[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: 50CFR665.41]

[Page 259-261]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
             Subpart D_Western Pacific Crustacean Fisheries
 
Sec.  665.41  Permits.

    Source: 61 FR 34572, July 2, 1996, unless otherwise noted. 
Redesignated at 71 FR 17989, Apr. 10, 2006.


    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 1 must have a limited access permit issued for 
such vessel. Only one permit will be assigned to any vessel.
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2 or Permit Area 3, must have a permit issued for such a vessel.
    (3) No vessel owner will have permits for a single vessel to harvest 
lobsters in Permit Areas 1 and 2 at the same time.
    (4) A limited access permit is valid for fishing only in Permit Area 
1.
    (b) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits issued under 
this section, as applicable, are contained in Sec.  665.13.
    (c) Application. An application for a permit required under this 
section will be submitted to the Pacific Islands Regional Office as 
described in Sec.  665.13. If the application for a limited access 
permit is submitted on behalf of a partnership or corporation, the 
application must be accompanied by a supplementary information sheet 
obtained from the Pacific Islands Regional Office and contain the names 
and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.
    (d) Number of permits. A maximum of 15 limited access permits can be 
valid at any time.
    (e) Transfer or sale of limited access permits. (1) Permits may be 
transferred or sold, but no one individual, partnership, or corporation 
will be allowed to hold a whole or partial interest in more than one 
permit, except that an owner who qualifies initially for more than one 
permit may maintain those permits, but may not obtain additional 
permits. Layering of partnerships or

[[Page 260]]

corporations shall not insulate a permit holder from this requirement.
    (2) If 50 percent or more of the ownership of a limited access 
permit is passed to persons other than those listed on the permit 
application, the Pacific Islands Regional Office must be notified of the 
change in writing and provided copies of the appropriate documents 
confirming the changes within 30 days.
    (3) Upon the transfer or sale of a limited access permit, a new 
application must be submitted by the new permit owner according to the 
requirements of Sec.  665.13. The transferred permit is not valid until 
this process is completed.
    (f) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a replacement 
vessel owned by that person.
    (g) Issuance of limited access permits to future applicants. (1) The 
Regional Administrator may issue limited access permits under this 
section when fewer than 15 vessel owners hold active permits.
    (2) When the Regional Administrator has determined that limited 
access permits may be issued to new persons, a notice shall be placed in 
the Federal Register, and other means will be used to notify prospective 
applicants of the opportunity to obtain permits under the limited access 
management program.
    (3) A period of 90 days will be provided after publication of the 
Federal Register notice for submission of new applications for a limited 
access permit.
    (4) Limited access permits issued under this paragraph (g) will be 
issued first to applicants qualifying under paragraph (g)(4)(i) of this 
section. If the number of limited access permits available is greater 
than the number of applicants that qualify under paragraph (g)(4)(i) of 
this section, then limited access permits will be issued to applicants 
under paragraph (g)(4)(ii) of this section.
    (i) First priority to receive limited access permits under this 
paragraph (g) goes to owners of vessels that were used to land lobster 
from Permit Area 1 during the period 1983 through 1990, and who were 
excluded from the fishery by implementation of the limited access 
system. If there are insufficient permits for all such applicants, the 
new permits shall be issued by the Regional Administrator through a 
lottery.
    (ii) Second priority to receive limited access permits under 
paragraph (g) goes to owners with the most points, based upon a point 
system. If two or more owners have the same number of points and there 
are insufficient permits for all such owners, the Regional Administrator 
shall issue the permits through a lottery. Under the point system, 
limited access permits will be issued, in descending order, beginning 
with owners who have the most points and proceeding to owners who have 
the least points, based on the following:
    (A) Three points shall be assigned for each calendar year after 
August 8, 1985, that the applicant was the operator of a vessel that was 
used to land lobster from Permit Area 1.
    (B) Two points shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in either commercial fishing in 
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other 
than lobster with an intention to sell all or part of the catch.
    (C) One point shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in any other commercial fishing in 
the EEZ surrounding Hawaii.
    (5) A holder of a new limited access permit must own at least a 50-
percent share in the vessel that the permit would cover.

[61 FR 34572, July 2, 1996. Redesignated at 71 FR 17989, Apr. 10, 2006 
and amended at 71 FR 30299, May 26, 2006]

    Effective Date Note: At 71 FR 53607, Sept. 12, 2006, Sec.  
665.41(a)(2) was revised, effective Oct. 12, 2006. This section contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget. For the convenience of the user, the revised text 
is set forth as follows:

[[Page 261]]

Sec.  665.41  Permits.

    (a) * * *
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2, Permit Area 3, or Permit Area 4, must have a permit issued for that 
vessel.

                                * * * * *