(a) Applicability. An owner of a vessel of the United States that fishes in treaty waters is required to obtain an annual certificate issued by the Republic of Colombia and an annual vessel permit issued by the Regional Administrator.
(b) Application for certificate/permit.(1) An application for a permit must be submitted and signed by the vessel's owner. An application may be submitted at any time, but should be submitted to the Regional Administrator not less than 90 days in advance of its need. Applications for the ensuing calendar year should be submitted to the Regional Administrator by October 1.
(2) An applicant must provide the following:
(i) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate.
(ii) Vessel name and official number.
(iii) Name, address, telephone number, and other identifying information of the vessel owner or, if the owner is a corporation or partnership, of the responsible corporate officer or general partner.
(iv) Principal port of landing of fish taken from treaty waters.
(v) Type of fishing to be conducted in treaty waters.
(vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form.
(vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form.
(c) Issuance.(1) The Regional Administrator will request a certificate from the Republic of Colombia if:
(i) The application is complete.
(ii) The applicant has complied with all applicable reporting requirements of § 300.124 during the year immediately preceding the application.
(2) Upon receipt of an incomplete application, or an application from a person who has not complied with all applicable reporting requirements of § 300.124 during the year immediately preceding the application, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Administrator's notification, the application will be considered abandoned.
(3) The Regional Administrator will issue a permit as soon as the certificate is received from the Republic of Colombia.
(d) Duration. A certificate and permit are valid for the calendar year for which they are issued, unless the permit is revoked, suspended, or modified under subpart D of 15 CFR part 904.
(e) Transfer. A certificate and permit issued under this section are not transferable or assignable. They are valid only for the fishing vessel and owner for which they are issued.
(f) Display. A certificate and permit issued under this section must be carried aboard the fishing vessel while it is in treaty waters. The operator of a fishing vessel must present the certificate and permit for inspection upon request of an authorized officer or an enforcement officer of the Republic of Colombia.
(g) Sanctions and denials. Procedures governing enforcement-related permit sanctions and denials are found at subpart D of 15 CFR part 904.
(h) Alteration. A certificate or permit that is altered, erased, or mutilated is invalid.
(i) Replacement. A replacement certificate or permit may be issued upon request. Such request must clearly state the reason for a replacement certificate or permit.
(j) Change in application information. The owner of a vessel with a permit must notify the Regional Administrator within 30 days after any change in the application information required by paragraph (b)(2) of this section. The permit is void if any change in the information is not reported within 30 days.
Title 50 published on 2012-10-01
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