at paragraph (k)(5)(ii) of this section. (i) General qualification period (GQP). To qualify for one or more of the area/species endorsements in the table at paragraph (k)(5)(ii) of this section, the requirements of paragraph (k)(5)(iii) of this section must be met and: (A) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and June 27, 1992; or (B) At least one documented harvest of any amount of crab species must have been made from a vessel between January 1, 1988, and December 31, 1994, providing that, during the period January 1, 1988, through February 9, 1992, the vessel for which the documented harvest was made also made a legal landing of any groundfish species harvested in the GOA or BSAI with any authorized gear, except sablefish caught with fixed gear, and, during the period February 10, 1992, through December 11, 1994, made a legal landing of any king or Tanner crab species harvested in the Bering Sea and Aleutian Islands Area. (ii) Area/species endorsements. This table provides the documented harvest requirements for LLP crab license area/species endorsements: ---------------------------------------------------------------------------------------------------------------- A CRAB SPECIES LICENSE WILL BE ASSIGNED... IF... DURING THE PERIOD... IN... ---------------------------------------------------------------------------------------------------------------- (A) A Pribilof red king and at least one documented harvest of beginning January 1, the area described Pribilof blue king area/species red king crab or blue king crab 1993, through in the definition endorsement was made by a vessel December 31, 1994. for a Pribilof red king and Pribilof blue king area/ species endorsement at Sec. 679.2. (B) A Bering Sea and Aleutian at least three documented harvests beginning January 1, the area described Islands Area C. opilio and C. of C. opilio and C. bairdi were 1992, through in the definition bairdi area/species endorsement made by a vessel December 31, 1994. for a Bering Sea and Aleutian Islands Area C. opilio and C. bairdi area/ species endorsement at Sec. 679.2. [[Page 594]] (C) A St. Matthew blue king area/ at least one documented harvest of beginning January 1, the area described species endorsement red king crab or blue king crab 1992, through in the definition was made by a vessel December 31, 1994. for a St. Matthew blue king area/ species endorsement at Sec. 679.2. (D) An Aleutian Islands brown at least three documented harvests beginning January 1, the area described king area/species endorsement of brown king crab were made by a 1992, through in the definition vessel December 31, 1994. for an Aleutian Islands brown king area/species endorsement at Sec. 679.2. (E) An Aleutian Islands red king at least one documented harvest of beginning January 1, the area described area/species endorsement red king crab or blue king crab 1992, through in the definition was made by a vessel December 31, 1994. for an Aleutian Islands red king area/species endorsement at Sec. 679.2. (F) A Bristol Bay red king area/ at least one documented harvest of beginning January 1, the area described species endorsement red king crab or blue king crab 1991, through in the definition was made by a vessel December 31, 1994. for a Bristol Bay red king area/ species endorsement at Sec. 679.2. (G) A Norton Sound red king and at least one documented harvest of beginning January 1, the area described blue king area/species red king crab or blue king crab 1993, through in the definition endorsement was made by a vessel December 31, 1994. for a Norton Sound red king and blue king area/species endorsement at Sec. 679.2. ---------------------------------------------------------------------------------------------------------------- (iii) Recent participation period (RPP). (A) A person must have made at least one documented harvest of any amount of crab species from a qualifying vessel during the period from January 1, 1996, through February 7, 1998, to qualify for one or more of the area/species endorsements specified at Sec. 679.2. (B) Exceptions to the RPP. A person does not need to meet the documented harvest requirements in paragraph (k)(5)(iii)(A) of this section if he or she deployed a vessel that met the documented harvest requirements in paragraph (k)(5)(i) of this section, if applicable, paragraph (k)(5)(ii) of this section, and: (1) Only qualifies area/species endorsement at paragraph (G) in the table at paragraph (k)(5)(ii). (2) Those documented harvests were made from a vessel that meets the requirements for vessel length category ``C''. (3) The vessel used to meet the document harvest requirements in paragraphs (k) (5) (i) and (k) (5) (ii) of this section was lost or destroyed, and he or she made a documented harvest of crab species any time during the period beginning after the vessel was lost or destroyed but before January 1, 2000. (iv) Exception to the complete fishing history earned on one vessel. A person who can demonstrate that his or her vessel made a documented harvest of crab species during the period from January 1, 1998, through February 7, 1998, and who obtains the fishing history of a vessel that meets the documented harvest requirements of paragraphs (k)(5)(i) and (k)(5)(ii) of this section, or who entered into a contract to obtain the fishing history of a vessel that meets the documented harvest requirements of paragraphs (k)(5)(i) and (k)(5)(ii) of this section by 8:36 am Pacific