34606 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

235.7002 Applicability.

(a) Except as provided in paragraph

(b) of this section, consider using the

procedures in this subpart for

acquisitions that—

(1) Will result in the award of a costreimbursement contract; and

(2) Meet the criteria for research and

development as defined in 235.001 and

FAR 35.001.

(b) Do not use the procedures in this

subpart for—

(1) Contracts to be performed outside

the United States and Puerto Rico;

(2) Contracts denominated in other

than U.S. dollars;

(3) Acquisitions using simplified

acquisition procedures;

(4) Acquisition of engineering and

manufacturing development,

management support, or operational

system development, as defined in

235.001; or

(5) Acquisition of laboratory supplies

and equipment, base support services,

or other services identified in

paragraphs (a) through (h) of the

definition of ‘‘service contract’’ at FAR

37.101.

(c) Regardless of whether the RDSS is

used, the RDSC may be used for any

acquisition that meets the criteria in

paragraph (a) of this section.

235.7003 Research and development

streamlined solicitation and contract.

235.7003–1 General.

The procedures and standard format

are published at the RDSS/C website.

The RDSS/C Managing Committee is

responsible for updating the website.

235.7003–2 RDSS process.

(a) Synopisis. The Commerce

Business Daily synopsis required by

FAR 5.203 shall include—

(1) The information required by FAR

5.207; and

(2) Statements that—

(i) A paper solicitation will not be

issued; and

(ii) The solicitation will be published

at the RDSS/C website.

(b) Solicitation. (1) The solicitation—

(i) Shall be published in its entirety at

the RDSS/C website;

(ii) Shall include the applicable

version number of the RDSS standard

format; and

(iii) Shall incorporate by reference the

appropriate terms and conditions of the

RDSS standard format.

(2) To encourage preparation of better

cost proposals, consider allowing a

delay between the due dates for

technical and cost proposals.

(c) Amendments. Amendments shall

be published at the RDSS/C website.

235.7003–3 Proposal evaluation and

contract award.

(a) Evaluate proposals in accordance

with the evaluation factors set forth in

the RDSS.

(b) RDSC. (1) The RDSC shall

include—

(i) Standard Form (SF) 33,

Solicitation, Offer and Award, or SF 26,

Award/Contract; and

(ii) Sections B through J of the RDSS

or other solicitation, with applicable

fill-in information inserted.

(2) When an RDSC is awarded to an

educational or nonprofit institution—

(i) Remove provisions and clauses

that do not apply to educational or

nonprofit institutions; and

(ii) As necessary, insert appropriate

replacement provisions and clauses.

235.7003–4 Additional provisions and

clauses.

Use of FAR and DFRAS provisions

and clauses, and nonstandard

provisions and clauses approved for

agency use, that are not in the RDSS/C

standard format, shall be approved in

accordance with agency procedures.

[FR Doc. 98–16935 Filed 6–24–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 971208294–8154–02; I.D.

103097B]

RIN 0648–AJ20

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Restrictions on

Frequency of Limited Entry Permit

Transfers; Sorting Catch by Species;

Retention of Fish Tickets

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement management measures that

restrict the frequency of limited entry

permit transfers to once every 12

months, with transfers taking effect on

the first day of a cumulative landings

limit period. This rule also requires the

sorting of all groundfish species with

trip limits, size limits, quotas, or harvest

guidelines at the point of landing, and

the retention of landings receipts on

board the vessel that has made those

landings. This rule is intended to

constrain the introduction of new

fishing effort into the Pacific Coast

groundfish fisheries, and to improve the

enforceability of Federal and state

fisheries regulations.

DATES: Effective July 27, 1998.

ADDRESSES: Copies of the

Environmental Assessments/Regulatory

Impact Reviews (EA/RIRs) for these

issues are available from Lawrence D.

Six, Executive Director, Pacific Fishery

Management Council, 2130 SW Fifth

Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier at 206–526–6140,

Svein Fougner at 562–980–4000, or the

Pacific Fishery Management Council at

503–326–6352.

