29276 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules

state’s procedures for amending its

regulations. If the proposed

maintenance plan is substantially

changed in areas other than those

identified in this notice, EPA will

evaluate those changes and may publish

another notice of proposed rulemaking.

If no substantial changes are made other

than those areas cited in this notice,

Pennsylvania will publish a Final

Rulemaking Notice on the revisions.

The final rulemaking action by EPA will

occur only after the SIP revision has

been adopted by Pennsylvania and

submitted formally to EPA for

incorporation into the SIP.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This action merely proposes to

approve state law as meeting Federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this

proposed redesignation and associated

maintenance plan will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Because this rule

proposes to approve pre-existing

requirements under state law and does

not impose any additional enforceable

duty beyond that required by state law,

it does not contain any unfunded

mandate or significantly or uniquely

affect small governments, as described

in the Unfunded Mandates Reform Act

of 1995 (Public Law 104–4). This rule

also does not have a substantial direct

effect on one or more Indian tribes, on

the relationship between the Federal

Government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000), nor will

it have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

proposes to approve a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This proposed redesignation

and associated maintenance plan also

are not subject to Executive Order 13045

(62 FR 19885, April 23, 1997), because

it is not economically significant. In

reviewing SIP submissions, EPA’s role

is to approve state choices, provided

that they meet the criteria of the Clean

Air Act. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order.

This proposed redesignation of the

Pittsburgh area from nonattainment to

attainment for the 1-hour ozone NAAQS

does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen dioxide,

Ozone, Reporting and recordkeeping

requirements, Volatile organic

compounds.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control.

Authority: 42 U.S.C. 7401 et seq.

Dated: May 21, 2001

Thomas C. Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 01–13513 Filed 5–29–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 010509116–116–01; I.D.

042301B]

RIN 0648–AO87

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Restrictions on

Frequency of Limited Entry Permit

Transfers

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes a rule that

would revise restrictions on the

frequency and timing of limited entry

permit transfers and would clarify

NMFS regulatory requirements for

transferring limited entry permits. This

proposed rule would also update and

clarify limited entry program

regulations so that they are more

readable for the public. This action is

intended to propose revisions to the

limited entry permit regulations that

would better address the needs of the

small businesses participating in the

Pacific Coast groundfish limited entry

fishery.

DATES: Comments must be submitted in

writing by June 19, 2001.

ADDRESSES: Send comments to Donna

Darm, Acting Administrator, Northwest

Region, (Regional Administrator) NMFS,

7600 Sand Point Way NE., Seattle, WA

98115; or Rebecca Lent, Administrator,

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213. Copies of the

environmental assessment/regulatory

impact review (EA/RIR) for this action

are available from Donald McIsaac,

Executive Director, Pacific Fishery

Management Council (Council), 2130

SW Fifth Avenue, Suite 224, Portland,

OR 97201.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier or Kevin Ford

(Northwest Region, NMFS), phone: 206–

526–6140; fax: 206–526–6736 and; email: Yvonne.dereynier@noaa.gov,

kevin.ford@noaa.gov or Svein Fougner

(Southwest Region, NMFS) phone: 562–

980–4000; fax: 562–980–4047 and; email: svein.fougner@noaa.gov.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules 29277

Electronic Access

This Federal Register document is

also accessible via the Internet at the

website of the Office of the Federal

Register: http://www.access.gpo.gov/sudocs/aces/aces140.html.

Pacific Coast Groundfish Fishery

This proposed rule would revise the

Pacific Coast groundfish fishery limited

entry program regulations at 50 CFR

part 660 to modify the restriction on

frequency and timing of limited entry

permit transfers and to update and reorganize the regulations in a manner

that is consistent with current NMFS

permitting activities and practices. Reorganizing limited entry program

regulations would not change the effect

or intent of the regulations. This

proposed rule is based on

recommendations of the Council,

operating under the authority of the

Pacific Coast Groundfish Fishery

Management Plan (FMP) and the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). The

background and rationale for the

Council’s recommendations are

summarized here. Further detail appears

in the EA/RIR prepared by NMFS for

this action.

