Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40375

(c) The DCAA auditor shall use

relevant findings and recommendations

of previously performed CIPRs in

determining the scope of any audits of

insurance and pension costs.

(d) When a Government organization

believes that a review of the contractor’s

insurance/pension program should be

performed, that organization should

provide a recommendation for a review

to the ACO. If the ACO concurs, the

review should be performed as part of

an ACO-initiated special CIPR or as part

of a CIPR already scheduled for the near

future.

242.7303 Responsibilities.

(a) The ACO is responsible for—

(1) Determining the need for a CIPR

under 242.7302;

(2) Requesting and scheduling the

reviews with the appropriate DLA

activity;

(3) Notifying the contractor of the

proposed date and purpose of the

review, and obtaining any preliminary

data needed by the DLA insurance/

pension specialist or the DCAA auditor;

(4) Reviewing the CIPR report,

advising the contractor of the

recommendations contained therein,

considering contractor comments, and

rendering a decision on those

recommendations;

(5) providing other interested

contracting officers copies of documents

related to the CIPR;

(6) Ensuring adequate follow-up on all

CIPR recommendations; and

(7) Performing contract administration

responsibilities related to Cost

Accounting Standards administration as

described in FAR Subparts 30.2 and

30.6.

(b) The DLA insurance/pension

specialist is responsible for—

(1) Preparing and maintaining the

schedule of CIPRs to be performed

during the next 12 months and

providing the military departments and

DCAA a copy of the schedule;

(2) Issuing a technical report on the

contractor’s insurance/pension plans for

incorporation into the final CIPR report

based on an analysis of the contractor’s

pension program, insurance program,

and other related data;

(3) Leading the team that conducts the

review. Another individual may serve as

the team leader when both the

insurance/pension specialist and the

individual agree. The team leader is

responsible for—

(i) Maintaining complete

documentation for CIPR reports;

(ii) To the extent possible, resolving

discrepancies between audit reports and

CIPR draft reports prior to releasing the

final CIPR report;

(iii) Preparing and distributing the

final CIPR report;

(iv) Providing the final audit report

and/or the insurance/pension

specialist’s report as an attachment to

the CIPR report; and

(v) Preparing a draft letter for the

administrative contracting officer’s use

in notifying the contractor of CIPR

results; and

(4) When requested, advising

administrative contracting officers and

other Government representatives

concerning contractor insurance/

pension matters.

(c) The DCAA auditor is responsible

for—

(1) Participating as a member of the

CIPR team or serving as the team leader

(see paragraph (b)(3) of this section);

(2) Issuing an audit report for

incorporation into the final CIPR report

based on an analysis of the contractor’s

books, accounting records, and other

related data; and

(3) Performing contract audit

responsibilities related to Cost

Accounting Standards administration as

described in FAR Subparts 30.2 and

30.6.

[FR Doc. 98–20187 Filed 7–28–98; 8:45am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 980717183–8183–01; I.D.

070298D]

RIN 0648–AK35

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Little Tunny Exempted Gillnet

Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; request for

comments.

SUMMARY: NMFS issues this final rule to

modify the regulations implementing

the Northeast Multispecies Fishery

Management Plan (FMP). This rule

establishes a seasonal exempted gillnet

fishery for little tunny (Euthynnus

alleteratus) in a portion of the Southern

New England (SNE) Regulated Mesh

Area. In addition, in accordance with

NMFS regulations related to issuance of

exempted fishing permits (EFPs), NMFS

requests comments on the issuance of

EFPs to retain Atlantic bonito as an

allowable incidental species in the little

tunny fishery. The intent of this action

is to provide an additional fishing

opportunity consistent with the

conservation objectives of the FMP.

DATES: Effective July 24, 1998.

Comments must be received on or

before August 10, 1998.

ADDRESSES: Copies of the

Environmental Assessment supporting

the little tunny exemption may be

obtained from Jon Rittgers, Acting

Regional Administrator, Northeast

Region, NMFS, One Blackburn Drive,

Gloucester, MA 01930.

Comments regarding the burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to the Acting Regional

Administrator and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

Requests for exempted fishing permits

for retention of bonito as an allowable

incidental species should be sent to the

Highly Migratory Species (HMS)

Division, Office of Sustainable

Fisheries, One Blackburn Drive,

Gloucester, MA 01930, telephone (978)

281–9260.

