Non-pre-qualified respondents - submit documentation (Alternative 2, higher burden)

NAME

ADDRESS

ADDRESS 2

CITY, STATE ZIP CODE

PERMIT NUMBER: ########

MRI: #######

Dear Area 1 Lobster Permit Holder:

We received your application for Area 1 lobster fishery eligibility and have determined that your vessel’s permit does not qualify. As a result, your permit will no longer allow you to fish for lobster with traps in the federal water of Area 1 as of May 1, 2013.

You may appeal this decision. The grounds for an administrative appeal are set forth in the Federal lobster regulations at 50 CFR 697.4(vi)(D). The sole grounds for such an appeal are as follows:

The sole grounds for administrative appeal shall be that NMFS erred clerically in concluding that the vessel did not meet the criteria in paragraph (a)(7)(vi) of this section. Errors arising from oversight or omission such as ministerial, mathematical, or typographical mistakes will form the basis of such an appeal. Alleged errors in substance or judgment do not form a sufficient basis of appeal under this paragraph. The appeal must set forth the basis for the applicant's belief that the Regional Administrator's decision was made in error. If the appealing applicant does not clearly and convincingly prove that an error occurred, the appeal must be denied.

To appeal this decision, please submit an appeal, in writing, within 45 days of the date of this letter to the Regional Administrator at the address listed below.

Daniel S. Morris

Acting Northeast Regional Administrator

NMFS, NERO

55 Great Republic Drive

Gloucester, MA, 01930

You may request an extension of an additional 30 days if you request it within the initial 45 day period. You may continue to fish up to 800 lobster traps with this vessel in the Federal waters or Area 1 while your appeal is under review. If you have any questions, please contact Peter Burns at phone number: (978) 281-9144 or via email at peter.burns@noaa.gov.

Sincerely,

Daniel S. Morris

Acting Regional Administrator

OMB Control No. 0648-XXXX0642

Expiration Date: xx/xx/xxxx

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