[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: 50CFR660.340]

[Page 43-44]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents
 
                Subpart G_West Coast Groundfish Fisheries
 
Sec.  660.340  Limited entry permit appeals.

    (a) Decisions on appeals of initial decisions regarding issuance, 
renewal, change in vessel registration, change in permit owner or permit 
holder, and endorsement upgrade, will be made by the Regional 
Administrator.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the SFD denying 
issuance, renewal, change in vessel registration, change in permit owner 
or permit holder, or endorsement upgrade, on the terms requested by the 
applicant, an appeal may be filed with the Regional Administrator.
    (d) The appeal must be in writing, and must allege facts or 
circumstances to show why the criteria in this subpart have been met, or 
why an exception should be granted.
    (e) At the appellant's discretion, the appeal may be accompanied by 
a request that the Regional Administrator seek a recommendation from the 
Council as to whether the appeal should be granted. Such a request must 
contain the appellant's acknowledgment that the confidentiality 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1853

[[Page 44]]

(d) and part 600 of this chapter are waived with respect to any 
information supplied by Regional Administrator to the Council and its 
advisory bodies for purposes of receiving the Council's recommendation 
on the appeal. In responding to a request for a recommendation on 
appeal, the Council will apply the provisions of the PCGFMP in making 
its recommendation as to whether the appeal should be granted.
    (f) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 45 days of receipt of 
the appeal, or, if a recommendation from the Council is requested, 
within 45 days of receiving the Council's recommendation. The Regional 
Administrator's decision is the final administrative decision of the 
Department as of the date of the decision.

[66 FR 40922, Aug. 6, 2001]