Requests for letters of authorization to

fish for little tunny should be sent to the

Sustainable Fisheries Division, One

Blackburn Drive, Gloucester, MA 01930,

telephone (978) 281–9370.

Requests for reporting forms for

marine mammal interactions and

registration forms for Authorization

Certificates should be sent to the Acting

Regional Administrator, ATTN: Sandra

Arvilla, telephone (978) 281–9264.

FOR FURTHER INFORMATION CONTACT:

Bonnie L. VanPelt, Fishery Management

Specialist, 978–281–9244.

SUPPLEMENTARY INFORMATION: The

procedure for adding, modifying, or

deleting exempted fisheries is found in

§ 648.80. Additions, deletions or

modifications to the list of exempted

fisheries may be made by the

Administrator, Northeast Region, NMFS

(Regional Administrator) after

consultation with the New England

Fishery Management Council (Council),

if the Regional Administrator

determines, based on available data or

information, that the percentage of

regulated species caught as bycatch is,

or can be reduced to, less than 5 percent

by weight of the total catch and that

such exemption will not jeopardize the

stock rebuilding objectives of the FMP.

The Regional Administrator may impose

specific gear, area, seasonal, or other
40376 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations

limitations appropriate to reduce

bycatch of regulated species.

In response to a request from an

individual fisher, the Regional

Administrator, after reviewing the

analysis and all available data, has

determined that an exempted gillnet

fishery for little tunny meets the

exemption requirements for the period

September 1 through October 31, in the

area defined by a line running from the

Rhode Island shoreline at 41°18.2’ N.

lat. and 71°51.5’ W. long. (Watch Hill,

RI) southwesterly through Fishers

Island, NY; to Race Point, Fishers

Island, NY; and from Race Point, Fishers

Island, NY, southeasterly to 41°06.5’ N.

lat. and 71°50.2’ W. long.; east northeast

through Block Island, RI, to 41°15’ N.

lat. and 71°07’ W. long.; then due north

to the intersection of the RI-MA

shoreline.

Based on this analysis, this rule

allows an exempted gillnet fishery for

little tunny from the period September

1 through October 31, in the requested

portion of the SNE Regulated Mesh Area

described above. Vessels fishing under

this exemption program are required to

obtain and have on board a little tunny

letter of authorization issued by the

Regional Administrator and are subject

to a minimum mesh requirement size of

5.5 inches (13.97 cm) throughout the

net. Such vessels may retain little tunny

and the allowable incidental species

authorized for the SNE Regulated Mesh

Area specified at § 648.80(b)(3). Vessels

fishing in this exemption may not

possess regulated species and are

subject to appropriate net stowage

requirements, if nets of mesh size less

than 5.5 inches (13.97 cm) are on board.

In addition, a limited number of

vessels may retain Atlantic bonito

(Sarda sarda) as an allowable incidental

species, provided they obtain an

exempted fishing permit (EFP) from the

HMS Division (see ADDRESSES),

telephone (978) 281–9260. The EFP

exempts the vessel from the regulations

governing authorized fishing gear and

retention of bonito as an allowable

incidental species under 50 CFR 285.51.

An EFP is required because the gillnet

gear proposed for the fishery is not an

authorized fishing gear when fishing for,

catching, retaining, or possessing HMS

species subject to regulations which

include, but are not limited to, Atlantic

bonito. This permit is issued pursuant

to the provisions of §§ 285.7 and

600.745 in order to collect data on the

nature and extent of the fishery.

Although participation in the bonito

allowable incidental fishery is expected

to be small, the Director, Office of

Sustainable Fisheries, may set a cap at

his/her discretion if fishery

conservation and/or protected resource

goals are determined to be in jeopardy.

In accordance with the requirements of

50 CFR 600.745(b)(3), NMFS requests

comments on the issuance of EFPs to

retain Atlantic bonito as an allowable

incidental species.

NMFS is currently developing a

harbor porpoise take reduction plan.

Vessels fishing under this exemption

will be required to comply with the

porpoise protection measures under the

harbor porpoise take reduction plan,

when implemented. These gillnet

vessels must also comply with the

Atlantic large whale take reduction plan

regulations, which were effective

November 15, 1997 (50 CFR 229.32).

