Coastal Pelagic Species Limited Entry Permit
A valid West Coast Coastal Pelagic Species (CPS) limited entry permit is required for anyone using purse seine gear for fishing or landing CPS finfish in the limited entry fishery in the Limited Entry Zone.
Fishery Type: Limited access
Harvest Type: Commercial
Species Covered: Coastal Pelagic Species
Online Renewal: Yes
Logbook Requirements: No
Expiration Date: December 31, every odd year
Fishing Area: CPS Limited Entry Zone (50 CFR 660.503)
The owner of a vessel with more than 5 mt of CPS finfish on board in the CPS Limited Entry Zone, other than live bait, must have a limited entry permit registered for use with that vessel.
Only a person eligible to own a documented vessel under the terms of 46 U.S.C. 12102(a) qualifies to be issued or may hold, by ownership or otherwise, a limited entry permit.
A permit may be transferred to a vessel without a permit if the vessel without a permit has a comparable capacity to the capacity on the permit or is less than comparable capacity on the permit.
When a permit is transferred to a vessel without a permit that has less gross tonnage than that of the permitted vessel, the excess gross tonnage may not be separated from the permit and applied to a second vessel.
A permit may be transferred to a vessel without a permit that is of greater than comparable capacity only if two or more permits are transferred to the vessel without a permit to equal the gross tonnage of the vessel. The number of permits required will be determined by adding together the comparable capacity of all permits being transferred. Any gross tonnage in excess of that needed for a vessel remains with the permit.
Limiting the Fishing Power of the Vessel with Gross Tonnage
There are several ways to limit the harvesting power of a fishing fleet. A figure could be arrived at by measuring the dimensions of the hold of each vessel or use other attributes of the vessel such as length and horsepower. Usually, a combination of various attributes is used and monitoring a fleet has had complications. Gross tonnage as used by the U.S. Coast Guard does, in general, serve as a reasonable proxy for harvesting capacity, although it may be more applicable to some vessels than others. Amendment 10 provides an explanation for this. Gross tonnage is easy to understand, easy to track, and the Coast Guard documentation records provide an official record for the length, width, and depth of U.S. vessels that is available to everyone. Gross tonnage (GT) of a vessel with ship-shaped hull is calculated by the formula: GT = 0.67(length*breadth*depth)/100.
Appealing the Gross Tonnage Assigned to the Vessel
The figures for length, width, and depth of your vessel were obtained from Coast Guard documentation records. If you disagree with the figure used for your vessel's gross tons, you should write to the West Coast Assistant Regional Administrator for Sustainable Fisheries (SFD) stating the reasons for your disagreement and include a copy of your current Coast Guard Documentation Certificate (CG1270).
Alterations to the Vessel for Safety Purposes or New Equipment Installation
Alterations of the length, width, or depth will change the gross tonnage of the vessel. The new gross tonnage of your vessel with changes cannot be greater than the gross tonnage on your permit plus 10 percent.
Selling the Vessel, the Permit, or Both
Permits can be transferred to another vessel owned by someone else or to another vessel owned by yourself. However, only one transfer per calendar year is allowed. An application for transfer must be submitted to the SFD. No transfer is complete until approved by the SFD. There is no cost for transferring a permit.
You can sell a vessel with the permits. You may also sell a vessel without the permits. If you sell the vessel without the permits, the vessel can no longer participate in the coastal pelagic species limited entry fishery unless a permit is obtained for the vessel. All permits are numbered and are endorsed with a specific gross tonnage. Assume that your vessel was 130 gross tons and that you held two permits in order to qualify your vessel for the limited entry fishery, one permit endorsed with 70 tons and one permit endorsed with 80 tons. The two permits totaling 150 tons was needed to operate your 130-ton vessel because at least one of the permits was all that was available on the market. You can now sell the permits separately and they retain their official endorsements of 70 and 80 tons.
Transferring a Permit to a Vessel of a Different Size
You may transfer your permit to a vessel with an official gross tonnage that is 10 percent greater than the gross tonnage on the permit for your vessel. For example, assume that the gross tonnage on the permit for your vessel is 75.5 tons. You may transfer your permit to a vessel that has a gross tonnage of 83.1 tons (75.5 x .10) = 7.55 + 75.5 = 83.05. Gross tonnage is rounded off to the nearest one-tenth of a ton; therefore, you may transfer your permit to a vessel that has a gross tonnage of 83.1 tons.
Each vessel must have a permit that equals the gross tonnage of the vessel. Therefore, if you own a new vessel of 83.2 tons, you must purchase a permit that will provide that additional one-tenth of a ton. If another individual owns the vessel, he or she must purchase a permit to make up the missing one-tenth of a ton. Both permits would remain on the new vessel, each with its official gross tonnage. In most cases, however, the differences in gross tonnage are not likely to be this close.
Perhaps you hold a limited entry permit endorsed for 80 gross tons and you want to transfer the permit to a vessel that is 140 gross tons. To operate in the limited entry fishery, the 140 gross ton vessel must have permits that total 140 gross tons. You have a permit that is endorsed for 80 gross tons; however, during a transfer, the 80 gross ton permit will provide 10 percent more gross tons toward the transfer (80 x .10) = 8.0 + 80 = 88.0 gross tons.
What you now need is a permit that will provide at least 52 gross tons toward the proposed transfer. Because of the 10 percent allowance, the permit you obtain need only be endorsed for 47.3 gross tons. Here is a summary: (80 x .10) = 8.0 + 80 = 88.0 (47.3 .10) = 4.73 + 47.3 = 52.03 88.0 + 52.0 = 140.0. You can find the missing tonnage by dividing your desired answer by 1.10. For instance, you needed a permit endorsed for 52 gross tons, and 52.0/1.10 = 47.27, which equals 47.3. The 10 percent allowance adds some complication to the process, but it is to your advantage. Once you have arranged for obtaining the required permit or permits, you must submit an application to the SFD for the new vessel.