American Samoa Size

801 (c) certain US ships must be recorded for use under a current American Samoa longlining licence. Except for the reduction of Class A size approvals under subparagraph (c)(1) of this Section, the limit on the number of approvals shall be the number of first approvals actually granted under subparagraph (f) of this Section.

Principal means that the Principal's attendance is evidenced by a duly filed NMFS or American Samoa log, an American Samoa gate overview protocol, a shipping or paying protocol of an American Samoa-based canning factory, retail or wholesale merchant, an American Samoa taxation protocol, an itemized payroll protocol, property titles, ship registry or other document: (1) The Principal's receipt of the Principal shall be a copy of the Principal's receipt:

2 ) Proof of work on a voyage using long line equipment to harvests Celagic must in the West Pacific in the EEZ around American Samoa. In the event that the petitioner does not have the necessary proof of work on a voyage on the basis of recordings available only from NMFS or the Government of American Samoa (e.g. gate report or logbook), the petitioner may apply to PIRO for such recordings to be obtained from the competent authorities, if available.

c) Ship size categories. In the following size categories, the Regional Administrator grants restricted long-line entry rights in American Samoa: {1}Type A: Ships less than or equal to 40 feet (12,2 m) LOA. This number shall be decreased as the approvals for categories B-1, C-1 and D-1 are granted in accordance with the provisions of subparagraph (f)(5) of this Section.

Ships over 40 feet (12. 2 m) to 50 feet (15. 2 m) LOA. Allowable number of 14 approvals for ships over 40 feet (12. 2 m) to 50 feet (15. 2 m) LOA to be provided in accordance with the following table: Four authorisations in the first year after the Regional Administrator has granted all first authorisations of categories A, C, and C and C ( "first issue"); (ii) In the second year after first issue, all licences of the first four and four further licences that have not been granted, abandoned or withdrawn; (iv) In the forth year after first issue, all licences of the first 12 that have not been granted, abandoned or withdrawn and two further licences.

Ships over 50 feet (15. 2 m) to 70 feet (21. 3 m) LOA. Allowances for ships over 50 feet (15.2) to 70 feet (21.i) Two authorisations in the first year following first issue; (iii) In the third year following first issue, all authorisations not issued, surrendered or withdrawn for the first four and two more.

{\a6}( (6) Grade D: Allowable number of 6 approvals for ships over 21,3 metres (70 ft) LOA to be provided according to the following schedule: In the third year following the first grant, all licences not granted, surrendered or cancelled in the first four and two further licences.

d ) A ship covered by this section may only be recorded with a restricted permission to enter American Samoa longlines of a size not exceeding the LOA of the ship. Principal approval qualifications. Every U.S. individual or entity, partner or corporate shall be entitled to an initial restricted longliner licence in American Samoa if, on or before 21 March 2002, the individual, entity, partner or corporate possessed a ship used during the period of their possession to reap Celagic must in the West Pacific with longlining equipment in the American Samoa EEZ and that particular stock arrived in American Samoa:

Before 28 June 2002, provided that the individual or NMFS or the Council has provided a letter of intention to take part in the EEZ for American Samoa long-lin fishing before 22 March 2002. f ) Granting of first approval. 1. Any request for a first authorisation shall be lodged with Pioro no later than 120 calendar working day after the entry into force of this definitive scheme.

A regional administrator publishes a notification in the federal register, sends messages to people on the American Samoa Papagics mailinglist and uses other means to inform potential petitioners of the availabilty of permissions. Requests for first approval must be submitted in accordance with 665 and the filing fee must be made.

Where the claimant is a person other than the exclusive proprietor, the claim must be supplemented by an additional information leaflet containing the name and postal address of all the proprietors, members and directors. 2. Only Class A, B, C and G authorisations shall be made available for first-time use.

