Application to Permanently Transfer NE Multispecies Days

APPLICATION TO
PERMANENTLY TRANSFER
NE MULTISPECIES DAYS-AT-SEA (DAS)
Provide all information requested.
SUBMIT TO
NE MULTISPECIES DAS TRANSFER PROGRAM
US DEPARTMENT OF COMMERCE, NOAA
NATIONAL MARINE FISHERIES SERVICE
ONE BLACKBURN DRIVE, GLOUCESTER, MA 01930

Transferor (Person Transferring DAS) Information:
Owner Name:
Permit #: _____________
Vessel Name:

Official #:_____________
(or state registration #)

Transferee (Person receiving DAS) Information:
Owner Name:

Permit #: _____________

Vessel Name:

Official #:_____________
(or state registration #)

Conservation Tax to be applied to the DAS of the: transferring / receiving vessel.
(Please circle one)
Baseline of the Transferee (i.e., receiving) Vessel (check one of the options below):
_____ Use Smaller Baseline Between the Two Vessels
_____ Use Larger Baseline Between the Two Vessels
(NOTE: This option will utilize the one-time allowable upgrade for this permit.)
Total Price Paid for Transferred DAS:___________
Signed:

Signed: ___________________
(Transferor)

Dated:

(Transferee)

Dated: ____________________

NOTE: This DAS Transfer Program application must be accompanied by a vessel replacement
application, and all other required documents for a vessel replacement, in order to transfer other
federal limited access permits from the transferor to the transferee.
This form is required to obtain approval for the transfer of DAS under 50 CFR 648.82(l) and to monitor DAS allocation and usage for limited access NE
multispecies permit holders. Signature of this form certifies that permit holders comply with limited access permit requirements specified in 50 CFR 648.4,
and that the information provided on this form is true, complete and correct to the best of their knowledge, and made in good faith (18 U.S.C. 1001).
Making a false statement on this form is punishable by law.
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB
Control Number.
Public reporting burden for this collection of information is estimated to average 5 minutes per response, including time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the information. Send comments regarding this burden
estimate or suggestions for reducing this burden estimate or any other aspect of this collection of information to NMFS, One Blackburn Drive, Gloucester
MA 01930.
OMB Approval No. 0648-0202
Expires 11/30/2009

