[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: 50CFR660.707]

[Page 207-209]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents
 
                  Subpart K_Highly Migratory Fisheries
 
Sec.  660.707  Permits.

    (a) General. This section applies to vessels that fish for HMS off 
or land HMS in the States of California, Oregon, and Washington.
    (1) A commercial fishing vessel of the United States must be 
registered for use under a HMS permit that authorizes the use of 
specific gear, and a recreational charter vessel must be registered for 
use under a HMS permit if that vessel is used:

[[Page 208]]

    (i) To fish for HMS in the U.S. EEZ off the States of California, 
Oregon, and Washington; or
    (ii) To land or transship HMS shoreward of the outer boundary of the 
U.S. EEZ off the States of California, Oregon, and Washington.
    (2) The permit must be on board the vessel and available for 
inspection by an authorized officer, except that if the permit was 
issued while the vessel was at sea, this requirement applies only to any 
subsequent trip.
    (3) A permit is valid only for the vessel for which it is 
registered. A permit not registered for use with a particular vessel may 
not be used.
    (4) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or 
otherwise) an HMS permit.
    (b) Application. (1) Following publication of the final rule 
implementing the FMP, NMFS will issue permits to the owners of those 
vessels on a list of vessels obtained from owners previously applying 
for a permit under the authority of the High Seas Fishing Compliance 
Act, the Tuna Conventions Act of 1950, the Marine Mammal Protection Act, 
and the Fishery Management Plan for Pelagic Fisheries of the Western 
Pacific Region, or whose vessels are listed on the vessel register of 
the Inter-American Tropical Tuna Commission.
    (2) All permits issued by NMFS in accordance with paragraph (b)(1) 
of this section will authorize the use of specific fishing gear by the 
identified commercial fishing vessels.
    (3) An owner of a vessel subject to these requirements who has not 
received an HMS permit from NMFS and who wants to engage in the 
fisheries must apply to the SFD for the required permit in accordance 
with the following:
    (i) A Southwest Region Federal Fisheries application form may be 
obtained from the SFD or downloaded from the Southwest Region home page 
(http://swr.nmfs.noaa.gov/permits.htm) to apply for a permit under this 
section. A completed application is one that contains all the necessary 
information and signatures required.
    (ii) A minimum of 15 days should be allowed for processing a permit 
application. If an incomplete or improperly completed application is 
filed, the applicant will be sent a notice of deficiency. If the 
applicant fails to correct the deficiency within 30 days following the 
date of notification, the application will be considered abandoned.
    (iii) A permit will be issued by the SFD. If an application is 
denied, the SFD will indicate the reasons for denial.
    (iv) Appeals. (A) Any applicant for an initial permit may appeal the 
initial issuance decision to the RA. To be considered by the RA, such 
appeal must be in writing and state the reasons for the appeal, and must 
be submitted within 30 days of the action by the RA. The appellant may 
request an informal hearing on the appeal.
    (B) Upon receipt of an appeal authorized by this section, the RA 
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.
    (C) Upon receipt of sufficient information, the RA will decide the 
appeal in accordance with the permit provisions set forth in this 
section at the time of the application, based upon information relative 
to the application on file at NMFS and the Council and any additional 
information submitted to or obtained by the RA, the summary record kept 
of any hearing and the hearing officer's recommended decision, if any, 
and such other considerations as the RA deems appropriate. The RA will 
notify all interested persons of the decision, and the reasons for the 
decision, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (D) If a hearing is requested, or if the RA determines that one is 
appropriate, the RA 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 to the applicant. The 
appellant, and, at the discretion of the hearing officer, other 
interested persons, may appear personally or be represented by counsel 
at the hearing and

[[Page 209]]

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 RA.
    (E) The RA may adopt the hearing officer's recommended decision, in 
whole or in part, or may reject or modify it. In any event, the RA 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 RA's decision will constitute the final 
administrative action by NMFS on the matter.
    (F) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the RA for good cause, either upon his 
or her own motion or upon written request from the appellant stating the 
reason(s) therefore.
    (4) Permits issued under this subpart will remain valid until the 
first date of renewal, and permits may subsequently be renewed for 2-
year terms. The renewal date will be the last day of the month 
designated by the last digit of the vessel identification number (e.g., 
if the vessel identification number ends in 3, the renewal date is March 
31, 2 years later). The first renewal requirement will occur after the 
first year of the initial permit but before the end of the second year 
of the initial permit.
    (5) 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.
    (6) Any permit that has been altered, erased, or mutilated is 
invalid.
    (c) 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 HMS shoreward of 
the outer boundary of the fishery management area unless the vessel was 
at sea at the time the permit was issued. Any permit issued under this 
section must be displayed for inspection upon request of an authorized 
officer.
    (d) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.

[69 FR 18453, Apr. 7, 2004]