[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Proposed Rules]
[Pages 43789-43799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16587]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040628196-4196-01; I.D. 061704A]
RIN 0648-AQ92


Fisheries Off the West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; American Samoa Longline Limited 
Entry Program

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would limit entry into the 
American Samoa-based pelagic longline fishery. This proposed rule, 
which would implement Amendment 11 to the Fishery Management Plan for 
the Pelagic Fisheries of the Western Pacific Region (Pelagics FMP), is 
intended to: avoid a possible ``boom and bust'' cycle of development 
that could disrupt community participation in the small-scale pelagic 
fishery; establish an accepted regulatory framework for the American 
Samoa-based longline fishery; reduce the potential for the EEZ around 
American Samoa; maintain local catch rates of albacore tuna at 
economically viable levels; and provide opportunity for substantial 
participation in the large vessel (greater than 50 ft or 15.1 m in 
length) sector of the fishery by indigenous people of American Samoa. 
This proposed rule would apply to the owners and operators of vessels 
that fish for pelagic management species under Hawaii limited access 
longline permits or western Pacific general longline permits within the 
EEZ and high seas around the Western Pacific Region (American Samoa, 
the Commonwealth of the Northern Mariana Islands, Guam, Hawaii, Midway, 
Johnston, and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, 
and Howland Islands).

DATES: Comments on this proposed rule must be received by September 7, 
2004.

ADDRESSES: Written comments on this proposed rule or its Initial 
Regulatory Flexibility Analysis (IRFA) should be mailed to William 
Robinson, Regional Administrator, NMFS, Pacific Islands Regional Office 
(PIRO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700; or 
faxed to 808-973-2941. Comments will also be accepted via e-mail and 
should be sent to [email protected]. Comments may also be submitted 
electronically through the Federal e-Rulemaking portal: http//
www.regulations.gov. Written comments regarding the burden-hour 
estimates or other aspects of the collection of information 
requirements contained in this proposed rule may be submitted to 
William Robinson (see ADDRESSES) and to David Rostker, Office of 
Management and Budget (OMB), by email at [email protected] or 
by facsimile (Fax) to 202-395-7285. Copies of Amendment 11, which 
includes an Environmental Assessment (EA) and an IRFA, may be obtained 
from Kitty M. Simonds, Executive Director, Western Pacific Fishery 
Management Council (Council), 1164 Bishop St. Suite 1400, Honolulu, HI 
96813 or on the internet at http://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Eric Kingma, Council, at 808-522-8220 
or Alvin Katekaru, PIRO, at 808-973-2937.

SUPPLEMENTARY INFORMATION: The pelagic longline fishery within the EEZ 
around American Samoa was established in 1995 by fishermen operating 
small ``alias'' twin-hulled vessels less than 40 ft (12.2 m) in length. 
The American Samoa-based longline fishery, which primarily targets 
albacore tuna for domestic canning, has undergone rapid expansion since 
1995. Between 1997 and 2002 the longline fleet increased from 
approximately 21 mostly small vessels to 75 vessels of various sizes 
and capabilities. Of the 75 active longline vessels, 40 were alias 40 
ft (12.2 m) or less in length, 5 vessels were greater than 40 ft (12.2 
m) and ranged up to 50 ft (15.2 m) in length, 15 vessels were greater 
than 50 ft (15.2 m) ranged up to 70 ft (21.3 m) in length, and 15 
vessels are greater than 70 ft (21.3 m) in length. Generally, vessels 
over 50 ft (15.2 m) set five to six times more hooks than the smaller 
vessels.
    Due to regional geography, operators of longline vessels based in 
American Samoa have access to limited fishing grounds because the EEZ 
around American Samoa is bounded on all sides by the EEZ's of 
neighboring countries. These shared boundaries are generally less than 
200 miles from American Samoa's shores, and therefore the U.S. has only 
113,560 nm2 (389,997 km2) of EEZ around American Samoa.
    To avoid gear conflicts between small and large vessels, NMFS 
issued a final rule on January 30, 2002, (67 FR 4369), prohibiting 
large vessels >50 ft (15.2 m) from fishing for pelagic species within 
50 nm around American Samoa (a few large-scale boats received 
exemptions to the large vessel closed area). As a result, most of the 
large-scale longline fishing effort became concentrated in the 
remaining 260,000 km\2\ (75,700 nm\2\) of the EEZ (outside of 50 nm) 
around American Samoa. It was determined that an unrestrained longline 
fishery has the potential of reaching a hook density level of 70 hooks 
per km\2\ per year (20 hooks per nm\2\ per year). And it was also known 
that a hook density of 55 hooks per km\2\ per year (16 hooks per nm\2\ 
per year) is likely to result in gear conflict in the fishery. 
Therefore, concern was raised that the large vessel closed area alone 
will not prevent gear conflicts. It became readily apparent that 
preventing gear conflicts among the longliners in the EEZ around 
American Samoa might require a limited entry program.
    In addition to gear conflicts, over-capitalization in the American 
Samoa-based longline fishery may produce conditions not consistent with 
the objectives of the Pelagics FMP. Such conditions may include, among 
other things, a reduction in local catch rates of albacore tuna below 
economically viable levels, and a possible ``boom and bust'' cycle of 
development that could disrupt current community participation and 
future participation by indigenous American Samoans within the fishery.
    To avoid the previously mentioned conditions listed above, the 
Council convened several public workshops in 2001 regarding the 
management of the expanding American Samoa longline fishery. The 
workshops focused on various management options such as catch quotas, 
effort restrictions (e.g. hook limits), and landing restrictions. 
Overall, the general consensus among workshop participants, which 
included longline fishermen and community members, was that a limited 
entry program was needed for the American Samoa-based longline fishery.
    In 2002, the Council prepared an amendment to the Pelagics FMP

[[Page 43790]]

(Amendment 11). At its 113th meeting in June 2002 (67 FR 39330), the 
Council took final action approving Amendment 11 that would establish a 
Federal limited entry program for the American Samoa-based longline 
fishery. It is estimated that the number of vessels authorized for use 
under an American Samoa limited access longline permits will not exceed 
138.
    This proposed rule would require that American Samoa longline 
limited access permits only be issued to individuals who owned vessels 
that were used to legally harvest Pacific pelagic management unit 
species with longline gear in the EEZ around American Samoa (with those 
fish landed in American Samoa) at some time prior to March 22, 2002. To 
solicit participation in the proposed limited entry program, NMFS would 
publish a notice in the Federal Register and the Regional Administrator 
would send notices to persons on the American Samoa pelagics mailing 
list, in addition to other means to notify prospective applicants of 
the availability of permits.
    Under this proposed rule, permits would be established for four 
categories based on vessel length: (a)less than or equal to 40 ft (12.2 
m); (b)over 40 ft (12.2 m) to 50 ft (15.2 m) inclusive; (c) over 50 ft 
(15.2 m) to 70 ft (21.3 m) inclusive; and (d) over 70 ft (21.3 m). The 
proposed rule would also set a schedule of 120 days from the effective 
date of the final rule for individuals to apply for an initial permit, 
and if found to qualify for an initial permit, would provide another 
120 days to register a vessel to that permit. The proposed rule would 
also allow for 26 ``upgrade permits'' to be made available, following 
the issuance of initial limited access permits, for the exclusive use 
of permit holders in the smallest vessel size class (less than or equal 
to 40 ft (12.2 m)), with priority based on documented historical 
participation in the fishery. Those receiving an ``upgrade permit'' 
would not be allowed to transfer their new permit for 3 years. All 
other permits would be transferable to any individual who could 
document (regardless of date) that they worked on a vessel that caught 
Pacific pelagic management species on longline gear in the EEZ around 
American Samoa, with those fish landed in American Samoa. This proposed 
rule would also: prohibit any individual from owning more than 10 
percent of the maximum permits allowed (in all vessel size classes 
combined), with any fractional interest in a permit counted as a whole 
permit; establish an administrative fee for the issuance, renewal, or 
transfer of any permit; require documented landings of at least 1,000 
lb (455 kg) every 3 consecutive calendar years for vessels in the 
smaller vessel size classes, and at least 5,000 lb (2,273 kg) every 3 
consecutive calendar years for vessels in the two larger vessel size 
classes in order to renew permits; require all vessels permitted under 
the limited access system that are 50 ft (15.2 m) in length or greater 
carry active vessel monitoring systems (VMS) if requested by NMFS; 
require vessels greater than 40 ft (12.2 m) in length to carry 
observers if requested by NMFS; and require operators of permitted 
vessels greater than 40 ft (12.2 m) in length to notify NMFS no less 
than 72 hours before embarking on a longline fishing trip.