standard time on October 10, 1998, is exempted from the requirement of having a complete fishing history earned on one vessel. (v) A qualified person who owned a vessel on June 17, 1995, that met the requirements in paragraphs (k)(5)(i) and (ii) of this section, but whose vessel was unable to meet requirements of paragraph (k)(5)(iii) of this section because of unavoidable circumstances (i.e., the vessel was lost damaged, or otherwise unable to participate in the license limitation crab fisheries) may receive a license if the qualified person is able to demonstrate that: (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct fishing for license limitation crab species with that vessel during a specific time period in a specific area; (B) The specific intent to conduct directed fishing for license limitation crab species was thwarted by a circumstance that was: (1) Unavoidable; [[Page 595]] (2) Unique to the owner of that vessel, or unique to that vessel; and (3) Unforeseen and reasonably unforeseeable to the owner of the vessel; (C) The circumstance that prevented the owner from conducting directed fishing for license limitation crab species actually occurred; (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstances that prevented the owner from conducting directed fishing for license limitation crab species; and (E) Any amount of license limitation crab species was harvested on the vessel after the vessel was prevented from participating but before January 1, 2000. (vi) A groundfish license or crab species license may be used on a vessel that is named on the license, that complies with the vessel designation, and that does not exceed the MLOA on the license. (6) Application for a groundfish license or a crab species license. (i) General. The Regional Administrator will issue a groundfish license or a crab species license to an applicant if a complete application is submitted by or on behalf of the applicant during the specified application period, and if that applicant meets all the criteria for eligibility in paragraph (k) of this section. An application that is postmarked or delivered after the ending date for the application period for the License Limitation Program specified in the Federal Register will be denied. An application form will be sent to the last known address of a person identified as an eligible applicant by the official LLP record. An application form may be requested from the Regional Administrator. (ii) Application period. An application period of no less than 90 days will be specified by notification in the Federal Register and other information sources deemed appropriate by the Regional Administrator. (iii) Contents of application. To be complete, an application for a groundfish license or a crab species license must be signed by the applicant, or the individual representing the applicant, and contain the following, as applicable: (A) Name, business address, telephone number, and FAX number of the applicant; (B) Name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel being used as the basis for eligibility for a license; and name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel to be deployed with the license if different than the vessel used as the basis of eligibility for a license; (C) Name of the managing company, if any; (D) Valid evidence of the documented harvests that are the basis of eligibility for a license, including harvest area, gear used, date of landing, and, if applying for a crab species license, species; (E) Valid evidence of LOA on June 24, 1992, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed and valid evidence of when reconstruction began and ended; (F) Valid evidence of LOA on June 17, 1995, of the vessel used as the basis of eligibility for a license, except if that vessel was under reconstruction on that date, valid evidence of LOA on the date reconstruction was completed, and valid evidence of when reconstruction began and ended; (G) Valid evidence to support the applicant's claim for a vessel designation of catcher vessel or catcher/processor vessel; (H) Valid evidence of ownership of the vessel being used as the basis for eligibility for a license (for USCG documented vessels, valid evidence must be the USCG Abstract of Title), or if eligibility is based on a fishing history that has been separated from a vessel, valid evidence of ownership of the fishing history being used as the basis of eligibility for a license; and (I) Valid evidence of the LOA of the vessel to be deployed by the license if different than the vessel used as the basis for eligibility for a license. (iv) Other information required for special circumstances. [[Page 596]] (A) Successor-in-interest. If an applicant is applying as the successor-in-interest to an eligible applicant, an application, to be complete, also must contain valid evidence proving the applicant's status as a successor-in-interest to that eligible applicant and: (1) Valid evidence of the death of that eligible applicant at the time of application, if the eligible applicant was or is an individual; or (2) Valid evidence that the eligible applicant is no longer in existence at the time of application, if the eligible applicant is not an individual. (B) Norton Sound crab species license endorsement. If an applicant is applying for a crab species license endorsement for Norton Sound and if the applicant is a person, an application, to be complete, must contain valid evidence that