SUPPLEMENTARY INFORMATION: This rule

implements three separate regulatory

changes: (1) Restricting the frequency of

limited entry permit transfers to once

every 12 months, with transfers taking

effect only on the first day of a

cumulative landings limit period; (2)

providing Federal regulatory support for

existing state requirements that require

the sorting of all groundfish species

with trip limits, size limits, quotas, or

harvest guidelines; and (3) providing

consistent regulatory requirements on

the retention of landings receipts

throughout the management area. These

regulatory changes were recommended

by the Council at its June 1995 and

October 1996 meetings. The notice of

proposed rulemaking for this action (62

FR 67610, December 29, 1997) fully

described the background and rationale

for the Council’s recommendations.

NMFS requested public comments on

this action through February 12, 1998.

NMFS received one comment during the

comment period, which is addressed

later in the preamble to this final rule.

Restrictions on Permit Transfer

Frequency

This rule implements Council

recommendations to constrain

groundfish fleet effort expansion by

restricting the frequency of limited entry

permit transfers to once every 12

months, with transfers taking effect only

on the first day of a major cumulative

limit period. The major cumulative limit

periods are the cumulative limit periods

that govern all gears in the groundfish

fishery. These are generally 1– or 2–

month periods. The major cumulative

limit periods will be announced each
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34607

year in the Federal Register with the

annual specifications and management

measures, or with routine management

measures when the cumulative limit

periods are changed. Cumulative limit

periods that govern just a portion of the

groundfish fisheries, such as the fixed

gear regular sablefish season, are not

considered ‘‘major’’ cumulative limit

periods. For permit holders

participating in the ‘‘B’’ delivery

platoon, transfer effectiveness dates will

align with ‘‘B’’ platoon cumulative limit

period dates, and the new holder of the

‘‘B’’ platoon permit will be required to

participate in ‘‘B’’ platoon deliveries for

the remainder of the calendar year.

This action is expected to constrain

effort expansion in two ways: (1) It

should prevent two or more vessels

from sharing a limited entry permit

during a single cumulative limit period

and thereby landing more than one limit

on that permit, and (2) it should

discourage increased fishing effort in

the fishery by preventing limited entry

permit holders from temporarily

transferring their permits during times

when the vessel is undergoing repairs,

operating in other fisheries, or otherwise

idle.

If a permit holder suffers one of two

specified hardships, NMFS may allow

transfer of a permit within 12 months of

a prior transfer. Hardship exemptions

for this issue are either death of the

permit holder or total loss of the

permitted vessel. An application for a

hardship transfer must include

documents demonstrating that the

transfer meets the exceptions of death of

the permit holder or loss of the vessel.

Hardship exemptions may not be used

to waive the requirement that transfers

take effect only on the first day of a

cumulative limit period.

Total loss of vessel is defined in the

Pacific Coast groundfish regulations at

§ 660.302, ‘‘Totally lost means the vessel

being replaced no longer exists in

specie, or is absolutely and irretrievably

sunk or otherwise beyond the possible

control of the owner, or the costs of

repair (including recovery) would

exceed the repaired value of the vessel.’’

Death of a permit holder would be

documented by a copy of the death

certificate of the permit holder. If the

permit is owned by a partnership or a

corporation, a transfer within 12 months

of the last transfer will be allowed if a

person or persons owning 50 percent or

more of the ownership interest in the

partnership or corporation have died.

If a request for transfer is denied, the

Sustainable Fisheries Division (SFD),

NMFS Northwest Region, will explain

in writing why the transfer request has

been denied. Further, if the transfer is

denied, the permit holder may appeal

that decision within 30 days to the

Regional Administrator, explaining the

basis for the appeal. The Regional

Administrator will decide upon the

appeal within 45 days in a final agency

action.

Sorting of Groundfish Catch by Species

This measure requires the sorting of

all species managed by trip limits, size

limits, quotas, or harvest guidelines.

This requirement will facilitate

enforcement because agents will not

have to examine unsorted catches.

Compliance should also be enhanced if

fishers sort at sea because fishers will be

more aware of the harvest amount of

individual species.

Retaining Fish Tickets on Board the

Vessel

This action requires that all West

Coast groundfish fishers retain landings

receipts on board their vessels

throughout the cumulative trip limit

period of the landings and for 15 days

thereafter. This rule also clarifies that

the fish tickets must be provided to an

authorized officer upon request. This is

a minor regulatory change that is

expected to eliminate confusion among

fishers as to which state’s landings

receipts should be kept on board for

what length of time.