648.82(k)(4)(xi)(B) Duration and applicability of one-time DAS Leasing Program baseline downgrade. The downgraded DAS Leasing Program
baseline remains in effect until the DAS Leasing Program expires or the permit is transferred to another vessel via a vessel replacement, or through a DAS
transfer unless otherwise specified in this paragraph (k)(4)(xi)(B). Once the permit is transferred to another vessel, the DAS Leasing Program baseline
reverts to the baseline horsepower and length overall specifications associated with the permit prior to the one-time downgrade, unless otherwise specified.
Once the DAS Leasing Program baseline is downgraded for a particular permit, no further downgrades may be authorized for that permit. The downgraded
DAS Leasing Program baseline may only be used to determine eligibility for the DAS Leasing Program and does not affect or change the baseline
associated with the DAS Transfer Program specified in paragraph (l)(1)(ii) of this section, or the vessel replacement or upgrade restrictions specified at
§648.4(a)(1)(i)(E) and (F), or any other provision respectively. For vessels involved in a DAS Transfer Program transaction as described in paragraph (l) of
this section, if the transferee vessel baseline is adopted, consistent with the regulations under paragraph (l)(1)(ii) of this section, and the DAS Leasing
Program baseline of the transferee vessel was previously downgraded, consistent with the regulations under this paragraph (k)(4)(xi), the downgraded DAS
Leasing Program baseline specifications remain valid.
§648.82(l) DAS Transfer Program. Except for vessels fishing under a sector allocation as specified in §648.87, or a vessel that acted as a lessee or lessor
in the DAS Leasing Program transaction, a vessel issued a valid limited access NE multispecies permit may transfer all of its NE multispecies DAS for an
indefinite time to another vessel with a valid NE multispecies permit, in accordance with the conditions and restrictions described under this section. The
Regional Administrator has final approval authority for all NE multispecies DAS transfer requests.
(1) DAS transfer conditions and restrictions. (i) The transferor vessel must transfer all of its DAS. Upon approval of the DAS transfer, all history associated
with the transferred NE multispecies DAS (moratorium right history, DAS use history, and catch history) shall be associated with the permit rights of the
transferee. Neither the individual permit history elements, nor total history associated with the transferred DAS may be retained by the transferor.
(ii) NE multispecies DAS may be transferred only to a vessel with a baseline main engine horsepower rating that is no more than 20 percent greater than
the baseline engine horsepower of the transferor vessel. NE multispecies DAS may be transferred only to a vessel with a baseline length overall that is no
more than 10 percent greater than the baseline length overall of the transferor vessel. For the purposes of this program, the baseline horsepower and
length overall are those associated with the permit as of January 29, 2004. Upon approval of the transfer, the baseline of the transferee vessel would be the
smaller baseline of the two vessels or, if the transferee vessel had not previously upgraded under the vessel replacement rules, the vessel owner could
choose to adopt the larger baseline of the two vessels, which would constitute the vessel's one-time upgrade, if such upgrade is consistent with the vessel
replacement rules. A vessel that has executed a one-time downgrade of a DAS Leasing Program baseline in accordance with paragraph (k)(4)(xi) is subject
to the restrictions of paragraph (k)(4)(xi)(B) of this section.
(iii) The transferor vessel must transfer all of its Federal limited access permits for which it is eligible to the transferee vessel in accordance with the vessel
replacement restrictions under §648.4, or permanently cancel such permits. When duplicate permits exist, i.e, those permits for which both the transferor
and transferee vessel are eligible, one of the duplicate permits must be permanently cancelled.
(iv) For the purpose of calculating the DAS conservation tax as described in this paragraph (l), the applicants must specify which DAS (the transferor's DAS
or the transferee's DAS) are subject to the DAS reduction. NE multispecies Category A and Category B DAS, as defined under paragraphs (d)(1) and (2) of
this section, shall be reduced by 20 percent upon transfer. Category C DAS, as defined under paragraph (d)(3) of this section, shall be reduced by 90
percent upon transfer.
(v) In any particular fishing year, a vessel may not execute a DAS transfer as a transferor if it previously participated in the DAS Leasing Program as either
a lessee or a lessor, as described under paragraph (k) of this section. A vessel may participate in DAS lease transaction (as a lessee or a lessor) and
submit an application for a DAS transfer (as a transferor) during the same fishing year, but the transfer, if approved, would not be effective until the
beginning of the following fishing year. Other combinations of activities under the DAS Leasing and DAS Transfer programs are permissible during the
same fishing year (i.e., act as a transferee, or act as transferor and subsequently conduct a DAS lease).
(vi) NE multispecies DAS associated with a Confirmation of Permit History may not be transferred.
(vii) Transfer by vessels fishing under a Sector allocation. A vessel fishing under the restrictions and conditions of an approved Sector allocation as
specified under §648.87(b), may not transfer DAS to another vessel that is not participating in such Sector during the fishing year in which the vessel is a
member of that Sector.
(viii) A vessel with a NE multispecies limited access Category D permit may transfer DAS only to a vessel with a NE multispecies limited access Category D
permit, but may receive transferred DAS from any eligible NE multispecies vessel.
(ix) A vessel with a DAS allocation resulting from a DAS Transfer in accordance with this paragraph (l) may acquire, through leasing, up to the sum of the
DAS allocations for the 2001 fishing year, associated with the transferred and original DAS (excluding carry-over DAS from the previous year, or additional
DAS associated with obtaining a Large Mesh permit), in accordance with the restrictions of paragraph (k) of this section.
(2) Application to transfer DAS. Owners of the vessels applying to transfer and receive DAS must submit a completed application form obtained from the
Regional Administrator. The application must be signed by both seller/transferor and buyer/transferee of the DAS, and submitted to the Regional Office at
least 45 days before the date on which the applicant desires to have the DAS effective on the buying vessel. The Regional Administrator will notify the
applicants of any deficiency in the application pursuant to this section. Applications may be submitted at any time during the fishing year, up until March 1.
(i) Application information requirements. An application to transfer NE multispecies DAS must contain the following information: Seller's/transferor's name,
vessel name, permit number and official number or state registration number; buyer's/transferee's name, vessel name, permit number and official number
or state registration number; total price paid for purchased DAS; signatures of seller and buyer; and date the form was completed. Information obtained
from the transfer application will be held confidential, and will be used only in summarized form for management of the fishery. The application must be
accompanied by verification, in writing, that the seller/transferor has requested cancellation of all state and Federal fishing permits from the appropriate
agency or agencies.

(ii) Approval of transfer application. Unless an application to transfer NE multispecies DAS is denied according to paragraph (l)(2)(iii) of this section, the
Regional Administrator shall issue confirmation of application approval to both seller/transferor and buyer/transferee within 45 days of receipt of an
application.
(iii) Denial of transfer application. The Regional Administrator may reject an application to transfer NE multispecies DAS for the following reasons: The
application is incomplete or submitted past the March 1 deadline; the seller/transferor or buyer/transferee does not possess a valid limited access NE
multispecies permit; the seller's/transferor's or buyer's/transferee's DAS is sanctioned, pursuant to an enforcement proceeding; the seller's/transferor's or
buyer/transferee's vessel is prohibited from fishing; the seller's/transferor's or buyer's/transferee's limited access NE multispecies permit is sanctioned
pursuant to enforcement proceedings; or the seller/transferor has a DAS baseline of zero. Upon denial of an application to transfer NE multispecies DAS,
the Regional Administrator shall send a letter to the applicants describing the reason(s) for application rejection. The decision by the Regional Administrator
is the final agency decision and there is no opportunity to appeal the Regional Administrator's decision.