[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR665.13]

[Page 229-230]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
               Subpart B_Western Pacific Fisheries_General
 
Sec.  665.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific Western 
Pacific fisheries are set forth in subparts C, D, E, F, and G of this 
part.
    (b) Validity. Each permit is valid for fishing only in the specific 
fishery management areas identified on the permit.
    (c) Application. (1) A Western Pacific Federal Fisheries Permit 
Application Form may be obtained from the NMFS PIRO to apply for a 
permit or permits to operate in any of the fisheries regulated under 
subparts C, D, E, F, and G of this part. The completed application must 
be submitted to PIRO. In no case shall PIRO accept an application that 
is not on the Western Pacific Federal Fisheries Application Form.
    (2) A minimum of 15 days after the day PIRO receives a complete 
application should be allowed for processing a permit application for 
fisheries under subparts C, D, E, and F of this part. A minimum of 60 
days after the day PIRO receives a complete application should be 
allowed for processing a permit application for fisheries under subpart 
J of this part. If an incomplete or improperly completed application is 
filed, the applicant will be sent a letter of notice of deficiency. If 
the applicant fails to correct the deficiency within 30 days following 
the date of the letter of notification of deficiency, the application 
will be considered abandoned.
    (d) Change in application information. Any change in the permit 
application information or vessel documentation, submitted under 
paragraph (c) of this section, must be reported to PIRO in writing 
within 15 days of the change to avoid a delay in processing the permit 
application. A minimum of 10 days from the day the information is 
received by PIRO should be given for PIRO to record any change in 
information from the permit application submitted under paragraph (c) of 
this section. Failure to report such changes may result in a delay in 
processing an application, permit holders failing to receive important 
notifications, or sanctions pursuant to the Magnuson-Stevens Act at 16 
U.S.C. Sec.  1858(g) or 15 CFR part 904, subpart D.
    (e) Issuance. After receiving a complete application, the Regional 
Administrator will issue a permit to an applicant who is eligible under 
Sec. Sec.  665.21, 665.36, 665.41, 665.61, 665.601, or 665.8, or 665.602 
as appropriate.
    (f) Fees. (1) PIRO will not charge a fee for a permit issued under 
subpart D or F of this part, or for a Ho'omalu Zone limited access 
permit issued under Sec.  665.61.
    (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). The amount of 
the fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook, for determining the administrative costs of each 
special product or service. The fee may not exceed such costs and is 
specified with each application form. The appropriate fee must accompany 
each application. 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.
    (g) Expiration. (1) Permits issued under subparts C, D, E, F, and G 
of this part are valid for the period specified on the permit unless 
transferred, revoked, suspended, or modified under 15 CFR part 904.
    (2) Permits issued under subpart E of this part expire at 2400 local 
time on December 31.

[[Page 230]]

    (h) Replacement. Replacement permits may be issued, without charge, 
to replace lost or mutilated permits. An application for a replacement 
permit is not considered a new application.
    (i) Transfer. An application for a permit transfer under Sec. Sec.  
665.21(h), 665.41(e), or 665.61(e), or for registration of a permit for 
use with a replacement vessel under Sec.  665.61(k), must be submitted 
to the PIRO as described in paragraph (c) of this section.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this subpart, or a facsimile of 
the permit, must be on board the vessel at all times while the vessel is 
fishing for, taking, retaining, possessing, or landing management unit 
species shoreward of the outer boundary of the fishery management area. 
Any permit issued under this section must be displayed for inspection 
upon request of an authorized officer.
    (l) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.
    (m) Permit appeals. Procedures for appeals of permit and 
administrative actions are specified in the relevant subparts of this 
part.

[61 FR 34572, July 2, 1996, as amended at 64 FR 22812, Apr. 28, 1999; 69 
FR 8342, Feb. 24, 2004; 70 FR 29651, May 24, 2005]