Changes from the Proposed Rule

NMFS has made one change from the

proposed rule, which is explained

under ‘‘Comment of Clarification.’’

Comments and Responses

NMFS received one comment on the

proposed rule during the 45-day

comment period. NMFS also received

comments on the proposal to restrict the

frequency of limited entry permit

transfers outside the comment period

and subsequent to the Council’s

recommendation on this issue. Because

those comments spoke directly to the

intent of this rule, they will be

summarized and addressed in this

section.

Comment of Clarification

If a permit owner leases out his

permit for a period of time, and then

receives the permit back from the lessee

without immediately registering the

permit for use with a specific vessel, the

vessel registration for that permit is

listed as ‘‘Unidentified’’ until the permit

owner specifies the vessel that will be

registered with his or her permit. The

proposed changes to the regulations at

§ 660.333(f)(2) read in part, ‘‘Limited

entry permits may not be transferred to

a different holder or registered for use

with a different vessel more than once

every 12 months, except in cases of

death of the permit holder or if the

permit is totally lost.’’ How would this

provision apply to cases where a permit

is transferred off one vessel and from

one permit holder to another permit

holder and yet not registered for use

with a new vessel?

Response: NMFS has clarified the

regulatory language § 660.333(f)(2) to

address this comment as follows:

‘‘When a permit transferred from one

holder to another holder is initially

registered as ’unidentified’ with regard

to vessel association, or when a permit’s

vessel registration is otherwise

—unidentified’, the transaction is not

considered a —transfer’ for purposes of

this restriction until the permit is

registered for use with a specific

vessel.’’ Because a permit may not be

used unless it is registered for use with

a particular vessel, NMFS does not

expect that this change will alter the

effectiveness of the rule in restricting

the frequency of limited entry permit

transfers. The result of this clarification

is that a permit may be transferred to a

different owner within 12 months, but

it may not be registered for use with a

vessel until the end of the 12–month

period. In addition, a permit owner may

remove a permit from a vessel within

the 12-month period, but may not

register it for use with another vessel

until the end of the 12-month period.

Comments Opposing the Rule

As stated in the proposed rule, some

members of the at-sea component of the

whiting fishery oppose this action,

because their participation in Pacific

coast groundfish fisheries is limited to

the whiting fishery and depends upon

their ability to have short-term use of

limited entry permits. Some permit

owners wish to retain the flexibility to

transfer their permits between vessels

appropriate for the whiting fishery and

vessels appropriate for the cumulative

limit groundfish complex fishery

occurring outside the whiting fishery.

At and subsequent to the October 1996

Council meeting where these changes

were first proposed, interested members

of the public suggested that transfers

made for the purpose of operating in the

whiting fishery should not be subject to

the restrictions described above.

Response: When making its

recommendation on this issue, the

Council determined that the benefits to

the groundfish fishery that could be

gained from restricting the entrance of

new effort into the fishery as a whole
34608 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

outweighed the concerns of the at-sea

whiting sector. NMFS concurs with the

Council’s determination. When the

limited entry program was implemented

in 1994, NMFS and the Council

expected that requirements associated

with permit ownership would change

over time. Permits were viewed as

allowing a permit holder to operate the

permitted vessel in the Pacific coast

groundfish fishery, in conformance with

the Pacific Coast Groundfish Fishery

Management Plan (FMP), and to use the

gear(s) for which the permit is endorsed.

The Council and NMFS specifically

retained the right to revise the FMP in

the future, and to change or abolish the

requirements associated with limited

entry permits. NMFS finds that the

restriction on permit transfers to once

every 12 months is acceptable within

the scope and intentions of the FMP and

the Magnuson-Stevens Fishery

Conservation and Management Act.

Classification

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities. No comments

were received regarding this

certification. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: June 18, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Services.

For the reasons set forth in the

preamble, 50 CFR part 660 is amended

as follows:

PART 660 —FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 660.302, the definition of

‘‘Fisheries Management Division’’ is

removed and a definition of

‘‘Sustainable Fisheries Division’’ is

added to read as follows:

§ 660.302 Definitions.

* * * * *

Sustainable Fisheries Division (SFD)

means the Chief, Fisheries Management

Division, Northwest Regional Office,

NMFS, or a designee.

