21376 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations

Integrated Accounting (May 2000)

Integrated accounting procedures are

required for use under this contract. The

contractor’s financial management system

shall include an integrated accounting

system that is linked to DOE’s accounts

through the use of reciprocal accounts and

that has electronic capability to transmit

monthly and year-end self-balancing trial

balances to the Department’s Primary

Accounting System for reporting financial

activity under this contract in accordance

with requirements imposed by the

contracting officer pursuant to the Laws,

regulations, and DOE directives clause of this

contract.

13. Section 970.5204–92 is added to

read as follows:

970.5204–92 Liability With respect to cost

accounting standards.

As prescribed in 970.3270, insert the

following clause.

Liability with Respect to Cost Accounting

Standards (May 2000)

(a) The contractor is not liable to the

Government for increased costs or interest

resulting from its failure to comply with the

clauses of this contract entitled, ‘‘Cost

Accounting Standards,’’ and ‘‘Administration

of Cost Accounting Standards,’’ if its failure

to comply with the clauses is caused by the

contractor’s compliance with published DOE

financial management policies and

procedures or other requirements established

by the Department’s Chief Financial Officer

or Procurement Executive.

(b) The contractor is not liable to the

Government for increased costs or interest

resulting from its subcontractors’ failure to

comply with the clauses at FAR 52.230–2,

‘‘Cost Accounting Standards,’’ and FAR

52.230–6, ‘‘Administration of Cost

Accounting Standards,’’ if the contractor

includes in each covered subcontract a clause

making the subcontractor liable to the

Government for increased costs or interest

resulting from the subcontractor’s failure to

comply with the clauses; and the contractor

seeks the subcontract price adjustment and

cooperates with the Government in the

Government’s attempts to recover from the

subcontractor.

14. Section 970.5204–93 is added to

read as follows:

970.5204–93 Work for others funding

authorization.

As prescribed in 970.3270, insert the

following clause.

Work for Others Funding Authorization (May

2000)

Any uncollectible receivables resulting

from the contractor utilizing contractor

corporate funding for reimbursable work

shall be the responsibility of the contractor,

and the United States Government shall have

no liability to the contractor for the

contractor’s uncollected receivables. The

contractor is permitted to provide advance

payment utilizing contractor corporate funds

for reimbursable work to be performed by the

contractor for a non-Federal entity in

instances where advance payment from that

entity is required under the Laws,

regulations, and DOE directives clause of this

contract and such advance cannot be

obtained. The contractor is also permitted to

provide advance payment utilizing contractor

corporate funds to continue reimbursable

work to be performed by the contractor for

a Federal entity when the term or the funds

on a Federal interagency agreement required

under the Laws, regulations, and DOE

directives clause of this contract have

elapsed. The contractor’s utilization of

contractor corporate funds does not relieve

the contractor of its responsibility to comply

with all requirements for Work for Others

applicable to this contract.

[FR Doc. 00–9633 Filed 4–20–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AF80

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 224, 226, and 424

[Docket No. 000330090–0090–01]

RIN 0648–XA51

Endangered and Threatened Wildlife

and Plants; Notice of Change of

Jurisdiction for Coastal Cutthroat

Trout

AGENCIES: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce; Fish and Wildlife Service

(FWS), Interior.

ACTION: Transfer of agency jurisdiction.

SUMMARY: The Fish and Wildlife Service

(FWS) and National Marine Fisheries

Service (NMFS) have, in the past, jointly

managed coastal cutthroat trout

(Oncorhynchus clarki clarki) under the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.) (ESA).

This document is to alert interested

parties that, effective November 22,

1999, the FWS assumed all ESA

regulatory jurisdiction over coastal

cutthroat. The only exception is that

NMFS will retain ESA jurisdiction over

the endangered Umpqua River cutthroat

trout Evolutionary Significant Unit

(ESU) until the agencies complete a

final determination on the proposed delisting of this ESU. The change in

jurisdiction results from a joint agency

determination that coastal cutthroat

trout spend the majority of their life

cycle in fresh water habitat.

DATES: The finding announced in this

document was made on November 22,

1999.

ADDRESSES: Questions concerning this

document should be submitted to the

Supervisor, Fish and Wildlife Service,

Oregon State Office, 2600 SE 98th

Avenue, Suite 100, Portland, Oregon

97266; or to, Garth Griffin, National

Marine Fisheries Service, Northwest

Region, Protected Resources Division,

525 NE Oregon Street, Suite 500,

Portland, OR 97232–2737.

FOR FURTHER INFORMATION CONTACT:

Rollie White, Fish and Wildlife Service,

telephone 503–231–6179, fax 503–231–

6195; or, Garth Griffin, National Marine

Fisheries Service, telephone 503–231–

2005, fax 503–230–5435.

SUPPLEMENTARY INFORMATION: In the

past, ESA jurisdiction over the coastal

cutthroat trout has been shared by the

FWS and NMFS, although NMFS has a

history of conducting status reviews on

sea-run forms of cutthroat trout (61 FR

41514, August 9, 1996; 64 FR 16397,

April 5, 1999). During the status review

for Umpqua River sea-run cutthroat

trout, both agencies agreed that NMFS

would handle ESA responsibilities for

this species in the Umpqua River Basin

(FWS, 1994). Since that time, the matter

of agency jurisdiction has arisen for the

various cutthroat life forms in other

west coast basins. At issue is the

question of appropriate jurisdiction for

a species with both diadromous (i.e.,

migrating between fresh-and saltwater)

and resident (i.e., freshwater-dwelling)

life forms. Salmonid species exhibiting

the former life forms have generally

been managed by NMFS while the latter

forms have typically been under the

jurisdiction of the FWS. The change in

jurisdiction announced in this Notice is

based on a determination that coastal

cutthroat trout spend the majority of

their life cycle in fresh water habitat.