Particpants in this fishery are

considered to be participating in the

Northeast sink gillnet fishery, a Category

I fishery as defined under the Marine

Mammal Protection Act. As such, under

regulations at 50 CFR part 229, they also

will be required to: (1) Obtain a marine

mammal authorization certificate; (2)

report all injuries and mortalities of

marine mammals to NMFS within 48

hours of returning from a fishing trip;

and, (3) carry an observer if so requested

by NMFS. Observers will collect data on

interactions with marine mammals and

other protected species, as well as

determine fishery effort and further

describe fishery characteristics.

Vessel owners that currently hold

Federal Northeast multispecies permits

and are participating in the gillnet

fishery may use their existing Marine

Mammal Protection Certificate to enroll

in the exempted fishery for little tunny.

However, as participants in a Category

I fishery, they must still comply with

the other requirements under 50 CFR

part 229 as described above.

Vessel owners that do not hold

Federal Northeast multispecies permits

who wish to participate in this fishery

should contact the Acting Regional

Administrator (see ADDRESSES),

telephone (978) 281–9264, for guidance

on obtaining the Marine Mammal

Protection Certificate.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), finds there is

good cause to waive prior notice and

opportunity for comment under 5 U.S.C.

553(b)(B) for the little tunny gillnet

exempted fishery. Provisions under the

FMP give the Regional Administrator

authority to add, delete, or modify

exempted fisheries based on the

percentage of regulated species caught.

Public meetings held by the Council to

discuss this management measure, as

well as consultation with the Council on

any request for an exemption during a

public Council meeting, provided full

prior notice and opportunity for public

comment to be made and considered,

making additional opportunity for

public comment unnecessary. Under 5

U.S.C. 553(d)(1), this rule is not subject

to a delay in effectiveness because it

relieves a restriction.

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This rule contains or refers to two

collection-of-information requirements

subject to the PRA. These collections of

information have been approved by

OMB, under OMB control numbers

0648–0202 and 0648–0309. The

estimated response time for a request for

a little tunny letter of authorization is 2

minutes per call (OMB 0648–0202).

Also, it is estimated that an average of

16 to 35 gillnet vessels will submit

requests for Atlantic bonito EFPs. The

burden hours approved for this request

is 1 hour for the initial issuance of the

EFP, and 1 hour for any subsequent

requests (OMB 0648–0309). These

estimated response times include the

time needed for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding any of these burden

estimates or any other aspect of the

collection of information to NMFS and

to OMB (see ADDRESSES).

This final rule has been determined to

be not significant for purposes of E.O.

12866.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: July 23, 1998.

Rolland H. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648–FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 /Rules and Regulations 40377

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

2. In § 648.2, the definitions for

‘‘Bonito’’ and ‘‘Little tunny’’ are added,

in alphabetical order, to read as follows:

§ 648.2 Definitions.

* * * * *

Bonito means Sarda sarda.

* * * * *

Little tunny means Euthynnus

alleteratus.

* * * * *

3. In § 648.14, paragraphs (a)(36) and

(a)(43) are revised to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(36) Fish with, use, or have available

for immediate use within the area

described in § 648.80(b)(1), nets of mesh

size smaller than the minimum size

specified in § 648.80(b)(2), except as

provided in § 648.80(b)(3), (b)(9), (d),

(e), and (i), or unless the vessel has not

been issued a multispecies permit and

fishes for multispecies exclusively in

state waters, or unless otherwise

specified in § 648.17.

* * * * *

(43) Violate any of the provisions of

§ 648.80(a)(4), the Cultivator Shoals

whiting fishery exemption area; (a)(5),

the Stellwagen Bank/Jeffreys Ledge (SB/

JL) juvenile protection area; (a)(8), Small

Mesh Area 1/Small Mesh Area 2; (a)(9),

the Nantucket Shoals dogfish fishery

exemption area; (a)(11), the Nantucket

Shoals mussel and sea urchin dredge

exemption area; (a) (12), the GOM/GB

monkfish gillnet exemption area; (a)(13),

the GOM/GB dogfish gillnet exemption

area; (b)(3), exemptions (small mesh);

(b)(5), the SNE monkfish and skate trawl

exemption area; (b)(6), the SNE

monkfish and skate gillnet exemption

area; (b)(7), the SNE dogfish gillnet

exemption area; (b)(8), the SNE mussel

and sea urchin dredge exemption area;

or (b)(9), the SNE little tunny gillnet

exemption area. A violation of any of

these paragraphs is a separate violation.

* * * * *

4. In § 648.80, paragraph (b)(2)(iii) is

revised, and paragraph (b)(9) is added to

read as follows:

§ 648.80 Regulated mesh areas and

restrictions on gear and methods of fishing.

