[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40918-40922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19599]



[[Page 40918]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.; 010509116-1197-02; I.D. 042301B]
RIN 0648-AO87


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Restrictions on Frequency of Limited 
Entry Permit Transfers

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule that revises restrictions on the 
frequency and timing of limited entry permit transfers and clarifies 
NMFS regulatory requirements for transferring limited entry permits. 
This rule also updates and clarifies limited entry program regulations 
so that they are more readable for the public. This action is needed to 
and is intended to revise limited entry permit regulations to better 
address the needs of the small businesses participating in the Pacific 
Coast groundfish limited entry fishery.

DATES: Effective August 1, 2001.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review (EA/RIR) for this action are available from Donald McIsaac, 
Executive Director, Pacific Fishery Management Council (Council), 7700 
NE Ambassador Place, Portland, OR 97220-1384. Send comments regarding 
the reporting burden estimate or any other aspect of the collection-of-
information requirements in this final rule, including suggestions for 
reducing the burden, to the Office of Management and Budget (OMB), 
Washington, D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Kevin Ford 
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736 and; 
e-mail: [email protected], [email protected] or Svein Fougner 
(Southwest Region, NMFS) phone: 562-980-4000; fax: 562-980-4047 and; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: Electronic Access: This Federal Register 
document is also accessible via the internet at the website of the 
Office of the Federal Register: http://www.access.gpo.gov/sudocs/aces/aces140.html
    This final rule revises the Pacific Coast groundfish fishery 
limited entry program regulations at 50 CFR 660 to modify the 
restriction on frequency and timing of limited entry permit transfers 
and also updates and re-organizes the regulations in a manner that is 
consistent with current NMFS permitting activities and practices. Re-
organizing limited entry program regulations will not change the effect 
or intent of the regulations. This rule is based on recommendations of 
the Council, under the authority of the Pacific Coast Groundfish 
Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). The background 
and rationale for the Council's recommendations are summarized below. 
Further detail appears in the EA/RIR prepared by NMFS for this action.
    This final rule modifies the limited entry program regulations to 
remove outdated provisions, rearrange and clarify currently applicable 
regulations into a more readable and user-friendly format, and 
incorporate November 2000 Council recommendations on the frequency and 
timing of permit transfers. At that time, the Council recommended 
revising the restriction on the frequency of limited entry permit 
transfers from once every 12 months to once per calendar year. 
Clarifications of existing requirements include: revising the 
definition of ``lessee'' to specify that lessees do not have the right 
to transfer permits; revising the prohibition against operating a 
limited entry vessel without a limited entry permit so that the 
prohibition is clear without needing reference to other regulations; 
rearranging the limited entry program regulations into a more logical 
format; removing permit regulations that deal with permit applications 
that are no longer accepted; and clarifying documentation needs for the 
different permit action requests that permit owners make to the NMFS 
Fisheries Permits Office.
    The proposed rule to implement changes to the allowed frequency of 
limited entry permit transfers and to update the limited entry program 
regulations was published on May 30, 2001 (66 FR 29276). NMFS requested 
comments on the proposed rule through June 19, 2001. During the comment 
period on the proposed rule, NMFS received one letter of comment. The 
commenter expressed concern about the Federal fisheries management 
process and the involvement of fishers in decisions made about 
regulations affecting their fisheries, citing a wish that fish remain 
available for future generations. This rule does not address the 
Federal fisheries management process, which is governed by the 
Magnuson-Stevens Act. Overall, this final rule is a minor action that 
clarifies regulations and increases business flexibility for limited 
entry permit holders. This final rule will not provide new or increased 
fishing opportunities and thus is not expected to have any effect on 
the environment.

Changes from the Proposed Rule

    In the proposed rule for this action (May 30, 2001, 66 FR 29276), 
50 CFR 660.335 (d)(3), ``Effective date,'' ended with the sentence: 
``No transfer is effective until the limited entry permit has been 
reissued as registered with the new vessel and the permit is in 
possession of the new permit holder.'' The phrase ``and the permit is 
in possession of the new permit holder'' was removed in this final 
rule, as it is redundant with 50 CFR 660.306, ``Prohibitions,'' 
paragraph (n), which states that it is unlawful for any person to 
``fail to carry on board a vessel that vessel's limited entry permit if 
required.''

