127 



In addition, the following language should be added to the end of this 

 Section : 



The Director shall conduct a public hearing within three months prior to or 

 subsequent to the expiration of such initial general permits at which he shall 

 present information described in Section 10S(d)(l)-(J t ) of the Act with refer- 

 ence to the regulations and permits in effect and the research and development 

 program. 



General permits would be valid for approximately two years after issuance 

 under the proposed modification. Two seasons of commercial fishing operations 

 could be reviewed and appropriate modifications made at the end of this 

 period. Imposition of a limitation upon initial validity of general permits 

 serves to focus and coordinate review and appropriate modifications to which 

 the agency is committed (Statements of Mr. Blum, TR 33, 34, 37) and avoids 

 unstructured and awkward proceedings and disputes. General permits would 

 be valid for one year after the initial period of two years. A public hearing 

 at the expiration of initial general permits would afford the agencies, permit 

 and certificate holders, prospective applicants and the interested public, the 

 opportunity to review the status of the program to reduce incidental taking 

 with reference to the considerations expressed in Section 103(d) and the 

 goals of the Act. 



4. Section 216.24(b)(4) should be modified to read: 



(4) Upon proper application for inclusion under the general permit, certifi- 

 cates of inclusion shall be issued to masters or other persons in charge of vessels 

 engaged in commercial fisheries, or if no vessels are involved, to those vthv partici - 

 pate m who are in charge of the conduct of commercial fishing operations. Such 

 certificates are not subject to public hearings prior to issuance. Such certificates 

 shall not be transferable but will be valid on any vessel or boat, or in the course of 

 any commercial fishing operation for which the individual named in the pe-mu-fe 

 certificate is the master or person in charge. 



The recommended modification makes this section consistent with other 

 sections which make it clear that only persons in charge of fishing operations 

 need obtain certificates and that crew members and others who merely par- 

 ticipate in fishing operations under the control of another person need not 

 obtain certificates. Additional language is proposed so that the section is 

 consistent throughout in its application to fishing operations with and with- 

 out vessels. Since only one "permit" is issued, substitution of the word '"cer- 

 tificate" appears to be appropriate to accomplish general applicability. 



5. Section 216.24(b)(6) should be modified to read: 



(6) Crew members, as distinguished from masters or persons in charge, of- vesse ls 

 are not required to possess permits or certificates. 



The recommended modification simply clarifies the meaning of the section. 



6. Section 216.24(c)(1) should be modified to read: 



(1) Applications for a general permit will be accepted on the effective date of 

 these regulations. After issuance of a general permit, applications for inclusion 

 under such general permit will be accepted at any time. All persons included under 

 a general permit will receive a certificate evidencing such inclusion and setting 

 forth the period of time during which they may conduct fishing operations under 

 the general permit, fei44»} certificates s hall fee valid throu gh December 34r 1075. 

 Thereafter, certificate s wiH e xpir e ©ft Be ocmbcr 34- of- the yea* issued. Certificates 

 of inclusion shall be valid during the period for which the general permit, under which 

 they are included, is valid. Certificates are subject to review, modifications, suspension 

 or revocation so as to conform with the terms and conditions of such general permits 

 and these regulations. 



The recommended modification causes certificates of inclusion to be de- 

 pendent for their duration, validity, and terms, upon thee duration, validity, 