Classification

    At this time, NMFS has not determined that the amendment that this 
rule would implement is consistent with the national standards of the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws. NMFS, in making that determination, will take into 
account the data, views, and comments received during the comment 
period.
    The Council prepared an EA for this amendment that discusses the 
impact on the environment as a result of this rule. A copy of the EA is 
available from Kitty M. Simonds, Executive Director, WPFMC (See 
ADDRESSES).
    This proposed rule has been determined not to be significant for 
purposes of Executive Order 12866.
    An IRFA was prepared that describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, its objectives, and the 
legal basis for this action are contained at the beginning of this 
section in the preamble and in the SUMMARY section of the preamble. A 
summary of the analysis follows.
    Based on fishing information and vessel ownership records available 
from the Government of American Samoa's Department of Safety, NMFS 
anticipates that 138 entities that owned active longline vessels prior 
to the control date of March 21, 2002, will be eligible for limited 
access permits. Of these, it is believed that 93 vessels were less than 
or equal to 40 ft (12.2 m) in length, 9 were greater than 40 ft (12.2 
m) ranging up to 50 ft (15.2 m) in length inclusive, 15 were greater 
than 50 ft (15.2 m) ranging up to 70 ft (21.3 m) in length inclusive, 
and 21 were greater than 70 ft (21.3 m) in length. The average capital 
investment in vessels less than 40 ft (12.2 m) is estimated to be 
between $25,000 and $125,000, with annual landings of approximately 
50,000 lbs (22,680 kg) and annual ex-vessel revenues estimated to 
average $65,000. These are typically catamaran style vessels which 
average 50-100 one to two day fishing trips annually. These vessels are 
permanently based in American Samoa and may have been used to pelagic 
handline or troll in the past. Longline vessels greater than 40 ft 
(12.2 m) are typically monohull vessels with an average capital 
investment of up to $400,000. These vessels take 17 to 28 fishing trips 
annually, with trips extending from 4 to 25 days. Annual landings for 
these vessels range from 200,000 lb to 600,000 lb (90,909.1 kg - 
272,727.3 kg) per vessel, with an ex-vessel revenue of $220,000 to 
$660,000. These vessels are currently based in American Samoa, and have 
also been used in other Pacific pelagic longline or jig fisheries. 
Based on their ex-vessel revenues, all of these entities are considered 
to be small businesses with annual revenues of less than $3.5 million 
each.
    Under this action, these small entities or businesses would be 
required to submit applications for permits to participate in the 
American Samoa-based limited access longline fishery and provide 
information of their vessel ownership and participation in the fishery. 
As such this proposed rule contains collection-of-information 
requirements subject to review and approval by the OMB pursuant to the 
Paperwork Reduction Act (PRA). These requirements have been submitted 
to OMB for approval. The annual collection-of-information burden to 
fishermen is estimated at 181 hours: 112 hours for initial permits, 20 
hours for appeals, 49 hours for permit upgrades and transfers. It is 
estimated that the time required by a fisherman to compile, organize, 
and submit documentation for each permit application is 45 minutes and 
2 hours for each permit appeal case. Since the longline limited access 
permits are valid for a 3-year period (until 2007), clearance for 
collection-of-information concerning permit renewals will be addressed 
at a later date, prior to expiration of the current collection-of-
information (OMB No. 0648-0490) on December 31, 2006.
    Besides the collection-of-information requirement associated with 
the limited access permit program, this proposed rule would require 
operators of large (greater than 40 ft (12.2 m) in length) fishing 
vessels registered with American Samoa longline limited access permits 
to notify NMFS at least 72 hours prior to leaving port on a longline 
fishing trip targeting Pacific pelagic management

[[Page 43791]]

