[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR300.32]

[Page 724-725]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
        CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES
 
PART 300_INTERNATIONAL FISHERIES REGULATIONS--Table of Contents
 
                 Subpart D_South Pacific Tuna Fisheries
 
Sec. 300.32  Vessel licenses.

    (a) Each vessel fishing in the Licensing Area must have a license 
issued by the Administrator for the licensing period being fished, 
unless excepted by Sec. 300.39. Each licensing period begins on June 15 
and ends on June 14 of the following year.
    (b) Upon receipt, the license or a duly certified copy, facsimile or 
telex confirmation must be carried on board the vessel when in the 
Licensing Area or Closed Areas and must be produced at the request of 
authorized officers, authorized party officers, or authorized 
inspectors. Prior to receipt of the license, but after issuance, a 
vessel may be used to fish, provided the number of the issued license is 
available on board.
    (c) Application forms for licenses to use a vessel to fish in the 
Licensing Area may be requested from, and upon completion, must be 
returned to, the Regional Administrator. All of the information 
requested on the form and the following must be supplied before the 
application will be considered complete:
    (1) The licensing period for which the license is requested.
    (2) The name of an agent, located in Port Moresby, Papua New Guinea, 
who, on behalf of the license holder, will receive and respond to any 
legal process issued in accordance with the Treaty.
    (3) Documentation from an insurance company showing that the vessel 
will be fully insured for the licensing period against all risks and 
liabilities normally covered by maritime liability insurance.
    (4) If the owner or charterer is the subject of proceedings under 
the bankruptcy laws of the United States, reasonable assurances that the 
owner of charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines.
    (5) A copy of the vessel's USCG Certificate of Documentation.
    (d) The number of available licenses is 45, five of which shall only 
be available to fishing vessels of the United States engaged in joint 
venture arrangements, specifically: Vessels engaged in fishing activity 
designed to promote maximization of the benefits generated for the 
Pacific Island Parties from the operations of fishing vessels licensed 
pursuant to the Treaty, as determined by the Administrator. Such 
activity can include the use of canning, transshipment, vessel slipping 
and repair facilities located in the Pacific Island Parties; the 
purchase of equipment and supplies, including fuel supplies, from 
suppliers located in the Pacific Island Parties; and the employment of 
nationals of the Pacific Island Parties on board such vessels.
    (e) Applications for vessels may be submitted at any time; complete 
applications will be forwarded to the Secretary of State for transmittal 
to the Administrator.
    (f) The Secretary, in consultation with the Secretary of State, may 
determine that a license application for a vessel should not be 
forwarded to the Administrator if:
    (1) The application is not in accord with the Treaty, Act, or 
regulations;
    (2) The owner or charterer is the subject of proceedings under the 
bankruptcy laws of the United States, and reasonable financial 
assurances have not been provided to the Secretary that the owner or 
charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines;
    (3) The owner or charterer has not established to the satisfaction 
of the Secretary that the vessel will be fully insured for the licensing 
period against all risks and liabilities normally covered by maritime 
liability insurance; or
    (4) The owner or charterer has not paid any final penalty assessed 
by the Secretary in accordance with the Act.
    (g) An applicant will be promptly notified if that applicant's 
license application will not be forwarded to the Administrator, and of 
the reasons therefor. Within 15 days of notification by the Regional 
Administrator that the application will not be forwarded, an

[[Page 725]]

applicant may request reconsideration by providing a petition for 
reconsideration accompanied by new or additional information.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6151, Feb. 9, 2007]