0334 LLP transfer appeals

Revised: 12/02/2020

LLP

License
Limitation
Program

OMB Control No. 0648-0334

ALASKA LICENSE
LIMITATION PROGRAM (LLP)
FOR GROUNDFISH, CRAB,
AND SCALLOPS
TRANSFER APPEAL

Expiration Date: 01/31/2021

U.S. Dept of Commerce/NOAA
National Marine Fisheries Service
Restricted Access Management
P.O. Box 21668
Juneau, Alaska 99802-1668
Telephone: 1-800-304-4846
FAX: 907-586-7354

The LLP originally collected basic information in order to make decisions regarding which owners
of vessels were issued licenses and which were not. The decisions were based on the fishing history
of the vessel and on the vessel's size. Now that the selection process is completed, LLP licenses are
issued to qualifying vessel owners only through transfer.
An LLP license has no expiration date, but is transferable. LLP licenses may only be transferred to
qualified persons. Permanent LLP licenses are transferable from the person holding the license to
other persons. To be effective, an application for the transfer of a license must be submitted to, and
approved by, NMFS.
Transfer applications are available online in pdf format at the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/license-limitation-program-alaska, and
also from NMFS Restricted Access Management (RAM).
The Regional Administrator will evaluate an application for an LLP license transfer and will return
an incomplete transfer application to the applicant. Any deficiencies will be identified if the
application does not meet all the criteria. An applicant who fails to submit the information specified
in the application for a transfer will be provided a reasonable opportunity to submit the specified
information or submit a revised application.
The Regional Administrator will prepare and send an Initial Administrative Decision (IAD) to the
applicant if the application is deficient or if the applicant fails to submit the specified information or
a revised application. The IAD will indicate the deficiencies in the application, including any
deficiencies with the information on the revised application. An applicant who receives an IAD
may appeal pursuant to 50 CFR 679.43.
To apply for a transfer appeal, the applicant must provide a written statement in support of the
appeal and show why the IAD should be reversed. In any appeal or reconsideration of an IAD
made, an applicant has the burden of proving his or her claim. The information submitted in the
transfer appeal is used by NMFS to assess information provided by the appellee in relation to an
application denial.
Administrative appeals must be submitted to the National Appeals Office (NAO), which is a
division of NMFS Office of Management and Budget within NOAA and operates out of NMFS
headquarters in Silver Spring, MD. The NAO adjudicates appeals by providing due process and
consistency to NMFS administrative decisions. The procedure for appealing an IAD through the
NAO is at 15 CFR part 906.

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PUBLIC REPORTING BURDEN STATEMENT
A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject
to a penalty for failure to comply with an information collection subject to the requirements of the Paperwork
Reduction Act of 1995 unless the information collection has a currently valid OMB Control Number. The approved
OMB Control Number for this information collection is 0648-0334. Without this approval, we could not conduct this
information collection. Public reporting for this information collection is estimated to be approximately 4 hours per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the
data needed, and completing and reviewing the information collection. All responses to this information collection
are required to obtain benefits pursuant to 50 CFR part 679. Send comments regarding this burden estimate or any other
aspect of this information collection, including suggestions for reducing this burden to: Assistant Regional
Administrator for Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668.
PRIVACY ACT STATEMENT
Authority: The collection of this information is authorized under the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C 1801 et seq.
Purpose: In order to manage U.S. fisheries, the NOAA National Marine Fisheries Service (NMFS) requires the use of
permits or registrations by participants in the United States. A License Limitation Program (LLP) license is required for
vessels participating in directed fishing for LLP groundfish species in the Bering Sea and Aleutian Islands (BSAI) or
Gulf of Alaska, fishing in any BSAI LLP crab fisheries, or participating in scallop fisheries in federal waters off Alaska
(except for some diving operations). As the selection process for the LLP has ended, no new licenses will be issued; an
LLP license may only be obtained through transfer. The information requested to appeal an initial administrative
determination for transfer of an LLP license is used to manage the LLP.
Routine Uses: The Department will use this information to identify fishery participants and to determine transfer
eligibility. Disclosure of this information is permitted under the Privacy Act of 1974 (5 U.S.C. Section 552a), to be
shared within NMFS offices, in order to coordinate monitoring and management of sustainability of fisheries and
protected resources, as well as with the applicable State or Regional Marine Fisheries Commissions and International
Organizations. Disclosure of this information is also subject to all of the published routine uses as identified in the
Privacy Act System of Records Notice COMMERCE/NOAA-19, Permits and Registrations for the United States
Federally Regulated Fisheries. Personally identifiable information and confidential business information submitted in
an administrative appeal are not released to the public. Final administrative appeal decisions with redactions are posted
on the NMFS National Appeals Office website. NMFS and the National Appeals Office will retain control over the
information and safeguard it from improper access, modification, and destruction, consistent with NOAA standards for
confidentiality, privacy, and electronic information.
Disclosure: Furnishing this information is required to appeal an initial administrative determination for transfer of an
LLP license under the LLP; failure to provide complete and accurate information will prevent the determination of
eligibility to transfer or receive an LLP license.