unit species in the EEZ around American Samoa. Notification is 
necessary for NMFS to determine whether or not observers should be 
placed on these large vessels. It is estimated that the time required 
by a vessel operator to notify NMFS prior to each trip is 3 minutes per 
telephone call. The collection-of-information burden to fishermen is 
estimated at 67 hours annually, an addition to the currently approved 
collection under OMB No. 0648-0214)
    This proposed rule also would require vessels greater than 50 ft 
(15.2 m) in length and registered with American Samoa longline limited 
access permits to carry vessel monitoring system (VMS) units, if 
directed to do so by NMFS. While the vessel is at sea, NMFS will 
receive from the VMS unit information on the position of the vessel. 
NMFS uses the reports to monitor vessel location and activities, while 
enforcing the established large-vessel pelagic fishing area closure 
around American Samoa. It is estimated that the annual burden of this 
new collection of information is 175 hours. This includes the time to 
install the VMS units, VMS maintenance, and transmission of automated 
vessel position reports. Since the VMS units automatically transmits 
reports automatically, there is no requirement for the fishermen 
themselves to report to NMFS on the location of their vessels while at 
sea.
    The proposed rule would require that vessels greater than 40 feet 
(12.2 m) in length carry a vessel observer if directed by NMFS. 
Potential costs of this requirement include the reduced accommodations 
available for crew and, depending on the size of the vessel, the cost 
of reduced fishing efficiency as a result of a reduction in crew size 
and crowding on board the vessel.
    Public comment is sought on the proposed rule, in addition to 
whether the collection of information requirement is appropriate for 
the proposed rule; if the information shall have practical utility; the 
accuracy of the burden estimate; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information, including through the use 
of automated collection techniques or other forms of information 
technology. Send comments on the proposed rule to William Robinson, 
Regional Administrator (see ADDRESSES) or any other aspects regarding 
the collection of information requirements to William Robinson or by 
email to [email protected] or fax to 202-395-283.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.
    Ten alternatives, including the preferred alternative, were 
considered. The alternatives included various combinations of measures 
that addressed: (1) how longline fishing effort in the EEZ around 
American Samoa would be limited (including no-action, establishing a 
limited access program, and establishing a per-trip landing limit of 
5,000 pounds); (2) whether operators of longline vessels in the EEZ 
around American Samoa would be required to land all captured pelagic 
management unit species (PMUS) in order to minimize bycatch; (3) 
whether longline vessels greater than 50 feet (15.2 m) in length would 
be required to carry and operate a transmitter as part of a vessel 
monitoring system (VMS); and (4) whether longline vessels greater than 
40 feet (12.2 m) in length would be required to carry a vessel observer 
if directed by NMFS.
    For those alternatives that would establish a limited access 
program, the combinations of measures further addressed: (a) what the 
limit on permits would be (ranging from 106 to 215 total permits, as 
well as one alternative in which the initial number of available 
permits would be equal to the number of individuals with historical 
experience in the fishery but after allowing the fleet size to decrease 
through attrition the number of available permits would ultimately be 
limited to the number of permits predicted to result in an annual 
fishing effort level of no more than 7.15 million hooks in the 
nearshore area (within 50 miles of shore) and 14.3 million hooks in the 
offshore area (beyond 50 miles from shore); (b) how the limited number 
of permits would be allocated among vessel size classes (with various 
allocations among four or five vessel size classes, with zero permits 
available for vessels greater than 100 feet (30.4 m) in length in all 
but two alternatives); (c) how the available permits would be initially 
allocated (including allowing initial entry only to individuals that 
held a longline permit and landed PMUS in American Samoa prior to March 
21, 2002, allowing initial entry only to individuals that owned a 
longline vessel on March 21, 2002 that was used to harvest PMUS from 
the EEZ around American Samoa and land them in American Samoa prior to 
March 21, 2002, and allowing entry only to individuals that owned a 
longline vessel on or before March 21, 2002 that was used to harvest 
PMUS from the EEZ around American Samoa and land them in American Samoa 
prior to March 21, 2002; (d) how many permits would be reserved for 
participants indigenous to American Samoa (ranging from zero to 100 
percent of the permits for certain vessel size classes); (e) how many 
permits would be reserved for participants initially using vessels in 
the smallest size class (ranging from zero to 26 ``upgrade'' permits 
that could be used by holders of permits for the smallest size class to 
upgrade to permits for larger size classes); (f) how available permits 
would be allocated in the future (including giving priority according 
to the date of application, giving priority according to the amount of 
historical pelagic fishing based out of American Samoa, giving first 
priority to permit holders wanting to upgrade to a larger vessel size 
class then according to the amount of historical pelagic fishing based 
out of American Samoa, giving priority first according to the vessel 
size class (with smaller classes given higher priority) than according 
to the earliest date of a longline landing in American Samoa); (g) 
whether permits could be re-registered to replacement vessels 
(including allowing re-registrations to vessels of any size class 
provided that a permit in that size class is available and allowing re-
registrations only to vessels in the same size class); (h) whether 
maintenance of a permit would be contingent on continued participation 
in the fishery that is, whether there would be a ``use-it-or-lose-it'' 
requirement (in all cases, yes, ranging from having to make a landing 
at least once every year to at least once every three years, with 
various minimum qualifying landing tonnages according to vessel size 
class); and (i) whether permits would be transferable among holders 
(including not allowing transfers, allowing transfers only by holders 
of permits for the smallest vessel size class and only to immediate 
family or community groups, allowing transfers only by indigenous 
holders of permits for smallest size class and only to immediate family 
or community groups, and in the case of ``upgrade'' permits, allowing 
transfers only after three years).
    The alternative with a per-trip landing limit of 5,000 pounds was 
rejected because it would likely result in poorer economic performance 
than a limited access program and it would encourage high-grading and 
bycatch. The alternatives that would require that all captured PMUS be 
landed were rejected

[[Page 43792]]

because they would be economically inefficient. The alternatives that 
would not have required that longline vessels greater than 50 feet 
(15.2 m) in length carry and operate VMS transmitters or not require 
that longline vessels greater than 40 feet (12.2 m) in length carry a 
vessel observer if directed by NMFS were rejected because they would 
not ensure an adequately high level of compliance with certain fishery 
regulations and not ensure that adequate information about fishing 
activities is gathered. The alternatives with larger permit limits than 
the preferred alternative (including the no-action alternative) were 
rejected because they would be unlikely to sufficiently reduce the 
potential for gear conflict and catch competition. The alternatives 
with smaller permit limits than the preferred alternative were rejected 
because they were determined to be unfair to some prospective 
participants and socially unacceptable. The alternatives with fewer 
permits allocated to the smallest vessel size class than the preferred 
alternative, as well as those without provisions for permit upgrades 
from the smallest to the larger vessel size classes, those with a one-
year rather than three-year use-it-or-lose-it requirement, and those 
that would not have allowed permit transfers, were rejected because 
they would be unlikely to maintain sufficiently high levels of 
participation by American Samoa residents and individuals who have 
traditionally operated smaller vessels.
    It has been determined that there are no Federal rules that 
duplicate, overlap, or conflict with this proposed rule.
    A copy of the IRFA is available from the Council (see ADDRESSES).
    In December 2003, a formal section 7 consultation under the 
Endangered Species Act was initiated for the new Pelagics FMP 
management measures to implement new technologies for western Pacific 
longline fisheries, in addition to proposed Amendment 11. In a 
biological opinion issued on February 23, 2004, NMFS determined that 
fishing activities conducted under Amendment 11 are not likely to 
jeopardize the continued existence of threatened or endangered species 
or result in the destruction or adverse modification of critical 
habitat.

List of Subjects in 50 CFR Part 660

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

    Dated: July 15, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF THE 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.  660.12, the definitions of ``Fisheries Management 
Division (FMD)'', ``Longline general permit'', and ``Pacific Islands 
Area Office'' are removed, the definition for ``Special Agent-In-Charge 
(SAC)'' is revised, and new definitions for ``American Samoa longline 
limited access permit'', ``American Samoa pelagics mailing list'', 
``Freeboard'', ``Hawaiian Archipelago'', ``Pacific Islands Regional 
Office (PIRO)'', ``Pacific Remote Island Areas (PRIA) pelagic troll and 
handline fishing permit'', ``Western Pacific Fishery Management Area'' 
and ``Western Pacific general longline permit'' are added in 
alphabetical order to read as follows:


Sec.  660.12  Definitions.

* * * * *
    American Samoa longline limited access permit means the permit 
required by Sec.  660.21 to use a vessel shoreward of the outer 
boundary of the EEZ around American Samoa to fish for Pacific pelagic 
management unit species using longline gear or to land or tranship 
Pacific pelagic management unit species that were caught in the EEZ 
around American Samoa using longline gear.
    American Samoa pelagics mailing list means the list maintained by 
the Pacific Islands Regional Office of names and mailing addresses of 
parties interested in receiving notices of availability for American 
Samoa longline limited access permits.
* * * * *
    Freeboard means the straight-line vertical distance between a 
vessel's working deck and the sea surface. If the vessel does not have 
gunwale door or stern door that exposes the working deck, freeboard 
means the straight-line vertical distance between the top of a vessel's 
railing and the sea surface.
* * * * *
    Hawaiian Archipelago means the Main and Northwestern Hawaiian 
Islands, including Midway Atoll.
* * * * *
    Pacific Islands Regional Office (PIRO) means the headquarters of 
the Pacific Islands Region, NMFS, located at 1601 Kapiolani Blvd., 
Suite 1110, Honolulu, Hawaii 96814; telephone number (808) 973-2937.
* * * * *
    Pacific Remote Island Areas (PRIA) pelagic troll and handline 
fishing permit means the permit required by Sec.  660.21 to use a 
vessel shoreward of the outer boundary of the EEZ around the PRIA to 
fish for Pacific pelagic management unit species using pelagic handline 
or troll fishing methods.
* * * * *
    Special Agent-In-Charge (SAC) means the Special-Agent-In-Charge, 
NMFS, Pacific Islands Enforcement Division, or a designee of the SAC, 
located at 300 Ala Moana Blvd., Suite 7-118, Honolulu, Hawaii, 96850; 
telephone number (808) 541-2727.
* * * * *
    Western Pacific Fishery Management Area means those waters 
shoreward of the outer boundary of the EEZ around American Samoa, Guam, 
Hawaii, the Northern Mariana Islands, Midway, Johnston and Palmyra 
Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands.
    Western Pacific general longline permit means the permit authorized 
under Sec.  660.21 to use a vessel shoreward of the outer boundary of 
the EEZ around the Guam, the Northern Mariana Islands, Johnston or 
Palmyra Atolls, Kingman Reef, or Wake, Jarvis, Baker or Howland Islands 
to fish for Pacific pelagic management unit species using longline gear 
or to land or to transship Pacific pelagic management unit species that 
were caught using longline gear.
    3. In Sec.  660.13, paragraphs (d) and (e), and the first and last 
sentences of paragraph (f)(2) are revised to read as follows:


