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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

1 Small vessel, which is less than 50
ft 15.2 m LOA.
2 Large vessel, which is equal to or over 50 ft 15.2 m LOA.
d Permit eligibility. Any U.S.
national or U.S. citizen or company, partnership, or corporation is eligible for an American Samoa longline limited access permit.
e Permit issuance. 1 If the number of permits issued falls below the maximum number of permits allowed, the Regional Administrator shall publish a notice in the Federal Register and use other means to notify prospective applicants of any available permits in each class. Any application for issuance of a permit must be submitted to PIRO no later than 120
days after the date of publication of the notice on the availability of additional permits in the Federal Register. The Regional Administrator shall issue permits to persons according to the following priority standard:
i Priority accrues to the person with the earliest documented participation in the pelagic longline fishery in the EEZ
around American Samoa from smallest to largest vessel.
ii In the event of a tie in the priority ranking between two or more applicants, the applicant whose second documented participation in the pelagic longline fishery in the EEZ around American Samoa is first in time will be ranked first in priority. If there is still a tie between two or more applicants, the Regional Administrator will select the successful applicant by an impartial lottery.
2 An application must be made, and application fees paid, in accordance with 665.13c1, d, and f2. If the applicant is any entity other than a sole owner, the application must be accompanied by a supplementary information sheet, obtained from the Assistant Regional Administrator for Sustainable Fisheries, containing the names and mailing addresses of all owners, partners, and corporate officers that comprise ownership of the vessel for which the permit application is prepared.
3 Within 30 days of receipt of a completed application, the Assistant Regional Administrator for Sustainable Fisheries shall make a decision on
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whether the applicant qualifies for a permit and will notify the successful applicant by a dated letter. The successful applicant must register a vessel of appropriate size to the permit within 120 days of the date of the letter of notification. The successful applicant must also submit a supplementary information sheet, obtained from the Assistant Regional Administrator for Sustainable Fisheries, containing the name and mailing address of the owner of the vessel to which the permit is registered. If the registered vessel is owned by any entity other than a sole owner, the names and mailing addresses of all owners, partners, and corporate officers must be included. If the successful applicant fails to register a vessel to the permit within 120 days of the date of the letter of notification, the Assistant Regional Administrator for Sustainable Fisheries shall issue a letter of notification to the next person on the priority list or, in the event that there are no more prospective applicants on the priority list, re-start the issuance process pursuant to paragraph e1 of this section. Any person who fails to register the permit to a vessel under this paragraph e3 within 120 days shall not be eligible to apply for a permit for 6 months from the date those 120 days expired.
4 An appeal of a denial of an application for a permit shall be processed in accordance with 665.801o.
f Permit term. The duration of a permit is three years from the date of issuance by NMFS.
g Permit transfer. The holder of an American Samoa longline limited access permit may transfer the permit to another individual, partnership, corporation, or other entity as described in this section. The application for permit transfer must be submitted to the Regional Administrator within 30 days of the transfer date. If the applicant is any entity other than a sole owner, the application must be accompanied by a supplementary information sheet, obtained from the Assistant Regional Administrator for Sustainable Fisheries, containing the names and mailing addresses of all owners, partners, and corporate officers. After such an application has been made, the permit
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is not valid for use by the new permit holder until the Regional Administrator has issued the permit in the new permit holders name under 665.13c.
1 An American Samoa longline limited access permit may be transferred by sale, gift, bequest, intestate succession, barter, or trade to only the following persons:
i A western Pacific community located in American Samoa that meets the criteria set forth in section 305I2
of the Magnuson-Stevens Act, 16 U.S.C.
1855I2, and its implementing regulations in this part; or ii Any U.S. citizens or national.
2 Additionally, an American Samoa longline limited access small vessel permit may also be transferred by sale, gift, bequest, intestate succession, barter, or trade to a family member of the permit holder.
h Permit renewal. 1 An American Samoa longline limited access permit will not be renewed following three years in which the vessels to which it is registered landed less than:
i Small vessel: A total of 500 lb 227
kg of western Pacific pelagic MUS
harvested using longline gear; or ii Large vessel: A total of 5,000 lb 2,268 kg of western Pacific pelagic MUS harvested using longline gear.
2 For all vessels, the minimum harvest amount must be landed in American Samoa.
3 In the event of a transfer, the new permit holder would be required to meet the harvest requirement based on the following formula: Remaining harvest amount = product of percentage of time left within the 3-year permit period and the minimum harvest amount for that size vessel. The original permit term and duration does not change in the event of a transfer.
i Concentration of permits. No more than 10 percent of the maximum number of permits, of both size classes combined, may be held by the same permit holder. Fractional interest will be counted as a full permit for calculating whether the 10-percent standard has been reached.
ii Reserved FR Doc. 202121662 Filed 10621; 8:45 am BILLING CODE 351022P

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