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when this rule was proposed, that this rule, if adopted 
as proposed, would not have a significant economic impact on a 
substantial number of small entities. No comments were received on the 
economic impacts of this final rule on small entities and the basis for 
this certification has not changed. Accordingly, a regulatory 
flexibility analysis was not prepared.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause, namely that it would be contrary to the public interest, to 
waive the 30-day delay in effectiveness for this rule pursuant to 5 
U.S.C. 553 (d)(3). This final rule concerns transfers of limited entry 
permits and affects permitting activities in the limited entry fleet. 
It is linked to another more complex regulation under consideration by 
NMFS. This is a proposed rule that was published on June 8, 2001 (66 FR 
30869), that would implement Amendment 14 to the FMP by allowing permit 
stacking in the limited entry fixed gear sablefish fishery.
    NMFS anticipates that the limited entry, fixed gear sablefish 
fishery will

[[Page 40919]]

begin on August 15, 2001. The start date and mode of management for 
this fishery depend upon whether NOAA approves Amendment 14 to the FMP 
and implements it by a final rule. If Amendment 14 is not approved, 
this fishery will be a brief derby-style fishery with a single 
sablefish cumulative limit per vessel. If Amendment 14 is approved, the 
fishery will be 2-3 months in duration, and each vessel will be allowed 
to carry up to three permits and harvest the sablefish limits 
associated with those permits. Limited entry permit holders with 
sablefish-endorsed permits are waiting for the NOAA approval decision, 
which is scheduled to be made by August 8, 2001, to decide whether to 
transfer their permits for this season.
    A 30-day delay in effectiveness of this final rule could 
unnecessarily restrict permit transfer activities and cause financial 
harm to sablefish fishery participants. In some parts of the West 
Coast, difficult autumn ocean conditions arise in September. Thus, a 
delay in effectiveness of this final rule could also prevent permit 
holders from participating in the sablefish season during the more 
favorable August weather. Accordingly, the AA finds good cause, to 
waive the 30-day delay in effectiveness for this rule pursuant to 5 
U.S.C. 553 (d)(3).
    Since this final rule will give limited entry permit holders the 
flexibility to use their permits to their best advantage for 
participation in an August fishery, regardless of the NOAA decision on 
Amendment 14, it relieves a restriction under 5 U.S.C. 553 (d)(1), and 
it is not subject to a delay in the effective date.
    This final rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). The requirements for limited entry permit applications, permit 
transfer applications, and appeals have been approved under OMB control 
number 0648-0203. Public reporting burden for each of these collections 
of information is estimated to average 20 minutes per individual 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of these data 
collections, including suggestions for reducing the burden to NMFS at 
the ADDRESSES above, and to OMB at the Office of Information and 
Regulatory Affairs, OMB, Washington, DC. 20503 (Attention: NOAA Desk 
Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: August 1, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 660.302, the definition for ``Permit lessee'' is revised 
to read as follows:


Sec. 660.302  Definitions.

* * * * *
    Permit lessee means a person who has the right to possess and use a 
limited entry permit for a designated period of time, with reversion of 
those rights to the permit owner. A permit lessee does not have the 
right to transfer a permit or change the ownership of the permit.
* * * * *

    3. In Sec. 660.306, paragraph (n) is revised to read as follows:


Sec. 660.306  Prohibitions.

* * * * *
    (n) Fail to carry on board a vessel the limited entry permit 
registered for use with that vessel, if a limited entry permit is 
registered for use with that vessel.
* * * * *

    4. Sections 660.333 through 660.334 are revised and a new 
Sec. 660.335 is added to read as follows:


Sec. 660.333  Limited entry fishery-eligibility and registration.