Sec.  660.13  Permits and fees.

* * * * *
    (d) Change in application information. A minimum of 10 days should 
be given for PIRO to record any change in information from the permit 
application submitted under paragraph (c) of this section, except in 
the event of a complete change in the ownership of a vessel registered 
to an American Samoa longline limited access permit, in which case the 
permit holder must notify PIRO within 30 days of the change. Failure to 
report such changes may result in invalidation of the permit.
    (e) Issuance. After receiving a complete application, the Regional 
Administrator will issue a permit to an

[[Page 43793]]

applicant who is eligible under Sec. Sec.  660.21, 660.36, 660.41, 
660.61, 660.601, or 660.8, or 660.602 as appropriate.
    (f) Fees. * * *
    (2) PIRO will charge a fee for each application for a Hawaii 
longline limited access permit, Mau Zone limited access permit, coral 
reef ecosystem special permit, or a American Samoa longline limited 
access permit (including permit transfers and renewals). * * * Failure 
to pay the fee will preclude the issuance, transfer or renewal of a 
Hawaii longline limited access permit, Mau Zone limited access permit, 
coral reef ecosystem special permit, or an American Samoa longline 
limited access permit.
* * * * *
    4. Section 660.21 is revised to read as follows:


Sec.  660.21  Permits.

    (a) A vessel of the United States must be registered for use with a 
valid permit under the High Seas Fishing Compliance Act if that vessel 
is used to fish on the high seas, as required under Sec.  300.15 of 
this title.
    (b) A vessel of the United States must be registered for use under 
a valid Hawaii longline limited access permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around the Hawaiian Archipelago; or
    (2) To land or transship, shoreward of the outer boundary of the 
EEZ around the Hawaiian Archipelago, Pacific pelagic management unit 
species that were harvested using longline gear.
    (c) A vessel of the United States must be registered for use under 
a valid American Samoa longline limited access permit, in accordance 
with Sec.  660.36, if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around American Samoa; or
    (2) To land shoreward of the outer boundary of the EEZ around 
American Samoa Pacific pelagic management unit species that were 
harvested using longline gear in the EEZ around American Samoa; or
    (3) To tranship shoreward of the outer boundary of the EEZ around 
American Samoa Pacific pelagic management unit species that were 
harvested using longline gear in the EEZ around American Samoa or on 
the high seas.
    (d) A vessel of the United States must be registered for use under 
a valid Western Pacific longline general permit, American Samoa 
longline limited access permit, or Hawaii longline limited access 
permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around Guam, the Northern Mariana Islands, or 
the Pacific remote island areas (with the exception of Midway Atoll); 
or
    (2) To land or tranship shoreward of the outer boundary of the EEZ 
around Guam, the Northern Mariana Islands, or the Pacific remote island 
areas (with the exception of Midway Atoll), Pacific pelagic management 
unit species that were harvested using longline gear.
    (e) A receiving vessel of the United States must be registered for 
use with a valid receiving vessel permit if that vessel is used to land 
or transship, within the Western Pacific Fishery Management Area, 
Pacific pelagic management unit species that were harvested using 
longline gear.
    (f) A vessel of the United States must be registered for use with a 
valid PRIA pelagic troll and handline fishing permit if that vessel is 
used to fish for Pacific pelagic management unit species using pelagic 
handline or trolling fishing methods in the EEZ around the PRIA.
    (g) Any required permit must be on board the vessel and available 
for inspection by an authorized agent, except that, if the permit was 
issued (or registered to the vessel) during the fishing trip in 
question, this requirement applies only after the start of any 
subsequent fishing trip.
    (h) A permit is valid only for the vessel for which it is 
registered. A permit not registered for use with a particular vessel 
may not be used.
    (i) An application for a permit required under this section will be 
submitted to PIRO as described in Sec.  660.13.
    (j) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
and sanctions for permits issued under this section, as applicable, are 
contained in Sec.  660.13.
    (k) A Hawaii longline limited access permit may be transferred as 
follows:
    (1) The owner of a Hawaii longline limited access permit may apply 
to transfer the permit:
    (i) To a different person for registration for use with the same or 
another vessel; or
    (ii) For registration for use with another U.S. vessel under the 
same ownership.
    (2) An application for a permit transfer must be submitted to PIRO 
as described in Sec.  660.13(c).
    (l) A Hawaii longline limited access permit will not be registered 
for use with a vessel that has a LOA greater than 101 ft (30.8 m).
    (m) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or 
otherwise) a Hawaii longline limited access permit.
    (n) Permit Appeals. Except as provided in subpart D of 15 CFR part 
904, any applicant for a permit or any permit owner may appeal to the 
Regional Administrator the granting, denial, conditioning, suspension, 
or transfer of a permit or requested permit under this section. To be 
considered by the Regional Administrator, the appeal will be in 
writing, will state the action(s) appealed, and the reasons therefor, 
and will be submitted within 30 days of the action(s) by the Regional 
Administrator. The appellant may request an informal hearing on the 
appeal.
    (1) Upon receipt of an appeal authorized by this section, the 
Regional Administrator may request additional information. Upon receipt 
of sufficient information, the Regional Administrator will decide the 
appeal in accordance with the criteria set out in this part. In making 
such decision, the Administrator may review relevant portions of the 
Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region, to the extent such review would clarify the criteria in 
this part. Such decision will be based upon information relative to the 
application on file at NMFS and the Council and any additional 
information available; the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, as provided in 
paragraph (n)(3) of this section; and such other considerations as 
deemed appropriate. The Regional Administrator will notify the 
appellant of the decision and the reasons therefor, in writing, 
normally within 30 days of the receipt of sufficient information, 
unless additional time is needed for a hearing.
    (2) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose. Such a hearing normally shall be held no later than 30 days 
following receipt of the appeal, unless the hearing officer extends the 
time. The appellant and, at the discretion of the hearing officer, 
other interested persons, may appear personally or be represented by 
counsel at the hearing and submit information and present arguments as 
determined appropriate by the hearing officer. Within 30 days of the 
last day of the

[[Page 43794]]

hearing, the hearing officer shall recommend, in writing, a decision to 
the Regional Administrator.
    (3) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify the appellant, and 
interested persons, if any, of the decision, and the reason(s) 
therefor, in writing, within 30 days of receipt of the hearing 
officer's recommended decision. The Regional Administrator's action 
shall constitute final Agency action for purposes of the Administrative 
Procedure Act.
    (4) In the case of a timely appeal from an American Samoa longline 
limited access permit initial permit decision, the Regional 
Administrator will issue the appellant a temporary American Samoa 
longline limited access permit. A temporary permit will expire 20 days 
after the Regional Administrator's final decision on the appeal. In no 
event will a temporary permit be effective for longer than 60 days.
    (5) With the exception of temporary permits issued under paragraph 
(n)(4) of this section, any time limit prescribed in this section may 
be extended for a period not to exceed 30 days by the Regional 
Administrator for good cause, either upon his/her own motion or upon 
written request from the appellant stating the reason(s) therefor.
    5. Section 660.22 is revised to read as follows:


Sec.  660.22  Prohibitions.