Background

Vessel participation in Pacific Coast

groundfish fisheries is constrained in

part by a limited entry permit program

initially implemented in 1994. Limited

entry permits were issued to vessels

meeting minimum groundfish landings

requirements with trawl, longline, or

pot gear during a 1984 through 1988

window period.

Since the implementation of the

limited entry program, the Council has

made several program changes to further

constrain effort in the fleet, including

permit combination requirements for

larger vessels participating in the fishery

and further access limitation for fixed

gear vessels targeting sablefish. In 1998,

the Council introduced another measure

intended to constrain fishing effort, a

limitation on the frequency of permit

transfers to once every 12 months. The

Council also recommended restricting

the effectiveness of a permit transfer to

the first day of the cumulative limit

period following the date of the transfer,

to prevent more than one vessel from

using that permit during a single period.

Individual vessels do not participate

in the groundfish fishery every day of

the year. However, with unlimited

permit transfers allowed, a vessel might

transfer its permit to another vessel

when the original vessel is participating

in another fishery or when it is

undergoing routine maintenance. When

unlimited transfers were allowed, effort

in the fishery expanded beyond effort

levels expected from the number of

limited entry permits issued. Therefore,

to constrain effort, the Council

recommended that a permit could be

transferred only once every 12 months.

Under current regulations, a vessel is

limited to harvesting a specific amount

of groundfish per cumulative limit

period (generally 1 or 2 months). If a

permit could be transferred to a

different vessel in the middle of the

cumulative limit period, two vessels

could each harvest a cumulative limit,

doubling the effort otherwise expected

from that permit. Restricting the transfer

of permits to the first day of a

cumulative limit period was intended to

prevent more than one vessel from using

a permit to harvest groundfish

cumulative limits during a single

cumulative limit period. NMFS

implemented the Council’s

recommendations on restricting permit

transfers on June 25, 1998 (63 FR

34606).

At its September and November 2000

meetings, the Council reconsidered

these transfer restrictions and

considered the need to revise and clarify

other existing permit regulations. While

the Council continued to support

restricting the frequency and timing of

permit transfers, it wanted to find a way

to increase regulatory flexibility for

permit holders without losing the

benefits from the limitations on the

number of vessels that may be attached

to a permit in any 1-year or cumulative

limit period. To provide this flexibility,

the Council recommended restricting

the frequency of limited entry permit

transfers to once per calendar year,

rather than once every 12 months. The

Council also recommended a slight

modification to permit transfer

regulations, to clarify that permit

transfers will be effective no sooner than

the first day of a cumulative limit period

after the signed permit transfer form and

the original permit are submitted to the

agency. This change would give an

owner enough time to complete the

application package, even if the owner

does not have all necessary documents

before the start of the cumulative limit

period. This change would still ensure

that the permit cannot be used by two

vessels during the same cumulative

limit period.

Since the transfer rule’s

implementation in 1998, the restriction

on frequency and timing of limited

entry permit transfers has applied to

permit owners changing the vessel

registered to the permit and to permit

owners changing the name of the

person(s) owning or leading the permit

without changing the vessel registration.

This restriction has adversely affected

some permit-owning individuals,

corporations and partnerships. In recent

years, some entities owning limited

entry permits have merged, reorganized,

added a partner, or incorporated, but

have kept the permit on the same vessel.

Such transactions occur in the normal

course of business and do not affect

fishery participation levels, but are

counted against the one time transfer

rule. Any change in permit ownership

structure limited the permit owner from

making additional changes for a period

of 12 months, such as adding a new

vessel to the permit and/or leasing the

permit to another person or entity. In an

increasingly uncertain and depressed

fisheries business environment, permit

holders need greater latitude in using

their permits where that flexibility will

achieve the original purpose of the

regulation.