    (a) General. In order for a vessel to participate in the limited 
entry fishery, the vessel owner must hold (by ownership or lease) a 
limited entry permit and, through SFD, must register that permit for 
use with his/her vessel. When participating in the limited entry 
fishery, a vessel is authorized to fish with the gear type endorsed on 
the limited entry permit registered for use with that vessel. There are 
three types of gear endorsements: trawl, longline, and pot (or trap). A 
sablefish endorsement is also required for a vessel to participate in 
the regular and/or mop-up seasons for the nontrawl, limited entry 
sablefish fishery, north of 36 deg. N. lat. A limited entry permit 
confers a privilege of participating in the Pacific Coast limited entry 
groundfish fishery in accordance with Federal regulations in 50 CFR 
part 660.
    (b) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12102 (a) may be issued or may hold a 
limited entry permit.
    (c) Registration. Limited entry permits will normally be registered 
for use with a particular vessel at the time the permit is issued, 
renewed, transferred, or replaced. If the permit will be used with a 
vessel other than the one registered on the permit, the permit owner 
must register that permit for use with the new vessel through the SFD. 
The reissued permit must be placed on board the new vessel in order for 
the vessel to participate in the limited entry fishery.
    (1) Registration of a permit to be used with a new vessel will take 
effect no earlier than the first day of the next major limited entry 
cumulative limit period following the date SFD receives the transfer 
form and the original permit.
    (2) The major limited entry cumulative limit periods will be 
announced in the Federal Register each year with the annual 
specifications and management measures, and with routine management 
measures when the cumulative limit periods are changed.
    (d) Limited entry permits indivisible. Limited entry permits may 
not be divided for use by more than one vessel.
    (e) Initial decisions. SFD will make initial decisions regarding 
permit endorsements, renewal, replacement, and change in vessel 
registration. SFD will notify the permit holder in writing with an 
explanation of any decision to deny a permit endorsement, renewal, 
replacement, or change in vessel registration. The SFD will decline to 
act on an application for permit endorsement, renewal, transfer, 
replacement, or registration of a limited entry permit if the permit is 
subject to sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 
1858 (a) and implementing regulations at 15 CFR part 904, subpart D, 
apply.

[[Page 40920]]

Sec. 660.334  Limited entry permits-endorsements.

