[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: 50CFR665.38]

[Page 259]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
               Subpart C_Western Pacific Pelagic Fisheries
 
Sec.  665.38  Exemptions for American Samoa large vessel prohibited areas.

    (a) An exemption will be issued to a person who currently owns a 
large vessel, to use that vessel to fish for Pacific pelagic management 
unit species in the American Samoa large vessel prohibited management 
areas, if he or she had been the owner of that vessel when it was 
registered for use with a Western Pacific general longline permit and 
made at least one landing of Pacific pelagic management unit species in 
American Samoa on or prior to November 13, 1997.
    (b) A landing of Pacific pelagic management unit species for the 
purpose of this section must have been properly recorded on a NMFS 
Western Pacific Federal daily longline form that was submitted to NMFS, 
as required in Sec.  665.14.
    (c) An exemption is valid only for a vessel that was registered for 
use with a Western Pacific general longline permit and landed Pacific 
pelagic management unit species in American Samoa on or prior to 
November 13, 1997, or for a replacement vessel of equal or smaller LOA 
than the vessel that was initially registered for use with a Western 
Pacific general longline permit on or prior to November 13, 1997.
    (d) An exemption is valid only for the vessel for which it is 
registered. An exemption not registered for use with a particular vessel 
may not be used.
    (e) An exemption may not be transferred to another person.
    (f) If more than one person, e.g., a partnership or corporation, 
owned a large vessel when it was registered for use with a Western 
Pacific general longline permit and made at least one landing of Pacific 
pelagic management unit species in American Samoa on or prior to 
November 13, 1997, an exemption issued under this section will be issued 
to only one person.

[67 FR 4371, Jan. 30, 2002, as amended at 70 FR 29657, May 24, 2005]