* * * * *

(b) * * *

(2) * * *

(iii) Other restrictions and

exemptions. Vessels are prohibited from

fishing in the SNE Regulated Mesh Area

except if fishing with exempted gear (as

defined under this part) or under the

exemptions specified in paragraphs

(b)(3), (b)(5) through (9), (c), (e), (h), and

(i) of this section, if fishing under a NE

multispecies DAS, if fishing under the

small vessel exemption specified in

§ 648.82(b)(3), if fishing under a scallop

state waters exemption specified in

§ 648.54, or if fishing pursuant to a NE

multispecies open access Charter/Party

or Handgear permit. Any gear on a

vessel, or used by a vessel, in this area

must be authorized under one of these

exemptions or must be stowed as

specified in § 648.81(e).

* * * * *

(9) SNE Little Tunny Gillnet

Exemption Area. A vessel may fish with

gillnet gear in the SNE Little Tunny

Gillnet Exemption Area when not

operating under a NE multispecies DAS

with mesh size smaller than the

minimum required in the SNE

Regulated Mesh Area, if the vessel

complies with the requirements

specified in paragraph (b)(9)(i) of this

section. The SNE Little Tunny Gillnet

Exemption Area is defined by a line

running from the Rhode Island

shoreline at 41°18.2’ N. lat. and 71°51.5’

W. long. (Watch Hill, RI) southwesterly

through Fishers Island, NY; to Race

Point, Fishers Island, NY; and from Race

Point, Fishers Island, NY, southeasterly

to 41°06.5’ N. lat. and 71°50.2’ W. long.;

east northeast through Block Island, RI,

to 41°15’ N. lat. and 71°07’ W. long.;

then due north to the intersection of the

RI-MA shoreline.

(i) Requirements. (A) A vessel fishing

under this exemption may fish only for,

possess on board, or land little tunny

and the allowable incidental species

and amounts specified in paragraph

(b)(3) and, if applicable, paragraph

(b)(9)(i)(B) of this section. Vessels

fishing under this exemption may not

possess regulated species.

(B) A vessel may possess bonito as an

allowable incidental species provided

an exempted fishing permit is obtained

from the Highly Migratory Species

Division (HMS), Office of Sustainable

Fisheries, NMFS, Gloucester,

Massachusetts. The HMS reserves the

authority to cap the number of

participants who retain bonito as

allowable incidental species should

conservation and/or protected resource

concerns develop.

(C) The vessel must have a letter of

authorization issued by the Regional

Administrator on board.

(D) All gillnets must have a minimum

mesh size of 5.5 inch (13.97 cm)

diamond mesh throughout the net.

(E) All nets with a mesh size smaller

than the minimum mesh size specified

in paragraph (b)(9)(i)(D) of this section

must be stowed in accordance with one

of the methods described under

§ 648.81(e) while fishing under this

exemption.

(F) Fishing is confined to September

1 through October 31.

(ii) The Regional Adminstrator shall

conduct periodic sea sampling to

evaluate the likelihood of gear

interactions with protected resources.

* * * * *

[FR Doc. 98–20258 Filed 7-24-98; 3:43 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980603145–8186–02; I.D.

052998C]

RIN 0648–AL33

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Crustacean Fisheries; Bank/AreaSpecific Harvest Guidelines

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement a regulatory amendment

under the framework procedures of the

Fishery Management Plan for the

Crustacean Fisheries of the Western

Pacific Region. This rule allocates the

overall 1998 Northwestern Hawaiian

Islands (NWHI) harvest guideline of

286,000 lobsters (spiny and slipper

combined) among three individual

fishing banks and a fourth combined

area. Specifically, no more than 70,000

lobsters may be harvested from Necker

Island; no more than 20,000 lobsters

may be harvested from Gardner

Pinnacles; no more than 80,000 lobsters

may be harvested from Maro Reef; and

no more than 116,000 lobsters may be

harvested from all the other remaining

NWHI banks combined within

Crustaceans Permit Area 1. This rule is

intended to protect the lobster resources

at each fishing ground, to obtain better

data on the lobster stocks, and to

conserve the resource.

DATES: This final rule is effective from

July 23, 1998 through December 31,

1998.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis and the Final

Regulatory Flexibility Analysis for this

action are available from Alvin

Katekaru, Fishery Management