    In addition to the prohibitions specified in Sec.  660.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to make and/or file all reports of Pacific 
pelagic management unit species landings, containing all data and in 
the exact manner, as required by applicable state law or regulation, as 
specified in Sec.  660.3, provided that the person is required to do so 
by applicable state law or regulation.
    (b) Use a vessel without a valid permit issued under the High Seas 
Fishing Compliance Act to fish for Pacific pelagic management unit 
species using longline gear,on the high seas, in violation of 
Sec. Sec.  300.15 and 660.21(a)of this title .
    (c) Use a vessel in the EEZ around the Hawaiian Archipelago without 
a valid Hawaii longline limited access permit registered for use with 
that vessel, to fish for Pacific pelagic management unit species using 
longline gear in violation of Sec.  660.21(b)(1).
    (d) Use a vessel shoreward of the outer boundary of the EEZ around 
the Hawaiian Archipelago without a valid Hawaii longline limited access 
permit registered for use with that vessel, to land or tranship Pacific 
pelagic management unit species that were harvested with longline gear, 
in violation of Sec.  660.21(b)(2).
    (e) Use a vessel in the EEZ around American Samoa without a valid 
American Samoa longline limited access permit registered for use with 
that vessel, to fish for Pacific pelagic management unit species using 
longline gear, in violation of Sec.  660.21(c)(1).
    (f) Use a vessel shoreward of the outer boundary of the EEZ around 
American Samoa without a valid American Samoa longline limited access 
permit registered for use with that vessel, to land Pacific pelagic 
management unit species that were caught with longline gear within the 
EEZ around American Samoa, in violation of Sec.  660.21(c)(2).
    (g) Use a vessel within the EEZ around American Samoa without a 
valid American Samoa longline limited access permit registered for use 
with that vessel, to tranship Pacific pelagic management unit species 
that were caught with longline gear, in violation of Sec.  
660.21(c)(3).
    (h) Use a vessel in the EEZ around Guam, the Northern Mariana 
Islands, or the Pacific remote island areas (with the exception of 
Midway Atoll) without either a valid Western Pacific longline general 
permit, American Samoa longline limited access permit or a Hawaii 
longline limited access permit registered for use with that vessel, to 
fish for Pacific pelagic management unit species using longline gear, 
in violation of Sec.  660.21(d)(1).
    (i) Use a vessel shoreward of the outer boundary of the EEZ around 
Guam, the Northern Mariana Islands, or the Pacific remote island areas 
(with the exception of Midway Atoll) without either a valid Western 
Pacific longline general permit, American Samoa longline limited access 
permit or a Hawaii longline limited access permit registered for use 
with that vessel, to land or tranship Pacific pelagic management unit 
species that were harvested using longline gear, in violation of Sec.  
660.21(d)(2).
    (j) Use a vessel in the Western Pacific Fishery Management Area to 
land or transship Pacific pelagic management unit species caught by 
other vessels using longline gear, without a valid receiving vessel 
permit registered for use with that vessel, in violation of Sec.  
660.21(e).
    (k) Use a vessel in the EEZ around the PRIA employing handline or 
trolling methods to fish for Pacific pelagic management unit species 
without a valid PRIA pelagic troll and handline fishing permit 
registered for use for that vessel in violation of Sec.  660.21(f).
    (l) Fish in the fishery after failing to comply with the 
notification requirements in Sec.  660.23.
    (m) Fail to comply with notification requirements set forth in 
Sec.  660.23 or in any EFP issued under Sec.  660.17.
    (n) Fail to comply with a term or condition governing the vessel 
monitoring system when using a vessel registered for use with a Hawaii 
longline limited access permit, or a vessel registered for use with a 
size Class C or D American Samoa longline limited access permit in 
violation of Sec.  660.25.
    (o) Fish for, catch, or harvest Pacific pelagic management unit 
species with longline gear without a VMS unit on board the vessel after 
installation of the VMS unit by NMFS in violation of Sec.  
660.25(d)(2).
    (p) Possess on board a vessel without a VMS unit Pacific pelagic 
management unit species harvested with longline gear after NMFS has 
installed the VMS unit on the vessel in violation of Sec.  
660.25(d)(2).
    (q) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same; or to move 
or remove a VMS unit without the prior permission of the SAC in 
violation of Sec.  660.25(d)(3).
    (r) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit in 
violation of Sec.  660.25(d)(3).
    (s) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit in violation 
of Sec.  660.25(d)(3).
    (t) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer in violation of Sec.  660.25(d)(3).
    (u) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC in violation of Sec.  
660.25(d)(3).
    (v) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under Sec.  
660.17 or Sec.  660.27, in violation of Sec.  660.26.
    (w) Fish for Pacific pelagic management unit species with longline 
gear within the protected species zone in violation of Sec.  660.26(b).
    (x) Fail to comply with a term or condition governing the observer 
program established in Sec.  660.28 if using a vessel registered for 
use with a Hawaii longline limited access permit, or a vessel 
registered for use with a size Class B, C or D American Samoa longline 
limited access permit, to fish

[[Page 43795]]