Approvals of classes B-1, C-1 and D-1 are issued in the following years. Within 30 workingdays from receipt of a duly filled out request, the Deputy Regional Administrator for Sustainable Fisheries, PIRO, shall decide whether the requestor is eligible for a first authorisation and shall inform the prospective requestor thereof in a signed character.

a ship of an equal size or smaller to which the qualified ship would have been part of must be entered in the approval within 120 working days of the date of the written notice and this must be maintained for at least 120 working days. In addition, the prospective claimant must provide an additional information leaflet with the name and postal adress of the ship's holder on whom the approval is recorded.

In the case of a ship in the ownership of a company other than a single proprietor, the name and postal address of all proprietors, affiliates and directors must be provided. Any objection to the rejection of an applicant's request for first authorisation shall be dealt with in accordance with § 665.

5. After all oppositions to first authorisations in each size category of ship have been completed, the limit on the number of authorisations in that category shall be the number of authorisations granted during the first issue procedure (including oppositions). There is no alteration to the number of authorisations except that the number of authorisations of category A will be limited if the authorisations of category A are substituted by the authorisations B-1, C-1 or D-1 referred to in subparagraph (h) of this section.

Thereafter, if a Category A, B, C or E approval has been granted, the Regional Administrator shall re-approve the approval in accordance with the procedure described in subparagraph (g) of this Section. Principal areas of application (g) Supplementary approval. If the number of licences granted in classes A, B, C or E is less than the limit of licences, the Regional Administrator shall post a notification in the Federal Register, transmit communications to individuals on American Samoa pelagics' mailinglist and use other means to inform potential applicant of all available licences in that group.

Every request for an approval must be filed with Pior at the latest 120 workingdays after publication of the announcement on the accessibility of further approvals in the Federal Register. Regional Administrators shall grant authorisations to individuals in accordance with the following order of priority:

In the EEZ for American Samoa, the first place of preference shall be the individual with the oldest recorded record of involvement in the long line fishing in the EEZ on an A category fishing boat. The next order of precedence shall be given to the individual with the first documented entry into the EEZ for American Samoa longlining on board a B, C or D grade ship in that order.

iii ) In the case of a parity in the order of precedence between two or more notifiers, the notifier whose second recorded involvement in the long line fishing in the EEZ around American Samoa is in first place shall be considered a foremost. Where there is still a relationship between two or more candidates, the Regional Administrator selects the winning candidate through an unbiased game.

Where the body of the applying body is different from the exclusive proprietor, the request shall be supplemented by an additional information leaflet containing the name and postal address of all the proprietors, affiliates and managers who own the ship for which the request for approval has been made.

Within 30 working days of receiving a duly filled out request, the Deputy Regional Administrator for Sustainable Fisheries shall decide whether the notifier is eligible for authorisation and inform the prospective notifier by means of a signed document. Applicants must have registered a ship of the appropriate size or smaller than the approval within 120 workingdays after the notification is made.

In addition, the prospective claimant must provide an additional information leaflet with the name and postal adress of the ship's holder on whom the approval is recorded. In the case of a ship in the ownership of a company other than a single proprietor, the name and postal adress of all proprietors, affiliates and directors must be provided.

In case the candidate does not record a ship within 120 workingdays following the date of the written notice, the Deputy Regional Administrator for Sustainable Fisheries shall send a written notice to the next candidate on the prioritisation lists or, if there are no more potential candidates on the prioritisation lists, the issuing procedure referred to in subparagraph (g)(1) of this Section shall be repeated.

Whoever does not record the approval of a ship in accordance with this subparagraph (g)(3) within 120 workingdays is not authorised to request an approval for a period of 6 month after the expiry of those 120 working days. Approval (4) An objection to the rejection of an approval request shall be dealt with in accordance with § 665.801(o).

