Appeals and director's appeals

NAME

ADDRESS

ADDRESS 2

CITY, STATE ZIP CODE

PERMIT NUMBER: ########

MRI: #######

Dear Federal Lobster Permit Holder:

Your application to fish for lobster with traps in Lobster Conservation Management Area 2 (LCMA) and the Outer Cape LCMA for your F/V [Vessel Name], Federal permit number [######], has been received. Upon review of your application, it was determined that your vessel is ineligible to participate in the lobster trap fishery in LCMA [insert area or areas].

You may appeal this decision. There are three types of appeal that apply to the effort control program: (1) Administrative appeal; (2) military or medical hardship appeal, which only applies to the Area 2 effort control program qualification criteria; and (3) Director’s appeal. You may apply for a military or medical hardship appeal if you were incapable of fishing in Area 2 during the qualifying years of 2001 to 2003, if these reasons included either military obligations or medical problems. You may be eligible for a Director’s Appeal if you were qualified for entry to Area 2 and/or the Outer Cape Area by your state fisheries agency.

All appeals must include facts to support your claim of an incorrect decision based on supporting evidence. It is not sufficient to merely request an appeal. To appeal this decision, please submit an appeal, in writing, within 45 days of the date of this letter for an administrative or hardship appeal, or within 180 days of this letter for a Director’s Appeal. Appeals must be sent to the Regional Administrator at the address listed below.

Area 2 and/or Outer Cape Area Lobster Appeals

NMFS Permit Office

55 Great Republic Drive

Gloucester, MA, 01930

If you experience any difficulty in obtaining the necessary documentation during the appeal period, you may request a one-time 30-day extension of the appeal period. Any requests for a one-time 30-day extension must be made in writing to the Regional Administrator before the end of the initial appeal period. Any appeals submitted after the post-marked deadline will not be accepted.

Complete details on the grounds for appeal, appeals timing, documentation in support of an appeal, and other relevant appeals information is provided in the enclosed appeals summary.

If you have any lobster regulatory questions, please contact Maria Jacob via telephone at: (978) 281-9180 or via email at maria.jacob@noaa.gov. If you have questions about your application or your Federal lobster permit, please contact the Permit Office at (978) 282-8438.

Sincerely,

Hannah Goodale

Division Chief

Analysis and Program Support

Enclosure