for Pacific pelagic management unit species using longline gear.
    (y) Fail to comply with other terms and conditions that the 
Regional Administrator imposes by written notice to either the permit 
holder or the designated agent of the permit holder to facilitate the 
details of observer placement.
    (z) Enter the EEZ around the Hawaiian Archipelago with longline 
gear that is not stowed or secured in accordance with Sec.  660.29, if 
operating a U.S. vessel without a valid Hawaii longline limited access 
permit registered for use with that vessel.
    (aa) Enter the EEZ around Guam, the Northern Mariana Islands, or 
PRIA with longline gear that is not stowed or secured in accordance 
with Sec.  660.29 if operating a U.S. vessel without a valid Western 
Pacific longline general permit, American Samoa longline limited access 
permit, or Hawaii longline limited access permit, registered for use 
with that vessel.
    (bb) Enter the EEZ around American Samoa with longline gear that is 
not stowed or secured in accordance with Sec.  660.29, if operating a 
U.S. vessel without a valid American Samoa longline limited access 
permit registered for use with that vessel.
    (cc) Fail to carry, or fail to use, a line clipper, dip net, or 
dehooker on a vessel registered for use under a Hawaii longline limited 
access permit in violation of Sec.  660.32(a).
    (dd) When operating a vessel registered for use under a American 
Samoa longline limited access permit or a Hawaii longline limited 
access permit, fail to comply with the sea turtle handling, 
resuscitation, and release requirements in violation of Sec.  
660.32(b).
    (ee) Engage in shallow-setting without a valid shallow-set 
certificate for each shallow set made in violation of Sec.  660.33(c).
    (ff) Fail to attach a valid shallow-set certificate for each 
shallow-set to the original logbook form submitted to the Regional 
Administrator under Sec.  660.14, in violation of Sec.  660.33(c).
    (gg) Possess float lines less than 20 meters in length on board a 
vessel registered for use under a Hawaii longline limited access permit 
at any time during a trip for which notification to NMFS under Sec.  
660.23(a) indicated that deep-setting would be done, in violation of 
Sec.  660.33(d).
    (hh) Possess light sticks on board a vessel registered for use 
under a Hawaii longline limited access permit at any time during a trip 
for which notification to NMFS under Sec.  660.23(a) indicated that 
deep-setting would be done, in violation of Sec.  660.33(d).
    (ii) Transfer a shallow-set certificate to a person other than a 
holder of a Hawaii longline limited access permit in violation of Sec.  
660.33(e).
    (jj) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit north of the equator 
(0[deg] lat.) with hooks other than offset circle hooks sized 18/0 or 
larger, with 10[deg] offset, in violation of Sec.  660.33(f).
    (kk) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit north of the equator 
(0[deg] lat.) with bait other than mackerel-type bait in violation of 
0[deg] 660.33(g).
    (ll) From a vessel registered for use under a Hawaii longline 
limited access permit, make any longline set not of the type (shallow-
setting or deep-setting) indicated in the notification to the Regional 
Administrator pursuant to Sec.  660.23(a), in violation of Sec.  
660.33(h).
    (mm) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit after the shallow-set 
component of the longline fishery has been closed pursuant to Sec.  
660.33(b)(3)(ii), in violation of Sec.  660.33(i).
    (nn) Land or possess more than 10 swordfish on board a vessel 
registered for use under a Hawaii longline limited access permit on a 
fishing trip for which the permit holder notified NMFS under Sec.  
660.23(a) that the vessel would conduct a deep-setting trip, in 
violation of Sec.  660.33(j).
    (oo) Own or operate a vessel that is registered for use under a 
Hawaii longline limited access permit and engaged in longline fishing 
for Pacific pelagic management unit species and fail to be certified 
for completion of a NMFS protected species workshop in violation of 
Sec.  660.34(a).
    (pp) Operate a vessel registered for use under a Hawaii longline 
limited access permit while engaged in longline fishing without having 
on board a valid protected species workshop certificate issued by NMFS 
or a legible copy thereof in violation of Sec.  660.34(d).
    (qq) Fail to use a line setting machine or line shooter, with 
weighted branch lines, to set the main longline when operating a vessel 
that is registered for use under a Hawaii longline limited access 
permit and equipped with monofilament main longline, when making deep 
sets north of 23[deg] N. lat., in violation of Sec.  660.35(a)(1) or 
(a)(2).
    (rr) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when operating a vessel registered for use 
under a Hawaii longline limited access north of 23[deg] N. lat., in 
violation of Sec.  660.35(a)(3).
    (ss) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use under a Hawaii longline limited 
access permit that is fishing north of 23[deg] N. lat., in violation of 
Sec.  660.35(a)(4), (a)(5), or (a)(6).
    (tt) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait, strategically when operating a vessel registered for use 
under a Hawaii longline limited access permit that is fishing north of 
23[deg] N. lat., in violation of Sec.  660.35(a)(7), through (a)(9).
    (uu) Fail to be begin the deployment of longline gear at least one 
hour after local sunset or fail to complete the setting process before 
local sunrise from a vessel registered for use under a Hawaii longline 
limited access permit while shallow-setting north of 23[deg] N. lat. in 
violation of Sec.  660.35(a)(1).
    (vv) Fail to handle short-tailed albatrosses that are caught by 
pelagic longline gear in a manner that maximizes the probability of 
their long-term survival, in violation of Sec.  660.35 (b).
    (ww) Fail to handle seabirds other than short-tailed albatrosses 
that are caught by pelagic longline gear in a manner that maximizes the 
probability of their long-term survival, in violation of Sec.  
660.35(c).
    (xx) Use a large vessel to fish for Pelagic management unit species 
within an American Samoa large vessel prohibited area except as allowed 
pursuant to an exemption issued under Sec.  660.38.
    (yy) Fish for Pacific pelagic management unit species using gear 
prohibited under Sec.  660.30 or not permitted by an EFP issued under 
Sec.  660.17.
    6. Section 660.23 is revised to read as follows:


Sec.  660.23  Notifications.

    (a) The permit holder for any vessel registered for use under a 
Hawaii longline limited access permit or for any vessel greater than 40 
ft in length overall that is registered for use under an American Samoa 
longline limited access permit, shall provide a notice to the Regional 
Administrator at least 72 hours (not including weekends and Federal 
holidays) before the vessel leaves port on a fishing trip, any part of 
which occurs in the EEZ around the Hawaiian Archipelago or American 
Samoa. The vessel operator will be presumed to be an agent designated 
by the permit holder unless the Regional Administrator is otherwise 
notified by the permit holder. The notice must be provided to the 
office or telephone number designated by the Regional

[[Page 43796]]

Administrator. The notice must provide the official number of the 
vessel, the name of the vessel, the intended departure date, time, and 
location, the name of the operator of the vessel, and the name and 
telephone number of the agent designated by the permit holder to be 
available between 8 a.m. and 5 p.m. (local time) on weekdays for NMFS 
to contact to arrange observer placement. Permit holders for vessels 
registered for use under Hawaii longline limited access permits must 
also provide notification of the trip type (either deep-setting or 
shallow-setting).
    (b) The operator of any vessel subject to the requirements of this 
subpart who does not have on board a VMS unit while transiting the 
protected species zone as defined in Sec.  660.12, must notify the NMFS 
Special-Agent-In-Charge immediately upon entering and immediately upon 
departing the protected species zone. The notification must include the 
name of the vessel, name of the operator, date and time (GMT) of access 
or exit from the protected species zone, and location by latitude and 
longitude to the nearest minute.
    (c) The permit holder for any American Samoa longline limited 
access permit, or an agent designated by the permit holder, must notify 
the Regional Administrator within 30 days of a complete change in 
ownership of the vessel registered for use with the permit.
    7. In Sec.  660.25, paragraph (b), the first sentence of paragraph 
(c), and the introductory text of paragraph (d) are revised to read as 
follows:


Sec.  660.25  Vessel monitoring systems.

* * * * *
    (b) Notification. After a Hawaii longline limited access permit 
holder or size Class C or D American Samoa longline limited access 
permit holder has been notified by the SAC of a specific date for 
installation of a VMS unit on the permit holder's vessel, the vessel 
must carry the VMS unit after the date scheduled for installation.
    (c) Fees and Charges. During the experimental VMS program, a Hawaii 
longline limited access permit holder or size Class C or D American 
Samoa longline permit holder with a size Class D or D permit shall not 
be assessed any fee or other charges to obtain and use a VMS unit, 
including the communication charges related directed to requirements 
under this section. * * *
    (d) Permit holder duties. The holder of a Hawaii longline limited 
access permit or a size Class C or D American Samoa longline permit and 
master of the vessel must:
* * * * *
    8. Section 660.36 is added to read as follows:


Sec.  660.36  American Samoa Longline Limited Entry Program.