    (a) ``A'' endorsement. A limited entry permit with an ``A'' 
endorsement entitles the holder to participate in the limited entry 
fishery for all groundfish species with the type(s) of limited entry 
gear specified in the endorsement, except for sablefish harvested north 
of 36 deg. N. lat. during times and with gears for which a sablefish 
endorsement is required. See Sec. 660.334 (d) for provisions on 
sablefish endorsement requirements. An ``A'' endorsement is 
transferable with the limited entry permit to another person, or to a 
different vessel under the same ownership under Sec. 660.335. An ``A'' 
endorsement expires on failure to renew the limited entry permit to 
which it is affixed.
    (b) Gear Endorsements. There are three types gear endorsements: 
trawl, longline and pot (trap). When limited entry permits were first 
issued, some vessel owners qualified for more than one type of gear 
endorsement based on the landings history of their vessels. Each 
limited entry permit has one or more gear endorsements. Gear 
endorsement(s) assigned to the permit at the time of issuance will be 
permanent and shall not be modified. While participating in the limited 
entry fishery, the vessel registered to the limited entry permit is 
authorized to fish with the gear(s) endorsed on the permit. During the 
limited entry fishery, permit holders may also fish with open access 
gear; except that during a period when the limited entry fixed gear 
sablefish fishery is restricted to those vessels with sablefish 
endorsements, permit holders may not fish for sablefish with open 
access gear.
    (c) Vessel size endorsements--(1) General. Each limited entry 
permit will be endorsed with the LOA for the size of the vessel that 
initially qualified for the permit, except:
    (i) If the permit is registered for use with a trawl vessel that is 
more than 5 ft (1.52 m) shorter than the size for which the permit is 
endorsed, it will be endorsed for the size of the smaller vessel.
    (ii) When permits are combined into one permit to be registered for 
use with a vessel requiring a larger size endorsement, the new permit 
will be endorsed for the size that results from the combination of the 
permits as described in paragraph (c)(2)(iii) of this section.
    (2) Limitations of size endorsements--(i) A limited entry permit 
endorsed only for gear other than trawl gear may be registered for use 
with a vessel up to 5 ft (1.52 m) longer than, the same length as, or 
any length shorter than, the size endorsed on the existing permit 
without requiring a combination of permits under Sec. 660.335 (b) or a 
change in the size endorsement.
    (ii) A limited entry permit endorsed for trawl gear may be 
registered for use with a vessel between 5 ft (1.52 m) shorter and 5 ft 
(1.52 m) longer than the size endorsed on the existing permit without 
requiring a combination of permits under Sec. 660.335 (b) or a change 
in the size endorsement under paragraph (c)(1)(i) of this section.
    (iii) The vessel harvest capacity rating for each of the permits 
being combined is that indicated in Table 2 of this part for the LOA 
(in feet) endorsed on the respective limited entry permit. Harvest 
capacity ratings for fractions of a foot in vessel length will be 
determined by multiplying the fraction of a foot in vessel length by 
the difference in the two ratings assigned to the nearest integers of 
vessel length. The length rating for the combined permit is that 
indicated for the sum of the vessel harvest capacity ratings for each 
permit being combined. If that sum falls between the sums for two 
adjacent lengths on Table 2 of this part, the length rating shall be 
the higher length.
    (d) Sablefish endorsement and tier assignment--(1) General. 
Participation in the limited entry fixed gear sablefish fishery during 
the ``regular'' or ``mop-up'' season described in Sec. 660.323 
(a)(2)(iii) and (v) north of 36 deg. N. lat., requires that an owner of 
a vessel hold a limited entry permit, registered for use with that 
vessel, with a longline or trap (or pot) endorsement and a sablefish 
endorsement. During a period when the limited entry sablefish fishery 
is restricted to those limited entry vessels with sablefish 
endorsements, a vessel with a longline or pot limited entry permit, but 
without a sablefish endorsement, cannot be used to harvest sablefish in 
the open access fishery, even with open access gear. Limited entry 
permits with sablefish endorsements are assigned to one of three 
different cumulative trip limit tiers, based on the qualifying catch 
history of the permit.
    (i) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (ii) A sablefish endorsement and its associated tier assignment are 
not separable from the limited entry permit, and therefore may not be 
transferred separately from the limited entry permit.
    (2) Issuance process for sablefish endorsements and tier 
assignments.
    (i) No new applications for sablefish endorsements will be accepted 
after November 30, 1998.
    (ii) The SFD will notify each owner of a limited entry permit with 
a sablefish endorsement, by letter of qualification status, of the tier 
assignment for which his or her permit qualifies, as indicated by 
PacFIN records. The SFD will also send to the permit owner a tier 
assignment certificate.
    (iii) If a permit owner believes there is sufficient evidence to 
show that his or her permit qualifies for a different tier than that 
listed in the letter of qualification status, that permit owner must, 
within 30 days of the issuance of the SFD's letter of qualification 
status, submit information to the SFD to demonstrate that the permit 
qualifies for a different tier. Section 660.333 (d) sets out the 
relevant evidentiary standards and burden of proof.
    (iv) After review of the evidence submitted under paragraph (d)(2) 
of this section, and any additional information the SFD finds to be 
relevant, the SFD will issue a letter of determination notifying a 
permit owner of whether the evidence submitted is sufficient to alter 
the initial tier assignment. If the SFD determines the permit qualifies 
for a different tier, the permit owner will be issued a revised tier 
assignment certificate once the initial certificate is returned to the 
SFD for processing.
    (v) If a permit owner chooses to file an appeal of the 
determination under paragraph (d)(3) of this section, the appeal must 
be filed with the Regional Administrator within 30 days of the issuance 
of the letter of determination (at paragraph (d)(3) of this section). 
The appeal must be in writing and must allege facts or circumstances, 
and include credible evidence demonstrating why the permit qualifies 
for a different tier assignment. The appeal of a denial of an 
application for a different tier assignment will not be referred to the 
Council for a recommendation under Sec. 660.340 (e).
    (vi) Absent good cause for further delay, the Regional 
Administrator will issue a written decision on the appeal within 30 
days of receipt of the appeal. The Regional Administrator's decision is 
the final administrative decision of the Department of Commerce as of 
the date of the decision.
    (e) Endorsement restrictions. ``A'' endorsements, gear 
endorsements, sablefish endorsements, and sablefish tier assignments 
may not be transferred separately from the limited entry permit.

[[Page 40921]]

Sec. 660.335  Limited Entry Permits-renewal, combination, change of 
permit ownership or permit holdership, and transfer.