On April 5, 1999, the agencies

published a joint proposal to list the

southwestern Washington/Columbia

River cutthroat trout ESU as a

threatened species and to de-list the

Umpqua River ESU under the ESA (64

FR 16397). In that proposal, we

announced that a decision would be

made about which agency would have

sole jurisdiction over the species. On

November 22, 1999, the Directors of

NMFS and the FWS signed a joint letter

determining that the FWS shall assume

all ESA regulatory jurisdiction over

coastal cutthroat trout. For the FWS,

applicable ESA regulations would

include those promulgated in 50 CFR

Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21377

1See the Federal Register issue of April 19, 2000

I.D. 121198A).

part 17. For NMFS the applicable ESA

regulations would include those

promulgated in 50 CFR part 222, 226

and 424.

In making this decision, the agencies

recognized that certain ESA

responsibilities pertaining to the

Umpqua River ESU should be retained

by NMFS for a short time so that

pending rulemaking and consultation

issues can be efficiently concluded prior

to FWS assuming complete jurisdiction

for the species. Because the original

status review and listing decisions for

this ESU were conducted by NMFS, the

final de-listing assessment will continue

to be conducted by NMFS. The results

of this assessment have been announced

in a Federal Register document 1 and, in

accordance with section 4(a)(2)(B) of the

ESA, will require FWS’ concurrence on

any de-listing determination for the

Umpqua River ESU. Also, NMFS will

continue to conduct ESA section 7

consultations for this ESU until

publication of a final determination.

In addition, the agencies have

determined that the FWS would

conclude the final listing determination

for southwestern Washington/Columbia

River cutthroat trout populations in

light of their proposed listing status.

FWS has, therefore, assumed sole ESA

regulatory responsibilities (e.g.,

conferencing requirements) for

addressing these populations. Final

listing determinations for the

Southwestern Washington/Columbia

River and Umpqua River populations

are expected to be completed by April

2000. Regardless, both agencies will

continue to coordinate activities such as

section 7 consultations and Habitat

Conservation Plans involving

watersheds shared by coastal cutthroat

trout and salmonid species under NMFS

jurisdiction (e.g., steelhead, coho, and

chinook salmon).

References Cited

A complete list of all references cited

herein is available on request from the

Fish and Wildlife Service (See

ADDRESSES section).

Author

The primary author of this document

is Rollie White, Fish and Wildlife

Service, (see ADDRESSES section).

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1531

et seq.).

Dated: April 12, 2000.

Cynthia U. Barry,

Acting Regional Director, Region 1, Fish and

Wildlife Service.

Dated: April 7, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–9737 Filed 4–20–00; 8:45 am]

BILLING CODE 4310–55–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 041700B]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Closure

of the Commercial Red Snapper

Component

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial

fishery for red snapper in the exclusive

economic zone (EEZ) of the Gulf of

Mexico. NMFS has determined that the

spring portion of the annual commercial

quota for red snapper will be reached on

May 8, 2000. This closure is necessary

to protect the red snapper resource.

DATES: Closure is effective noon, local

time, May 8, 2000, until noon, local

time, on September 1, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Roy Crabtree, 727–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

and is implemented under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act by

regulations at 50 CFR part 622. Those

regulations set the commercial quota for

red snapper in the Gulf of Mexico at

4.65 million lb (2.11 million kg) for the

current fishing year, January 1 through

December 31, 2000. The red snapper

commercial fishing season is split into

two time periods, the first commencing

at noon on February 1 with two-thirds

of the annual quota (3.06 million lb

(1.39 million kg)) available, and the

second commencing at noon on

September 1 with the remainder of the

annual quota available. During the

commercial season, the red snapper

commercial fishery opens at noon on

the first of each month and closes at

noon on the 10th of each month, until

the applicable commercial quotas are

reached.

Under 50 CFR 622.43(a), NMFS is

required to close the commercial fishery

for a species or species group when the

quota for that species or species group

is reached, or is projected to be reached,

by publishing a notification to that

effect in the Federal Register. Based on

current statistics, NMFS has determined

that the available commercial quota of

3.06 million lb (1.39 million kg) for red

snapper will be reached when the

fishery closes at noon on May 8, 2000.

Accordingly, the commercial fishery in

the EEZ in the Gulf of Mexico for red

snapper will remain closed until noon,

local time, on September 1, 2000. The

operator of a vessel with a valid reef fish

permit having red snapper aboard must

have landed and bartered, traded, or

sold such red snapper prior to noon,

local time, May 8, 2000.

During the closure, the bag and

possession limits specified in 50 CFR

622.39(b) apply to all harvest or

possession of red snapper in or from the

EEZ in the Gulf of Mexico, and the sale

or purchase of red snapper taken from

the EEZ is prohibited. In addition, the

bag and possession limits for red

snapper apply on board a vessel for

which a commercial permit for Gulf reef

fish has been issued, without regard to

where such red snapper were harvested.

However, the bag and possession limits

for red snapper apply only when the

recreational quota for red snapper has

not been reached and the bag and

possession limit has not been reduced to

zero. The prohibition on sale or

purchase does not apply to sale or

purchase of red snapper that were

harvested, landed ashore, and sold prior

to noon, local time, May 8, 2000, and

were held in cold storage by a dealer or

processor.

Classification

This action is taken under 50 CFR

622.43(a) and is exempt from review

under Executive Order 12866.

Dated: April 17, 2000.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–10027 Filed 4–20–00; 8:45 am]

BILLING CODE 3510–22–F