    (a) General. Under Sec.  660.21(c), certain U.S. vessels are 
required to be registered for use under a valid American Samoa longline 
limited access permit. With the exception of reductions in permits in 
vessel size Class A under paragraph (c)(1) of this section, the maximum 
number of permits will be capped at the number of initial permits 
actually issued under paragraph (f)(1) of this section.
    (b) Terminology. For purposes of this section, the following terms 
have these meanings:
    (1) Documented participation means participation proved by a 
properly submitted NMFS or American Samoa logbook, an American Samoa 
creel survey record, a delivery or payment record from an America 
Samoa-based cannery, retailer or wholesaler, an America Samoa tax 
record, an individual wage record, ownership title, vessel 
registration, or other official documents showing:
    (i) Ownership of a vessel that was used to fish in the EEZ around 
American Samoa, or
    (ii) Evidence of work on a fishing trip during which longline gear 
was used to harvest Pacific pelagic management unit species in the EEZ 
around American Samoa.
    (2) Family means those people related by blood, marriage, and 
formal or informal adoption.
    (c) Vessel size classes. The Regional Administrator shall issue 
American Samoa longline limited access permits in the following size 
classes:
    (1) Class A: Vessels less than or equal to 40 ft (12.2 m) length 
overall. The maximum number will be reduced as Class B-1, C-1, and D-1 
permits are issued under paragraph (e) of this section.
    (2) Class B: Vessels over 40 ft (12.2 m) to 50 ft (15.2 m) length 
overall.
    (3) Class B-1: Maximum number of 14 permits for vessels over 40 ft 
(12.2 m) to 50 ft (15.2 m) length overall, to be made available 
according to the following schedule:
    (i) Four permits in the first calendar year after the Regional 
Administrator has issued all initial permits in Classes A, B, C, and D 
(initial issuance),
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus four 
additional permits,
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first eight, plus 
four additional permits, and
    (iv) In the fourth calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first 12, plus two 
additional permits.
    (4) Class C: Vessels over 50 ft (15.2 m) to 70 ft (21.3 m) length 
overall.
    (5) Class C-1: Maximum number of six permits for vessels over 50 ft 
(15.2) to 70 ft (21.3 m) length overall, to be made available according 
to the following schedule:
    (i) Two permits in the first calendar year after initial issuance,
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits, and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (6) Class D: Vessels over 70 ft (21.3 m) length overall.
    (7) Class D-1: Maximum number of 6 permits for vessels over 70 ft 
(21.3 m) length overall, to be made available according to the 
following schedule:
    (i) Two permits in the first calendar year after initial issuance,
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits, and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (d) A vessel subject to this section may only be registered with an 
American Samoa longline limited access permit of a size class equal to 
or larger than the vessel's length overall.
    (e) Initial permit qualification. Any U.S. national or U.S. citizen 
or company, partnership, or corporation qualifies for an initial 
American Samoa longline limited access permit if the person, company, 
partnership, or corporation, on or prior to March 21, 2002, owned a 
vessel that was used during the time of their ownership to harvest 
Pacific pelagic management unit species with longline gear in the EEZ 
around American Samoa and that fish was landed in American Samoa:
    (1) Prior to March 22, 2002, or
    (2) Prior to June 28, 2002, provided that the person or business 
provided to NMFS or the Council, prior to March 22, 2002, a written 
notice of intent to participate in the pelagic longline fishery in the 
EEZ around American Samoa.
    (f) Initial permit issuance. (1) Any application for issuance of an 
initial

[[Page 43797]]

permit must be submitted to the Pacific Islands Regional Office no 
later than 120 days after the effective date of the final rule. The 
Regional Administrator shall publish a notice in the Federal Register, 
send notices to persons on the American Samoa pelagics mailing list, 
and use other means to notify prospective applicants of the 
availability of permits. Applications for initial permits must be made, 
and application fees paid, in accordance with Sec. Sec.  660.13(c)(1), 
(d) and (f)(2). If the applicant is any entity other than a sole owner, 
the application must be accompanied by a supplementary information 
sheet obtained from the Regional Administrator, containing the names 
and mailing addresses of all owners, partners, and corporate officers.
    (2) Only permits of Class A, B, C, and D will be made available for 
initial issuance. Permits of Class B-1, C-1, and D-1, will be made 
available in subsequent calendar years.
    (3) Within 30 days of receipt of a completed application, the 
Regional Administrator shall make a decision on whether the applicant 
qualifies for an initial permit and will notify the successful 
applicant by a dated letter. The successful applicant must register his 
or her vessel, of the equivalent size class or smaller to which the 
qualifying vessel would have belonged, to the permit within 120 days of 
the date of the letter of notification, and maintain this vessel 
registration to the permit for at least 120 days. The successful 
applicant must also submit a supplementary information sheet, obtained 
from the Regional Administrator, containing the name and mailing 
address of the owner of the vessel to which the permit is registered. 
If the registered vessel is owned by any entity other than a sole 
owner, the names and mailing addresses of all owners, partners, and 
corporate officers must be included.
    (4) An appeal of a denial of an application for an initial permit 
shall be processed in accordance with Sec.  660.21(n) of this subpart.
    (5) After all appeals on initial permits are concluded in any 
vessel size class, the maximum number of permits in that class shall be 
the number of permits issued during the initial issuance process 
(including appeals). The maximum number of permits will not change, 
except that the maximum number of Class A permits will be reduced if 
Class A permits are replaced by B-1, C-1, or D-1 permits under 
paragraph (h) of this section. Thereafter, if any Class A, B, C, or D 
permit becomes available, the Regional Administrator shall re-issue 
that permit according to the process set forth in paragraph (g) of this 
section.
    (g) Additional permit issuance. (1) If the number of permits issued 
in Class A, B, C, or D, falls below the maximum number of permits, the 
Regional Administrator shall publish a notice in the Federal Register, 
send notices to persons on the American Samoa pelagics mailing list, 
and use other means to notify prospective applicants of any available 
permit(s) in that class. The Regional Administrator shall issue permits 
to persons according the following priority standard:
    (i) First priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class A sized vessel.
    (ii) The next priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class B size, Class C size, or Class D size 
vessel, in that order.
    (iii) In the event of a tie in the priority ranking between two or 
more applicants, then the applicant whose second documented 
participation in the pelagic longline fishery in the EEZ around 
American Samoa is first in time will be ranked first in priority. If 
there is still a tie between two or more applicants, the Regional 
Administrator will select the successful applicant by an impartial 
lottery.
    (2) Applications must be made, and application fees paid, in 
accordance with Sec. Sec.  660.13(c)(1), (d), and (f)(2). If the 
applicant is any entity other than a sole owner, the application must 
be accompanied by a supplementary information sheet, obtained from the 
Regional Administrator, containing the names and mailing addresses of 
all owners, partners, and corporate officers that comprise ownership of 
the vessel for the which the permit application is prepared.
    (3) Within 30 days of receipt of a completed application, the 
Regional Administrator shall make a decision on whether the applicant 
qualifies for a permit and will notify the successful applicant by a 
dated letter. The successful applicant must register a vessel of the 
equivalent vessel size or smaller to the permit within 120 days of the 
date of the letter of notification. The successful applicant must also 
submit a supplementary information sheet, obtained from the Regional 
Administrator, containing the name and mailing address of the owner of 
the vessel to which the permit is registered. If the registered vessel 
is owned by any entity other than a sole owner, the names and mailing 
addresses of all owners, partners, and corporate officers must be 
included. If the successful applicant fails to register a vessel to the 
permit within 120 days, the Regional Administrator shall issue a letter 
of notification to the next person on the priority list or, in the 
event that there are no more prospective applicants on the priority 
list, re-start the issuance process pursuant to paragraph (g)(1) of 
this section. Any person who fails to register the permit to a vessel 
under this paragraph within 120 days shall not be eligible to apply for 
a permit for 6 months from the date those 120 days expired.
    (4) An appeal of a denial of an application for a permit shall be 
processed in accordance with Sec.  660.21(n).
    (h) Class B-1, C-1, and D-1 Permits. (1) Permits of Class B-1, C-1, 
and D-1 may be initially issued only to persons who hold a Class A 
permit and who, prior to March 22, 2002, participated in the pelagic 
longline fishery around American Samoa.
    (2) The Regional Administrator shall issue permits to persons for 
Class B-1, C-1, and D-1 permits based on each person's earliest 
documented participation, with the highest priority given to that 
person with the earliest date of documented participation.
    (3) A permit holder who receives a Class B-1, C-1, or D-1 permit 
must relinquish his or her Class A permit and that permit will no 
longer be valid. The maximum number of Class A permits will be reduced 
accordingly.
    (4) Within 30 days of receipt of a completed application for a 
Class B-1, C-1, and D-1 permit, the Regional Administrator shall make a 
decision on whether the applicant qualifies for a permit and will 
notify the successful applicant by a dated letter. The successful 
applicant must register a vessel of the equivalent vessel size or 
smaller to the permit within 120 days of the date of the letter of 
notification. The successful applicant must also submit a supplementary 
information sheet, obtained from the Regional Administrator, containing 
the name and mailing address of the owner of the vessel to which the 
permit is registered. If the registered vessel is owned by any entity 
other than a sole owner, the names and mailing addresses of all owners, 
partners, and corporate officers must be included.
    (5) An appeal of a denial of an application for a Class B-1, C-1, 
or D-1 permit shall be processed in accordance with Sec.  660.21(n).
    (6) If a Class B-1, C-1, or D-1 permit is relinquished, revoked, or 
not renewed pursuant to paragraph (j)(1) of this

