[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: 50CFR665.602]

[Page 277-279]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
        Subpart G_Western Pacific Coral Reef Ecosystem Fisheries
 
Sec.  665.602  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, Sec.  
665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining coral reef ecosystem MUS must have a special permit 
if they, or a vessel which they operate, is used to fish for any:
    (i) Coral reef ecosystem MUS in low-use MPAs as defined in Sec.  
665.18;
    (ii) Potentially Harvested Coral Reef Taxa in the coral reef 
ecosystem regulatory area; or
    (iii) Coral reef ecosystem MUS in the coral reef ecosystem 
regulatory area with any gear not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the coral reef 
ecosystem regulatory area to land or tranship PHCRT, or any coral reef 
ecosystem MUS harvested within low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under the Bottomfish and 
Seamount Groundfish FMP, Pelagics FMP, Crustaceans FMP or Precious 
Corals FMP who incidentally catches coral reef ecosystem MUS while 
fishing for bottomfish management unit species, crustaceans management 
unit species, Pacific pelagic management unit species, precious coral, 
or seamount groundfish.
    (ii) Any person fishing for CHCRT outside of an MPA, who does not 
retain any incidentally caught PHCRT; and
    (iii) Any person collecting marine organisms for scientific research 
as described in Sec.  600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management subarea specified on the permit.
    (c) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits are contained in 
Sec.  665.13.
    (d) Special permit. The Regional Administrator shall issue a special 
permit in accordance with the criteria and procedures specified in this 
section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete and submit to the Regional 
Administrator, a Special Coral Reef Ecosystem Fishing Permit Application 
Form issued by NMFS. Information in the application form must include, 
but is not limited to a statement describing the objectives of the 
fishing activity for which a special permit is needed, including a 
general description of the expected disposition of the resources 
harvested under the permit (i.e., stored live, fresh, frozen, preserved; 
sold for food, ornamental, research, or other use, and a description of 
the planned fishing operation, including location of fishing and gear 
operation, amount and species (directed and incidental) expected to be 
harvested and estimated habitat and protected species impacts).
    (2) Incomplete applications. The Regional Administrator may request 
from an applicant additional information necessary to make the 
determinations required under this section. An applicant will be 
notified of an incomplete application within 10 working days of receipt 
of the application. An incomplete application will not be considered 
until corrected in writing.
    (3) Issuance. (i) If an application contains all of the required 
information, the Regional Administrator will forward copies of the 
application within 30 days to the Council, the U.S. Coast

[[Page 278]]

Guard, the fishery management agency of the affected state, and other 
interested parties who have identified themselves to the Council, and 
the USFWS.
    (ii) Within 60 days following receipt of a complete application, the 
Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected state 
fishery management agency concerning the permit application and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant,
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested,
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FMP,
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity, and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding that 
it is consistent with the goals and objectives of the FMP, the national 
standards, the Endangered Species Act, and other applicable laws, 
approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the Regional Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to 
issues related to, spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous human 
or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FMP, including but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with

[[Page 279]]

the purposes of the special permit consistent with the objectives of the 
FMP.
    (4) Appeals of permit actions. (i) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, conditioning, or suspension of their permit 
or a permit affecting their interests to the Regional Administrator. In 
order to be considered by the Regional Administrator, such appeal must 
be in writing, must state the action(s) appealed, and the reasons 
therefore, and must be submitted within 30 days of the original 
action(s) by the Regional Administrator. The appellant may request an 
informal hearing on the appeal.
    (ii) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information and 
in such form as will allow action upon the appeal. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FMP, as appropriate, based upon information 
relative to the application on file at NMFS and the Council and any 
additional information, the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify all interested persons 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.
    (iii) 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 
after first giving notice of the time, place, and subject matter of the 
hearing in the Federal Register. Such a hearing shall normally be held 
no later than 30 days following publication of the notice in the Federal 
Register, unless the hearing officer extends the time for reasons deemed 
equitable. The appellant, the applicant (if different), and, at the 
discretion of the hearing officer, other interested parties, 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 hearing, the 
hearing officer shall recommend in writing a decision to the Regional 
Administrator.
    (iv) 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 interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 days 
of receipt of the hearing officer's recommended decision. The Regional 
Administrator's action constitutes final action for the agency for the 
purposes of the Administrative Procedure Act.
    (5) Any time limit prescribed in this section may be extended for 
good cause, for a period not to exceed 30 days by the Regional 
Administrator, either upon his or her own motion or upon written request 
from the Council, appellant or applicant stating the reason(s) 
therefore.