the applicant was a State of Alaska permit holder for the Norton Sound king crab summer fishery in 1993 or 1994. If the applicant is a corporation, an application, to be complete, must contain valid evidence that the corporation owned or had a lease for a vessel on June 17, 1995, that participated in the Norton Sound king crab summer fishery in 1993 or 1994. (C) Extended general qualification period. If an applicant is applying for a license based on meeting the general qualification period requirements of paragraph (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this section, the application, to be complete, must indicate which single endorsement area the applicant has selected for license. A license cannot be endorsed for more than one area, notwithstanding the fact that the applicant may have the documented harvests to qualify for more than one endorsement area. (D) Unavoidable circumstances. If a person is claiming that unavoidable circumstances prevented him or her from meeting certain eligibility requirements for a license under paragraph (k) of this section, he or she must provide the information required in the particular paragraph of this section authorizing such a claim, and include valid evidence of the date the vessel was lost, damaged, or otherwise unable to participate in the fishery, and the date a documented harvest was made after the vessel was unable to participate in the fishery by the unavoidable circumstance. (v) Application evaluation. The Regional Administrator will evaluate an application submitted during the specified application period and compare all claims in the application with the information in the official LLP record. Claims in the application that are consistent with information in the official LLP record will be accepted by the Regional Administrator. Inconsistent claims in the application, unless verified by evidence, will not be accepted. Pursuant to paragraph (k)(6)(vii) of this section, an applicant who submits inconsistent claims, or an applicant who fails to submit the information specified in paragraphs (k)(6)(iii) and (k)(6)(iv) of this section, will be provided a 60-day evidentiary period pursuant to paragraph (k)(6)(vii) of this section to submit the specified information, submit evidence to verify his or her inconsistent claims, or submit a revised application with claims consistent with information in the official LLP record. An applicant who submits claims that are inconsistent with information in the official LLP record has the burden of proving that the submitted claims are correct. (vi) Additional information or evidence. The Regional Administrator will evaluate additional information or evidence to support an applicant's inconsistent claims submitted within the 60-day evidentiary period pursuant to paragraph (k)(6)(vii) of this section. If the Regional Administrator determines that the additional information or evidence meets the applicant's burden of proving that the inconsistent claims in his or her application is correct, the official LLP record will be amended and the information will be used in determining whether the applicant is eligible for a license. However, if the Regional Administrator determines that the additional information or evidence does not meet the applicant's burden of proving that the inconsistent claims in his or her application is correct, the applicant will be notified by an initial administrative determination, pursuant to paragraph (k)(6)(viii) of this section, that the applicant did not meet the burden of proof to change the information in the official LLP record. [[Page 597]] (vii) 60-day evidentiary period. The Regional Administrator will specify by letter a 60-day evidentiary period during which an applicant may provide additional information or evidence to support the claims made in his or her application, or to submit a revised application with claims consistent with information in the official LLP record, if the Regional Administrator determines that the applicant did not meet the burden of proving that the information on the application is correct through evidence provided with the application. Also, an applicant who fails to submit information as specified in paragraphs (k)(6)(iii) and (k)(6)(iv) of this section will have 60 days to provide that information. An applicant will be limited to one 60-day evidentiary period. Additional information or evidence, or a revised application, received after the 60-day evidentiary period specified in the letter has expired will not be considered for purposes of the initial administrative determination. (viii) Initial administrative determinations (IAD). The Regional will prepare and send an IAD to the applicant following the expiration of the 60-day evidentiary period if the Regional Administrator determines that the information or evidence provided by the applicant fails to support the applicant's claims and is insufficient to rebut the presumption that the official LLP record is correct, or if the additional information, evidence, or revised application is not provided within the time period specified in the letter that notifies the applicant of his or her 60-day evidentiary period. The IAD will indicate the deficiencies in the application, including any deficiencies with the information, the evidence submitted in support of the information, or the revised application. The IAD will also indicate which claims cannot be approved based on the available