    (a) Renewal of limited entry permits and gear endorsements--(1) 
Limited entry permits expire at the end of each calendar year, and must 
be renewed between October 1 and November 30 of each year in order to 
remain in force the following year.
    (2) Notification to renew limited entry permits will be issued by 
SFD prior to September 1 each year to the most recent address of the 
permit owner. The permit owner shall provide SFD with notice of any 
address change within 15 days of the change.
    (3) Limited entry permit renewal requests received in SFD between 
November 30 and December 31 will be effective on the date that the 
renewal is approved. A limited entry permit that is allowed to expire 
will not be renewed unless the permit owner requests reissuance by 
March 31 of the following year and the SFD determines that failure to 
renew was proximately caused by illness, injury, or death of the permit 
owner.
    (b) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement as described in paragraph Sec. 660.334 (c)(2)(iii). With 
respect to permits endorsed for nontrawl limited entry gear, a 
sablefish endorsement will be issued for the new permit only if all of 
the permits being combined have sablefish endorsements. If two or more 
permits with sablefish endorsements are combined, the new permit will 
receive the same tier assignment as the tier with the largest 
cumulative landings limit of the permits being combined.
    (c) Changes in permit ownership and permit holder--(1) General. The 
permit owner may convey the limited entry permit to a different person. 
The new permit owner will not be authorized to use the permit until the 
change in permit ownership has been registered with and approved by the 
SFD. If the listing of the permit holder changes from one person to a 
different person, but the vessel registration remains the same on a 
permit, the permit owner shall submit to SFD an application requesting 
a change in a permit holder. Such applications shall be made to SFD in 
advance of the date the permit holder wishes to participate in the 
limited entry fishery. Permit holders cannot expect to have their 
applications approved immediately upon submission.
    (2) Effective date. The change in ownership of the permit or change 
in the permit holder will be effective on the day the change is 
approved by SFD, unless the there is a concurrent change in the vessel 
registered to the permit. Requirements for changing the vessel 
registered to the permit are at Sec. 660.335 (d).
    (d) Changes in vessel registration-transfer of limited entry 
permits and gear endorsements--(1) General. A permit may not be used 
with any vessel other than the vessel registered to that permit. For 
purposes of this section, a permit transfer occurs when, through SFD, a 
permit owner registers a limited entry permit for use with a new 
vessel. Permit transfer applications must be submitted to SFD with the 
appropriate documentation described at Sec. 660.335 (e). Upon receipt 
of a complete application, and following review and approval of the 
application, the SFD will reissue the permit registered to the new 
vessel.
    (2) Application. A complete application must be submitted to SFD in 
order for SFD to review and approve a change in vessel registration. At 
a minimum, a permit owner seeking to transfer a limited entry permit 
shall submit to SFD a signed application form and his/her current 
limited entry permit before the first day of the cumulative limit 
period in which they wish to participate. If a permit owner provides a 
signed application and current limited entry permit after the first day 
of a cumulative limit period, the permit will not be effective until 
the succeeding cumulative limit period. SFD will not approve a change 
in vessel registration (transfer) until it receives a complete 
application, the existing permit, a current copy of the USCG 1270, and 
other required documentation.
    (3) Effective date. Changes in vessel registration on permits will 
take effect no sooner than the first day of the next major limited 
entry cumulative limit period following the date that SFD receives the 
signed permit transfer form and the original limited entry permit. 
Transfers of permits designated as participating in the ``B'' platoon 
will become effective no sooner than the first day of the next ``B'' 
platoon major limited entry cumulative limit period following the date 
that SFD receives the signed permit transfer form and the original 
limited entry permit. No transfer is effective until the limited entry 
permit has been reissued as registered with the new vessel.
    (e) Restriction on frequency of transfers. Limited entry permits 
may not be registered for use with a different vessel (transfer) more 
than once per calendar year, except in cases of death of a permit 
holder or if the permitted vessel is totally lost as defined in 
660.302. The exception for death of a permit holder applies for a 
permit held by a partnership or a corporation if the person or persons 
holding at least 50 percent of the ownership interest in the entity 
dies.
    (1) A permit owner may designate the vessel registration for a 
permit as ``unidentified'', meaning that no vessel has been identified 
as registered for use with that permit. No vessel is authorized to use 
a permit with the vessel registration designated as ``unidentified.''
    (2) When a permit owner requests that the permit's vessel 
registration be designated as ``unidentified,'' the transaction is not 
considered a ``transfer'' for purposes of this section. Any subsequent 
request by a permit owner to change from the ``unidentified'' status of 
the permit in order to register the permit with a specific vessel will 
be considered a change in vessel registration (transfer) and subject to 
the restriction on frequency and timing of changes in vessel 
registration (transfer).
    (f) Application and supplemental documentation. Permit holders may 
request a transfer (change in vessel registration) and/or change in 
permit ownership or permit holder by submitting a complete application 
form. In addition, a permit owner applying for renewal, replacement, 
transfer, or change of ownership or change of permit holder of a 
limited entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The owner of a permit endorsed for 
longline or trap (or pot) gear applying for a tier assignment under 
Sec. 660.334 (d) has the burden to submit evidence to prove that 
certain qualification requirements are met. The following evidentiary 
standards apply:
    (1) For a request to change a vessel registration and/or change in 
permit ownership or permit holder, the permit owner must provide SFD 
with a current copy of the USCG Form 1270 for vessels of 5 net tons or 
greater, or a current copy of a state registration form for vessels 
under 5 net tons.
    (2) For a request to change the vessel registration to a permit, 
the permit holder must submit to SFD a current marine survey conducted 
by a certified marine surveyor in accordance with USCG regulations to 
authenticate the length overall of the vessel being newly registered 
with the permit. Marine surveys older than 3 years at the time of the 
request for change in vessel registration will not be considered

