Northeast Multispecies Permit Shelving Form

OMB Control No. 06478-0202

Expiration Date: 8/31/2019

NORTHEAST MULTISPECIES

PERMIT SHELVING FORM

SEND TO:

GREATER ATLANTIC REGION PERMIT OFFICE

NATIONAL MARINE FISHERIES SERVICE

55 GREAT REPUBLIC DRIVE, GLOUCESTER, MA 01930 Fax: 978-281-9161

Email: [email protected]

If you have an ownership interest in Northeast Multispecies permits that exceeds an average potential sector contribution (PSC) that is more than 15.5 for all the allocated stocks in aggregate, you must render one or more MRIs/permits unusable for at least the duration of a fishing year. You must identify as many permits as necessary to operate within the PSC limit. Permits rendered unusable cannot be fished or leased (but can be transferred), effective at the beginning of the following fishing year. Please note that you must meet the regulatory requirements at 50 CFR 648.4 (listed below) to shelve your permit.

Use this form to render one or more Northeast Multispecies limited access permits unusable for a fishing year (May 1-April 30). Complete shelving forms must be postmarked no later than April 1 to be in effect the next fishing year. Incomplete forms or forms found with errors will not be processed.

Signed:

Dated:

Permits are not shelved until approved by NMFS.

Please contact the Transfer and Leasing Office at 978-282-8483 with any questions.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other suggestions for reducing this burden to John K. Bullard, Regional Administrator, Greater Atlantic Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930-2298.

All data will be kept confidential as required by NOAA Administrative Order 216-100, Confidentiality of Fisheries Statistics; however, final eligibility determinations and trap allocations may be made available to the public, consistent with current practices relative to NMFS permit data. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected 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.

DRAFT REGULATORY TEXT 50 CFR 648.4 Northeast Multispecies Permits as of June 1, 2015.

(a)(1)(i)(N) Percentage ownership restrictions. (1) For any northeast multispecies permit acquired after April 7, 2011, any entity with an ownership interest as described in section (a)(1)(i)(N)(2)(i) is not eligible to be issued a limited access northeast multispecies permit for the vessel, and/or a confirmation of permit history, if, as a result of the issuance of the permit and/or confirmation of permit history, the entity would have an ownership interest that is in excess of 5 percent of the the number of all limited access northeast multispecies permitted vessels and confirmations of permit history at the time of permit application.

(2) For any northeast multispecies permit acquired after April 7, 2011, an entity with an ownership interest is not eligible to be issued a limited access northeast multispecies permit for the vessel, and/or a confirmation of permit history, if, as a result of the issuance of the permit and/or confirmation of permit history, the entity would have an ownership interest that exceeds an average potential sector contribution (PSC) that is more than 15.5 for all the allocated stocks in aggregate, except as provided in paragraph (a)(1)(i)(N)(2)(ii) or (iii) of this section.

(i) Having an ownership interest includes, but is not limited to, an entity who owns a northeast multispecies limited access permitted vessel, are shareholders in a vessel owned by a corporation, who are partners (general or limited) to a vessel owner, or who, in any way, partly own a vessel. An entity that is a shareholder, limited owner, or partly owns a vessel, will be considered a full owner when calculating percent ownership restrictions as described in this section.

(ii) Vessel owners or entities who were initially issued a 2011 limited access northeast multispecies permit or confirmation of permit history, or who were issued or renewed a limited access northeast multispecies permit or confirmation of permit history for a vessel in 2012 and thereafter, in compliance with the ownership restrictions in paragraph (a)(1)(i)(N)(1) and (2) of this section are eligible to renew such permits(s) and/or confirmation(s) of permit history, regardless of whether the renewal of the permits or confirmations of permit history will result in the 5-percent ownership restriction or an average PSC of 15.5 for all the allocated stocks in aggregate being exceeded.

(iii) A northeast multispecies vessel owner, or any other entity that has an ownership interest that is less than an average PSC of 15.5 for all the allocated stocks in aggregate, as detailed in this section, but who would have an ownership interest in excess of 15.5 after acquiring an additional MRI/permit shall be permitted to purchase said MRI/permit. After acquiring the MRI/permit, the entity shall render one or more MRI(s)/permit(s) unusable before April 1 so that the entity is no longer exceeding 15.5 for the following fishing year. A permit rendered unusable can be transferred, but cannot be fished, leased, or enrolled in a sector for the duration of the fishing year.