information or evidence. An applicant who receives an IAD may appeal pursuant to Sec. 679.43. An applicant who avails himself or herself of the opportunity to appeal an IAD will not receive a transferable license until after the final resolution of that appeal, notwithstanding the eligibility of that applicant for some claims based on consistent information in the application. (ix) Issuance of a non-transferable license. The Regional Administrator will issue a non-transferable license to the applicant on issuance of an IAD if required by the license renewal provisions of 5 U.S.C. 558. A non-transferable license authorizes a person to deploy a vessel to conduct directed fishing for license limitation groundfish or crab species as specified on the non-transferable license, and will have the specific endorsements and designations based on the claims in his or her application. A non-transferable license will expire upon final agency action. (7) Transfer of a groundfish license or a crab species license--(i) General. The Regional Administrator will transfer a groundfish license or a crab species license if a complete transfer application is submitted to Restricted Access Management, Alaska Region, NMFS, and if the transfer meets the eligibility criteria as specified in paragraph (k)(7)(ii) of this section. An application form may be requested from the Regional Administrator. (ii) Eligibility criteria for transfers. A groundfish license or crab species license can be transferred if: (A) The designated transferee is eligible to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (B) The parties to the transfer do not have any fines, civil penalties, other payments due and outstanding, or outstanding permit sanctions resulting from Federal fishing violations; (C) The transfer will not cause the designated transferee to exceed the license caps in Sec. 679.7(i); and (D) The transfer does not violate any other provision specified in this part. (iii) Contents of application. To be complete, an application for a groundfish license transfer or a crab species license transfer must be signed by the license holder and the designated transferee, or the individuals representing them, and contain the following, as applicable: (A) Name, business address, telephone number, and FAX number of the license holder and the designated transferee; [[Page 598]] (B) Name, state registration number (e.g., ADF&G number), and, if applicable, the USCG documentation number of the vessel to be deployed with the license (i.e., the designated vessel) after the transfer is approved; (C) Valid evidence that the designated transferee is a person eligible to document a fishing vessel under Chapter 121, Title 46, U.S.C.; (D) A legible copy of a contract or sales agreement that specifies the license to be transferred, the license holder, the designated transferee, the monetary value or the terms of the license transfer, and the signature of the license holder and the designated transferee; and (E) Information regarding whether a broker was used for the transaction, whether the license was collateralized, and other information the Regional Administrator deems necessary for measuring program performance. (iv) Incomplete applications. The Regional Administrator will return an incomplete transfer application to the applicant and identify any deficiencies if the Regional Administrator determines that the application does not meet all the criteria identified in paragraph (k)(7) of this section. (v) Transfer by court order, operation of law, or as part of a security agreement. The Regional Administrator will transfer a groundfish license or a crab species license based on a court order, operation of law, or a security agreement if the Regional Administrator determines that the transfer application is complete and the transfer will not violate any of the provisions of this section. (vi) Voluntary transfer limitation. A groundfish license or a crab species license may be voluntarily transferred only once in any calendar year. A voluntary transfer is a transfer other than one pursuant to a court order, operation of law, or a security agreement. An application for transfer that would cause a person to exceed the transfer limit of this provision will not be approved. (vii) Request to change the designated vessel. A request to change the vessel designated on an LLP groundfish or crab species license must be made on a transfer application. If this request is approved and made separately from a license transfer, it will count towards the annual limit on voluntary transfers specified in paragraph (k)(7)(vi) of this section. (viii) Severability of licenses. (A) Area endorsements or area/ species endorsements specified on a license are not severable from the license and must be transferred together. (B) A groundfish license and a crab species license issued based on the legal landings of the same vessel and initially issued to the same qualified person are not severable and must be transferred together. (ix) Other transfer restrictions. The transfer of a LLP license that was issued based on the documented harvests from a vessel that did not have an FFP during the period beginning January 1, 1988, through October 8, 1998, must be accompanied by the vessel from which the documented harvests were made or its replacement vessel, or if the LLP license and vessel were separated by transfer prior to February 7, 1998, then by the vessel that is currently being