[[Page 40922]]

``current'' marine surveys for purposes of this requirement.
    (3) For a request to change a permit's ownership where the current 
permit owner is a corporation, partnership or other business entity, 
the applicant must provide to SFD a corporate resolution that 
authorizes the conveyance of the permit to a new owner and which 
authorizes the individual applicant to request the conveyance on behalf 
of the corporation, partnership, other business entity.
    (4) For a request to change a permit's ownership that is 
necessitated by the death of the permit owner(s), the individual(s) 
requesting conveyance of the permit to a new owner must provide SFD 
with a death certificate of the permit owner(s) and appropriate legal 
documentation that either: specifically transfers the permit to a 
designated individual(s); or, provides legal authority to the 
transferor to convey the permit ownership.
    (5) For a request to change a permit's ownership that is 
necessitated by divorce, the individual requesting the change in permit 
ownership must submit an executed divorce decree that awards the permit 
to a designated individual(s).
    (6) Such other relevant, credible documentation as the applicant 
may submit, or the SFD or Regional Administrator may request or 
acquire, may also be considered.
    (g) Application forms available. Application forms for the change 
in vessel registration (transfer) and change of permit ownership or 
permit holder of limited entry permits are available from the SFD (see 
part 600 for address of the Regional Administrator). Contents of the 
application, and required supporting documentation, are specified in 
the application form.
    (h) Records maintenance. The SFD will maintain records of all 
limited entry permits that have been issued, renewed, transferred, 
registered, or replaced.


Sec. 660.336  [Removed and reserved]

    5. Section 660.336 is removed and reserved.
* * * * *

    6. Section 660.338 is revised to read as follows:


Sec. 660.338  Limited entry permits-small fleet.

    (a) Small limited entry fisheries fleets that are controlled by a 
local government, are in existence as of July 11, 1991, and have 
negligible impacts on the groundfish resource, may be certified as 
consistent with the goals and objectives of the limited entry program 
and incorporated into the limited entry fishery. Permits issued under 
this subsection will be issued in accordance with the standards and 
procedures set out in the PCGFMP and will carry the rights explained 
therein.
    (b) A permit issued under this section may be registered only to 
another vessel that will continue to operate in the same certified 
small fleet, provided that the total number of vessels in the fleet 
does not increase. A vessel may not use a small fleet limited entry 
permit for participation in the limited entry fishery outside of 
authorized activities of the small fleet for which that permit and 
vessel have been designated.
* * * * *

    7. Section 660.340 is revised to read as follows:


Sec. 660.340  Limited entry permit appeals.

    (a) Decisions on appeals of initial decisions regarding issuance, 
renewal, change in vessel registration, change in permit owner or 
permit holder, and endorsement upgrade, will be made by the Regional 
Administrator.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the SFD denying 
issuance, renewal, change in vessel registration, change in permit 
owner or permit holder, or endorsement upgrade, on the terms requested 
by the applicant, an appeal may be filed with the Regional 
Administrator.
    (d) The appeal must be in writing, and must allege facts or 
circumstances to show why the criteria in this subpart have been met, 
or why an exception should be granted.
    (e) At the appellant's discretion, the appeal may be accompanied by 
a request that the Regional Administrator seek a recommendation from 
the Council as to whether the appeal should be granted. Such a request 
must contain the appellant's acknowledgment that the confidentiality 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1853 (d) and part 
600 of this chapter are waived with respect to any information supplied 
by Regional Administrator to the Council and its advisory bodies for 
purposes of receiving the Council's recommendation on the appeal. In 
responding to a request for a recommendation on appeal, the Council 
will apply the provisions of the PCGFMP in making its recommendation as 
to whether the appeal should be granted.
    (f) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 45 days of receipt 
of the appeal, or, if a recommendation from the Council is requested, 
within 45 days of receiving the Council's recommendation. The Regional 
Administrator's decision is the final administrative decision of the 
Department as of the date of the decision.
[FR Doc. 01-19599 Filed 8-1-01; 3:06 pm]
BILLING CODE 3510-22-S