Allowances of Classes B-1, C-1 and D-1. 1. Class B-1, C-1 and D-1 authorisations shall be granted for the time being only to those who have a Class A licence and who took part in the American Samoa long line fishing activities before 22 March 2002. 2. The Regional Administrator shall grant authorisations to Class B-1, C-1 and D-1 applicants on the basis of the earlier recorded attendance of each applicant, with the highest precedence being given to that applicant on the earlier date of the recorded attendance.

3. An authorisation-holder who has received a category B-1, C-1 or D-1 approval shall waive his category A approval, which shall then no longer be applicable. This reduces the number of Class A approvals accordingly. Within 30 workingdays after receiving a duly filled out request for Class B-1, C-1 and D-1 approval, the Regional Administrator shall decide whether the candidate is eligible for approval and inform the candidate in a signed document.

Applicants must successfully complete the registration of a ship of the appropriate ship size or smaller than the approval within 120 workingdays after the notification date. In addition, the prospective claimant must provide an additional information leaflet with the name and postal adress of the ship's holder on whom the approval is recorded.

In the case of a ship in the ownership of a company other than a single proprietor, the name and postal address of all proprietors, affiliates and directors must be provided. Any objection to the rejection of an applicant for a Class B-1, C-1 or D-1 approval shall be dealt with in accordance with § 665.801(o).

6. Where a Class B-1, C-1 or D-1 approval in accordance with subparagraph (j)(1) of this Section is abandoned, withdrawn or not renewed, the Regional Administrator shall make that approval available in accordance with the procedures described in subparagraph (g) of this Section. Jurisprudence of the delegation. An American Samoa Restricted Long Line Licence owner may assign the licence to another person, partner, corporate body or other corporate body as described in this section.

Requests for licences to be transferred must be made to the Regional Administrator within 30 workingdays of the transmission date. Where the claimant is a person other than the exclusive proprietor, the claim must be supplemented by an additional information leaflet containing the name and postal address of all the proprietors, members and directors.

Upon submission of the request, the approval shall not be effective for the new licensee until the Regional Administrator has granted the approval on behalf of the new licensee in accordance with § 665.13(c). An American Samoa Long Line Ltd. Approval of any size category except category A may be assigned only to the following individuals (by sales, gifts, bequests, inheritance, exchange or trade):

EEZ: (ii) Any individual with proven involvement in long line fishing in the EEZ around American Samoa. 2. Licences of category A. A American Samoa Long Line Ltd. Category A Service Authorization may only be assigned (by sales, gifts, bequests, inheritance, exchange or trade) to the following persons: In the EEZ around American Samoa before 22 March 2002, (i) A member of the licensee's immediate relatives; (iii) Any individual with proven involvement in the long line fishing activities on a Category A fishing boat in the EEZ before 22 March 2002.

Allowances of Classes B-1, C-1 and D-1. Licences of classes B-1, C-1 and D-1 may not be transfered to another proprietor for 3 years from the date of first issue, unless the licence proprietor passes away during these 3 years by inheritance or series. Approvals of classes B-1, C-1 and D-1 may only be carried over after the first three years in accordance with the limitations in subparagraph (i)(1) of this section.

j ) Renewing the approval and registering of ships. A restricted longlining licence for American Samoa shall not be renewable after three successive years ( "the year after the licence was granted in the name of the present licensee") in which the vessel or ships to which it is licensed arrived for less than one year:

ii ) For approval class C or D: a cumulative aggregate of 2,273 kg (5,000 lb) Celagic must collected in the EEZ around American Samoa with longlining equipment. k ) Concentration of title to licenses. Not more than 10 per cent of the aggregate number of authorisations of all size categories may be owned by the same licencee.

For the calculation of whether the 10 percent default has been achieved, broken interest is taken into account as full approval. The Council shall, within three years of the date of implementation of this definitive regulation, examine appropriate amendments to the programme for restricted access to American Samoa after having reviewed the programme's efficacy in relation to its biologic and socio-economic targets in relation to fishing gears conflicts, over-fishing, feasibility, enforcement, compliance and other questions.