When NMFS learned that the Council

was considering changes to the limited

entry permit regulations, the agency

asked for a Council recommendation for

NMFS to revise and clarify the overall

limited entry program regulations. Since

the 1994 implementation of the limited

entry program, the Council has

recommended numerous regulatory

revisions in keeping with the changing

needs of the fishery. With each change

to the management of the limited entry

program, NMFS has revised the

appropriate portions of the permit

regulations at 50 CFR 660.333 through

660.341. Over time, these revisions,

additions and deletions have resulted in

a somewhat confusing and convoluted

set of limited entry program regulations.

This proposed rule would modify the

limited entry program regulations to

remove outdated provisions, rearrange

and clarify currently applicable

regulations into a more readable and

user-friendly format, and incorporate

the new Council recommendations on

the frequency and timing of permit

transfers. Clarifications of existing

requirements include: revising the

definition of ‘‘lessee’’ to specify that

lessees do not have the right to transfer

permits; revising the prohibition against

operating a limited entry vessel without

a limited entry permit so that the

prohibition is clear without needing

reference to other regulations;

rearranging the limited entry program

regulations into a more logical format;

removing permit regulations that deal

with permit applications that are no

longer accepted; and clarifying

documentation needs for the different

permit action requests that permit

29278 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules

owners make to the Fisheries Permits

Office.

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration (SBA)

that this proposed rule, if adopted,

would not have a significant economic

impact on a substantial number of small

entities as follows:

A fish-harvesting business is considered a

‘‘small’’ business by the SBA if it has annual

receipts not in excess of $3.0 million. It is the

limited entry fleet that would be affected by

this action, and almost all limited entry

permit holders are considered small

businesses under SBA standards. Overall,

this is a minor action that increases business

flexibility for limited entry permit holders.

This action is not expected to have any

negative effect, and would positively benefit

limited entry permit holders by: allowing

them the flexibility to plan permit transfers

in accordance with changes in seasonal

management; improving the clarity and

usability of limited entry permit regulations;

and increasing their flexibility in making

changes and corrections in permit ownership

documentation.

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: May 21, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is proposed

to be 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 for

‘‘Permit lessee’’ is revised to read as

follows:

§ 660.302 Definitions.

* * * * *

Permit lessee means a person who has

the right to possess and use a limited

entry permit for a designated period of

time, with reversion of those rights to

the permit owner. A permit lessee does

not have the right to transfer a permit

or change the ownership of the permit.

* * * * *

3. In § 660.306, paragraph (n) is

revised to read as follows:

§ 660.306 Prohibitions.

* * * * *

(n) Fail to carry onboard a vessel the

limited entry permit registered for use

with that vessel, if a limited entry

permit is registered for use with that

vessel.

* * * * *

4. Sections 660.333 through 660.335

are revised to read as follows:

§ 660.333 Limited entry fishery—eligibility

and registration.

(a) General. In order for a vessel to

participate in the limited entry fishery,

the vessel owner must hold (by

ownership or lease) a limited entry

permit and, through SFD, must register

that permit for use with his/her vessel.

When participating in the limited entry

fishery, a vessel is authorized to fish

with the gear type endorsed on the

limited entry permit registered for use

with that vessel. There are three types

of gear endorsements: trawl, longline,

and pot (or trap). A sablefish

endorsement is also required for a vessel

to participate in the regular and/or mopup seasons for the nontrawl, limited

entry sablefish fishery, north of 36° N.

lat. A limited entry permit confers a

privilege of participating in the Pacific

Coast limited entry groundfish fishery

in accordance with Federal regulations

in 50 CFR part 660.

(b) Eligibility. Only a person eligible

to own a documented vessel under the

terms of 46 U.S.C. 12102(a) may be

issued or may hold a limited entry

permit.

(c) Registration. Limited entry permits

will normally be registered for use with

a particular vessel at the time the permit

is issued, renewed, transferred, or

replaced. If the permit will be used with

a vessel other than the one registered on

the permit, the permit owner must

register that permit for use with the new

vessel through the SFD. The reissued

permit must be placed on board the new

vessel in order for the vessel to

participate in the limited entry fishery.

(1) Registration of a permit to be used

with a new vessel will take effect no

earlier than the first day of the next

major limited entry cumulative limit

period following the date of submission

of the transfer form and the original

permit.