deployed by the license holder. The Regional Administrator will deny a transfer application that requests the transfer of a LLP license that was issued based on the documented harvests from a vessel that did not have an FFP during the period beginning January 1, 1988, through October 8, 1998, if the appropriate vessel is not being transferred as part of the same transaction. A license holder of an LLP license that was issued based on the documented harvests from a vessel that did not have an FFP during the period beginning January 1, 1988, through October 8, 1998, may replace the vessel from which the documented harvests were made with another vessel that meets the vessel designation and MLOA requirements specified on the LLP license if the original qualifying vessel is lost or destroyed. (8) Other provisions. (i) Any person committing, or a fishing vessel used in the commission of, a violation of the Magnuson-Stevens Fishery Conservation and Management Act or any regulations issued pursuant thereto, is subject to the civil and criminal penalty [[Page 599]] provisions and the civil forfeiture provisions of the Magnuson-Stevens Fishery Conservation and Management Act, part 621 of this chapter, 15 CFR part 904 (Civil Procedure), and other applicable law. Penalties include, but are not limited to, permanent or temporary sanctions to licenses. (ii) Notwithstanding the provisions of the license limitation program in this part, vessels fishing for species other than license limitation groundfish as defined in Sec. 679.2 that were authorized under Federal regulations to incidentally catch license limitation groundfish without a Federal fisheries permit described at Sec. 679.4(b) will continue to be authorized to catch the maximum retainable bycatch amounts of license limitation groundfish as provided in this part without a groundfish license. (iii) An eligible applicant, who qualifies for a groundfish license or crab species license but whose vessel on which the eligible applicant's qualification was based was lost or destroyed, will be issued a license. This license: (A) Will have the vessel designation of the lost or destroyed vessel. (B) Cannot be used to conduct directed fishing for license limitation groundfish or to conduct directed fishing for crab species on a vessel that has an LOA greater than the MLOA designated on the license. (iv) A qualified person who owned a vessel on June 17, 1995, that made a documented harvest of license limitation groundfish, or crab species if applicable, between January 1, 1988, and February 9, 1992, but whose vessel was unable to meet all the criteria in paragraph (k)(4) of this section for a groundfish license or paragraph (k)(5) of this section for a crab species license because of an unavoidable circumstance (i.e., the vessel was lost, damaged, or otherwise unable to participate in the license limitation groundfish or crab fisheries) may receive a license if the qualified person is able to demonstrate that: (A) The owner of the vessel at the time of the unavoidable circumstance held a specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel during a specific time period in a specific area. (B) The specific intent to conduct directed fishing for license limitation groundfish or crab species with that vessel was thwarted by a circumstance that was: (1) Unavoidable. (2) Unique to the owner of that vessel, or unique to that vessel. (3) Unforeseen and reasonably unforeseeable to the owner of the vessel. (C) The circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species actually occurred. (D) Under the circumstances, the owner of the vessel took all reasonable steps to overcome the circumstance that prevented the owner from conducting directed fishing for license limitation groundfish or crab species. (E) Any amount of license limitation groundfish or appropriate crab species was harvested on the vessel in the specific area that corresponds to the area endorsement or area/species endorsement for which the qualified person who owned a vessel on June 17, 1995, is applying and that the license limitation groundfish or crab species was harvested after the vessel was prevented from participating by the unavoidable circumstance but before June 17, 1995. (v) A groundfish license or a crab species license may be used on a vessel that complies with the vessel designation on the license and that does not exceed the MLOA on the license. (9) Pacific cod endorsements--(i) General. In addition to other requirements of this part, and unless specifically exempted in paragraph (k)(9)(iv) of this section, a license holder must have a Pacific cod endorsement on his or her groundfish license to conduct directed fishing for Pacific cod with hook-and-line or pot gear in the BSAI. A license holder can only use the specific non-trawl gear(s) indicated on his or her license to conduct directed fishing for Pacific cod in the BSAI. (ii) Eligibility requirements for a Pacific cod endorsement. This table provides eligibility requirements for Pacific cod endorsements on an LLP groundfish license: [[Page 600]] ---------------------------------------------------------------------------------------------------------------- Then the license And the license holder must To receive a If a license holder's license holder harvested demonstrate that Pacific cod has a . . . Pacific cod in the he or she In . . . endorsement that BSAI with . . . harvested at least authorizes harvest . . . with . . . ---------------------------------------------------------------------------------------------------------------- (A) Catcher vessel designation. Hook-and-line gear 7.5 mt of Pacific In any one of the Hook-and-line gear. or jig gear. cod in the BSAI. years 1995, 1996, 1997, 1998, or 1999. (B) Catcher vessel designation. Pot gear or jig 100,000 lb of In each of any Pot gear. gear. Pacific cod in two of the years the BSAI. 1995, 1996, 1997, 1998, or 1999. (C) Catcher/processor vessel Hook-and-line gear 270 mt of Pacific In any one of the Hook-and-line gear. designation. cod in the BSAI. years 1996, 1997, 1998, or 1999. (D) Catcher/processor vessel Pot gear.......... 300,000 lb of In each of any Pot gear. designation. Pacific cod in two of the years the BSAI. 1995, 1996, 1997, or 1998. ---------------------------------------------------------------------------------------------------------------- (iii) Explanations for Pacific cod endorsements. (A) All eligibility amounts in the table at paragraph (k)(9)(ii) of this section will be determined based on round weight equivalents. (B) Discards will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (C) Pacific cod harvested for personal bait use will not count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (D) A legal landing of Pacific cod in the BSAI for commercial bait will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (E) Harvests within the BSAI will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section; however, a license holder will only be able to harvest Pacific cod in the specific areas in the BSAI for which he or she has an area endorsement. (F) Harvests within the BSAI will count toward eligibility amounts in the table at paragraph (k)(9)(ii) of this section only if those harvests were made from the vessel that was used as the basis of eligibility for the license holder's LLP groundfish license. (G) Except as provided in paragraph 679.4(k)(9)(iii)(D), only harvests of BSAI Pacific cod in the directed fishery will count toward eligibility amounts. (iv) Exemptions to Pacific cod endorsements. (A) Any vessel exempted from the License Limitation Program at paragraph (k)(2) of this section. (B) Any catcher vessel less than 60 ft (18.3 m) LOA. (C) Any catch of Pacific cod for personal use bait. (v) Combination of landings and hardship provision. Notwithstanding the eligibility requirements in paragraph (k)(9)(ii) of this section, a license holder may be eligible for a Pacific cod endorsement by meeting the following criteria. (A) Combination of landings. A license holder may combine the landings of a sunken vessel and the landings of a vessel obtained to replace a sunken vessel to satisfy the eligibility amounts in the table at paragraph (k)(9)(ii) of this section only if he or she meets the requirements in paragraphs (k)(9)(v)(A)(1)-(4) of this section. No other combination of landings will satisfy the eligibility amounts in the table at paragraph (k)(9)(ii) of this section. (1) The sunken vessel was used as the basis of eligibility for the license holder's groundfish license; (2) The sunken vessel sank after January 1, 1995; (3) The vessel obtained to replace the sunken vessel was obtained by December 31 of the year 2 years after the sunken vessel sank; and (4) The length of the vessel obtained to replace the sunken vessel does not exceed the MLOA specified on the license holder's groundfish license. (B) Hardship provision. A license holder may be eligible for a Pacific cod endorsement because of unavoidable circumstances if he or she meets the requirements in paragraphs (k)(9)(v)(B)(1)-(4) of this section. For purposes of this hardship provision, the term license holder includes the person [[Page 601]] whose landings were used to meet the eligibility requirements for the license holder's groundfish license, if not the same person. (1) The license holder at the time of the unavoidable circumstance held a specific intent to conduct directed fishing for BSAI Pacific cod in a manner sufficient to meet the landing requirements in the table at paragraph (k)(9)(ii) of this section but that this intent was thwarted by a circumstance that was: (i) Unavoidable; (ii) Unique to the license holder, or unique to the vessel that was used as the basis of eligibility for the license holder's groundfish license; and (iii) Unforeseen and reasonably unforeseeable to the license holder. (2) The circumstance that prevented the license holder from conducting directed fishing for BSAI Pacific cod in a manner sufficient to meet the landing requirements in paragraph (k)(9)(ii) actually occurred; (3) The license holder took all reasonable steps to overcome the circumstance that prevented the license holder from conducting directed fishing for BSAI Pacific cod in a manner sufficient to meet the landing requirements in paragraph (k)(9)(ii) of this section; and (4) Any amount of Pacific cod was harvested in the BSAI aboard the vessel that was used as the basis of eligibility for the license holder's groundfish license after the vessel was prevented from participating by the unavoidable circumstance but before April 16, 2000. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register citations affecting Sec. 679.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Effective Date Note: At 67 FR 18138, Apr. 15, 2002, Sec. 679.4, paragraph (k)(9) was added effective May 15, 2002, except for paragraph (k)(9)(i) which is effective Jan. 1, 2003.