3. In § 660.303, paragraph (c) is added

to read as follows:

§ 660.303 Reporting and recordkeeping

* * * * *

(c) Any person landing groundfish

must retain on board the vessel from

which groundfish is landed, and

provide to an authorized officer upon

request, copies of any and all reports of

groundfish landings containing all data,

and in the exact manner, required by the

applicable state law throughout the

cumulative limit period during which a

landing occurred and for 15 days

thereafter.

4. In § 660.306, paragraph (h) is

revised and paragraph (x) is added to

read as follows:

§ 660.306 Prohibitions.

* * * * *

(h) Fail to sort, prior to the first

weighing after offloading, those

groundfish species or species groups for

which there is a trip limit, size limit,

quota, or harvest guideline, if the vessel

fished or landed in an area during a

time when such trip limit, size limit,

harvest guideline or quota applied.

* * * * *

(x) Fail to retain on board a vessel

from which groundfish is landed, and

provide to an authorized officer upon

request, copies of any and all reports of

groundfish landings, or receipts

containing all data, and made in the

exact manner required by the applicable

state law throughout the cumulative

limit period during which such landings

occurred and for 15 days thereafter.

5. In § 660.333, paragraphs (c)(1) and

(c)(2) are revised; paragraphs (c)(3) and

(c)(4) are redesignated as (c)(4) and

(c)(5) respectively and a new (c)(3) is

added; paragraph (d) introductory text is

revised; paragraphs (f)(2) and (f)(3) are

redesignated as (f)(3) and (f)(4)

respectively and a new (f)(2) is added to

read as follows:

§ 660.333 Limited entry fishery - general.

* * * * *

(c) * * *

(1) Upon transfer of a limited entry

permit, the SFD will reissue the permit

in the name of the new permit holder,

with such gear endorsements, and, if

applicable, species endorsements as are

eligible for transfer with the permit.

Permit transfers will take effect on the

first day of the next major limited entry

cumulative limit period following the

date of the transfer. Transfers of permits

designated as participating in the ‘‘B’’

platoon will become effective on the

first day of the next ‘‘B’’ platoon major

limited entry cumulative limit period

following the date of the transfer. No

transfer is effective until the limited

entry permit has been reissued as

registered with the new vessel and the

permit is in the possession of the new

permit holder.

(2) A limited entry permit may not be

used with a vessel unless it is registered

for use with that vessel. Limited entry

permits will normally be registered for

use with a particular vessel at the time

the permit is issued, renewed,

transferred, or replaced. A permit not

registered for use with a particular

vessel may not be used. If the permit

will be used with a vessel other than the

one registered on the permit, a

registration for use with the new vessel

must be obtained from the SFD and

placed on board the vessel before it is

used under the permit. Registration of a

permit to be used with a new vessel will

take effect on the first day of the next

major limited entry cumulative limit

period following the date of the transfer.

(3) The major limited entry

cumulative limit periods will be

announced in the Federal Register each

year with the annual specifications and

management measures, or with routine

management measures when the

cumulative limit periods are changed.

* * * * *

(d) Evidence and burden of proof. A

vessel owner (or person holding limited

entry rights under the express terms of

a written contract) applying for

issuance, renewal, replacement,

transfer, or registration of a limited

entry permit has the burden to submit

evidence to prove that qualification

requirements are met. A permit holder

applying to register a limited entry

permit has the burden to submit

evidence to prove that registration

requirements are met. The following

evidentiary standards apply:

* * * * *

(f) * * *

(2) Limited entry permits may not be

transferred to a different holder or

registered for use with a different vessel

more than once every 12 months, except

in cases of death of the permit holder or

if the permitted vessel is totally lost, as

defined at § 660.302. The exception for

death of a permit holder applies for a

permit held by a partnership or a
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34609

corporation if the person or persons

holding at least 50 percent of the

ownership interest in the entity dies.

When a permit transferred from one

holder to another holder is initially

‘‘unidentified’’ with regard to vessel

registration, or when a permit’s vessel

registration is otherwise ‘‘unidentified’’,

the transaction is not considered a

‘‘transfer’’ for purposes of this

restriction until the permit is registered

for use with a specific vessel.

* * * * *

[FR Doc. 98–16789 Filed 6–24–98; 8:45 am]

BILLING CODE 3510–22–F