(2) 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) Limited entry permits indivisible.

Limited entry permits may not be

divided for use by more than one vessel.

(e) Initial decisions. SFD will make

initial decisions regarding permit

endorsements, renewal, replacement,

and change in vessel registration. SFD

will notify the permit holder in writing

with an explanation of any decision to

deny a permit endorsement, renewal,

replacement, or change in vessel

registration. The SFD will decline to act

on an application for permit

endorsement, renewal, transfer,

replacement, or registration of a limited

entry permit if the permit is subject to

sanction provisions of the MagnusonStevens Act at 16 U.S.C. 1858(a) and

implementing regulations at 15 CFR part

904, subpart D, apply.

§ 660.334 Limited entry permits—

Endorsements.

(a) ‘‘A’’ endorsement. A limited entry

permit with an ‘‘A’’ endorsement

entitles the holder to participate in the

limited entry fishery for all groundfish

species with the type(s) of limited entry

gear specified in the endorsement,

except for sablefish harvested north of

36° N. lat. during times and with gears

for which a sablefish endorsement is

required. See paragraph (d) of this

section for provisions on sablefish

endorsement requirements. An ‘‘A’’

endorsement is transferable with the

limited entry permit to another person,

or to a different vessel under the same

ownership under § 660.335. An ‘‘A’’

endorsement expires on failure to renew

the limited entry permit to which it is

affixed

(b) Gear endorsements. There are

three types of gear endorsements: trawl,

longline and pot (trap). When limited

entry permits were first issued, some

vessel owners qualified for more than

one type of gear endorsement based on

the landings history of their vessels.

Each limited entry permit has one or

more gear endorsements. Gear

endorsement(s) assigned to the permit at

the time of issuance will be permanent

and shall not be modified. While

participating in the limited entry

fishery, the vessel registered to the

limited entry permit is authorized to

fish with the gear(s) endorsed on the

permit. During the limited entry fishery,

permit holders may also fish with open

access gear; except that during a period

when the limited entry fixed gear

sablefish fishery is restricted to those

vessels with sablefish endorsements,

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules 29279

permit holders may not fish for sablefish

with open access gear.

(c) Vessel size endorsements—

(1) General. Each limited entry permit

will be endorsed with the LOA for the

size of the vessel that initially qualified

for the permit, except:

(i) If the permit is registered for use

with a trawl vessel that is more than 5

ft (1.52 m) shorter than the size for

which the permit is endorsed, it will be

endorsed for the size of the smaller

vessel.

(ii) When permits are combined into

one permit to be registered for use with

a vessel requiring a larger size

endorsement, the new permit will be

endorsed for the size that results from

the combination of the permits as

described in paragraph (c)(2)(iii) of this

section.

(2) Limitations of size

endorsements—(i) A limited entry

permit endorsed only for gear other than

trawl gear may be registered for use with

a vessel up to 5 ft (1.52 m) longer than,

the same length as, or any length shorter

than, the size endorsed on the existing

permit without requiring a combination

of permits under § 660.335(b) or a

change in the size endorsement.

(ii) A limited entry permit endorsed

for trawl gear may be registered for use

with a vessel between 5 ft (1.52 m)

shorter and 5 ft (1.52 m) longer than the

size endorsed on the existing permit

without requiring a combination of

permits under § 660.335(b) or a change

in the size endorsement under

paragraph (c)(1)(i) of this section.

(iii) The vessel harvest capacity rating

for each of the permits being combined

is that indicated in Table 2 of this part

for the LOA (in feet) endorsed on the

respective limited entry permit. Harvest

capacity ratings for fractions of a foot in

vessel length will be determined by

multiplying the fraction of a foot in

vessel length by the difference in the

two ratings assigned to the nearest

integers of vessel length. The length

rating for the combined permit is that

indicated for the sum of the vessel

harvest capacity ratings for each permit

being combined. If that sum falls

between the sums for two adjacent

lengths on Table 2 of this part, the

length rating shall be the higher length.