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section, the Regional Administrator shall make that permit available 
according to the procedure described in paragraphs (g)(1) through 
(g)(4) of this section.
    (i) Permit transfer. The holder of an American Samoa longline 
limited access permit may transfer the permit to another individual, 
partnership, corporation, or other entity as described in this section. 
Applications for permit transfers must be submitted to the Regional 
Administrator within 30 days of the transferral date. If the applicant 
is any entity other than a sole owner, the application must be 
accompanied by a supplementary information sheet, obtained from the 
Regional Administrator, containing the names and mailing addresses of 
all owners, partners, and corporate officers. After such an application 
has been made, the permit is not valid for use by the new permit holder 
until the Regional Administrator has issued the permit in the new 
permit holder's name under Sec.  660.13(c).
    (1) Permits of all size classes except Class A. An American Samoa 
longline limited access permit of any size class except Class A may be 
transferred (by sale, gift, bequest, intestate succession, barter, or 
trade) to the following persons only:
    (i) A Western Pacific community located in American Samoa that 
meets the criteria set forth in section 305(i)(2) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(i)(2), and its implementing regulations, or
    (ii) Any person with documented participation in the pelagic 
longline fishery in the EEZ around American Samoa.
    (2) Class A Permits. An American Samoa longline limited access 
permit of Class A may be transferred (by sale, gift, bequest, intestate 
succession, barter, or trade) to the following persons only:
    (i) A family member of the permit holder,
    (ii) A Western Pacific community located in American Samoa that 
meets the criteria set forth in section 305(i)(2) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(i)(2), and its implementing regulations, or
    (iii) Any person with documented participation in the pelagic 
longline fishery on a Class A size vessel in the EEZ around American 
Samoa prior to March 22, 2002.
    (3) Class B-1, C-1, and D-1 Permits. Class B-1, C-1, and D-1 
permits may not be transferred to a different owner for 3 years from 
the date of initial issuance, except by bequest or intestate succession 
if the permit holder dies during those 3 years. After the initial 3 
years, Class B-1, C-1, and D-1 permits may be transferred only in 
accordance with the restrictions in paragraph (i)(1) of this section.
    (j) Permit renewal and registration of vessels--(1) Use 
Requirements. An American Samoa longline limited access permit will not 
be renewed following 3 consecutive calendar years (beginning with the 
year after the permit was issued in the name of the current permit 
holder) in which the vessel(s) to which it is registered landed less 
than:
    (i) For permit size Classes A or B: a total of 1,000 lb (455 kg) of 
Pacific pelagic management unit species harvested in the EEZ around 
American Samoa using longline gear, or
    (ii) For permit size Classes C or D: a total of 5,000 lb (2,273 kg) 
of Pacific pelagic management unit species harvested in the EEZ around 
American Samoa using longline gear.
    (2) An American Samoa longline limited access permit will not be 
renewed if the owner of the vessel to which the permit is registered 
does not have on file with the Regional Administrator a valid protected 
species workshop certificate issued by NMFS, in accordance with Sec.  
660.34(c)(2).
    (k) Concentration of ownership of permits. No more than 10 percent 
of the maximum number of permits, of all size classes combined, may be 
held by the same permit holder. Fractional interest will be counted as 
a full permit for the purpose of calculating whether the 10-percent 
standard has been reached.
    (l) Three-year review. Within 3 years of the effective date of this 
rule the Council shall consider appropriate revisions to the America 
Samoa limited entry program after reviewing the effectiveness of the 
program with respect to its biological and socioeconomic objectives, 
concerning gear conflict, overfishing, enforceability, compliance, and 
other issues.

Sec. Sec.  660.13, 660.21, 660.22, 660.27, 660.28, 660.38, 660.41, 
660.42, 660.48, 660.49, 660.51, 660.61, 660.62, 660.63, 660.65, and 
660.86 [Amended]
    9. In the table below, for each section indicated in the left 
column, remove the words indicated in the middle column from wherever 
they appear in the section, and add the words indicated in the right 
column:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Section                                               Remove                                                Add
--------------------------------------------------------------------------------------------------------------------------------------------------------
660.13.........................................                                        Southwest Region                                 Western Pacific
                                                                                                    FMD                          Regional Administrator
660.21.........................................                                                        Longline Western Pacific general longline permit
                                                                                    Pacific Area Office                                            PIRO
                                                                                                    FMD                          Regional Administrator
660.22.........................................                                                        Longline Western Pacific general longline permit
660.27.........................................                                     Pacific Area Office                                            PIRO
660.28.........................................             Fisheries Observer Branch, Southwest Region                          Observer Program, PIRO
                                                                       Southwest Regional Administrator                          Regional Administrator
660.38.........................................                                                        Longline Western Pacific general longline permit
660.41.........................................                                     Pacific Area Office                                            PIRO
                                                                                      Regional Director                          Regional Administrator
660.42.........................................                                       Regional Director                          Regional Administrator
660.48.........................................                                                   NMFS Law Enforcement Office                       SAC
660.49.........................................                                       Regional Director                          Regional Administrator
660.51.........................................                                       Regional Director                          Regional Administrator
660.61.........................................                                                    PIAO                                            PIRO
660.62.........................................                                       Regional Director                          Regional Administrator
660.63.........................................                                     Pacific Area Office                                            PIRO
660.65.........................................                                     Pacific Area Office                                            PIRO
660.86.........................................                             Pacific Islands Area Office                                            PIRO
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 43799]]

[FR Doc. 04-16587 Filed 7-21-04; 8:45 am]
BILLING CODE 3510-22-S