(d) Sablefish endorsement and tier

assignment—(1) General Participation in

the limited entry fixed gear sablefish

fishery during the ‘‘regular’’ or ‘‘mopup’’ season described in § 660.323

(a)(2)(iii) and (v) north of 36° N. lat.,

requires that an owner of a vessel hold

a limited entry permit, registered for use

with that vessel, with a longline or trap

(or pot) endorsement and a sablefish

endorsement. During a period when the

limited entry sablefish fishery is

restricted to those limited entry vessels

with sablefish endorsements, a vessel

with a longline or pot limited entry

permit but without a sablefish

endorsement, cannot be used to harvest

sablefish in the open access fishery,

even with open access gear. Limited

entry permits with sablefish

endorsements are assigned to one of

three different cumulative trip limit

tiers, based on the qualifying catch

history of the permit.

(i) A sablefish endorsement with a tier

assignment will be affixed to the permit

and will remain valid when the permit

is transferred.

(ii) A sablefish endorsement and its

associated tier assignment are not

separable from the limited entry permit,

and therefore may not be transferred

separately from the limited entry

permit.

(2) Issuance process for sablefish

endorsements and tier assignments. (i)

No new applications for sablefish

endorsements will be accepted after

November 30, 1998.

(ii) The SFD will notify each owner of

a limited entry permit with a sablefish

endorsement, by letter of qualification

status, of the tier assignment for which

his or her permit qualifies, as indicated

by PacFIN records. The SFD will also

send to the permit owner a tier

assignment certificate.

(iii) If a permit owner believes there

is sufficient evidence to show that his

or her permit qualifies for a different tier

than that listed in the letter of

qualification status, that permit owner

must, within 30 days of the issuance of

the SFD’s letter of qualification status,

submit information to the SFD to

demonstrate that the permit qualifies for

a different tier. Section 660.333(d) sets

out the relevant evidentiary standards

and burden of proof.

(iv) After review of the evidence

submitted under paragraph (d)(2) of this

section, and any additional information

the SFD finds to be relevant, the SFD

will issue a letter of determination

notifying a permit owner of whether the

evidence submitted is sufficient to alter

the initial tier assignment. If the SFD

determines the permit qualifies for a

different tier, the permit owner will be

issued a revised tier assignment

certificate once the initial certificate is

returned to the SFD for processing.

(v) If a permit owner chooses to file

an appeal of the determination under

paragraph (d)(3) of this section, the

appeal must be filed with the Regional

Administrator within 30 days of the

issuance of the letter of determination

(at paragraph (d)(3) of this section). The

appeal must be in writing and must

allege facts or circumstances, and

include evidence demonstrating why

the permit qualifies for a different tier

assignment. The appeal of a denial of an

application for a different tier

assignment will not be referred to the

Council for a recommendation under

§ 660.340(e).

(vi) Absent good cause for further

delay, the Regional Administrator will

issue a written decision on the appeal

within 30 days of receipt of the appeal.

The Regional Administrator’s decision

is the final administrative decision of

the Department of Commerce as of the

date of the decision.

(e) Endorsement restrictions. ‘‘A’’

endorsements, gear endorsements,

sablefish endorsements, and sablefish

tier assignments may not be transferred

separately from the limited entry

permit.

§ 660.335 Limited entry permits— renewal,

combination, change of permit ownership

or permit holdership, and transfer.

(a) Renewal of limited entry permits

and gear endorsements. (1) Limited

entry permits expire at the end of each

calendar year, and must be renewed

between October 1 and November 30 of

each year in order to remain in force the

following year.

(2) Notification to renew limited entry

permits will be issued by SFD prior to

September 1 each year to the most

recent address of the permit owner. The

permit owner shall provide SFD with

notice of any address change within 15

days of the change.

(3) Limited entry permit renewal

requests received in SFD between

November 30 and December 31 will be

effective on the date that the renewal is

approved. A limited entry permit that is

allowed to expire will not be renewed

unless the permit owner requests

reissuance by March 31 of the following

year and the SFD determines that failure

to renew was proximately caused by

illness, injury, or death of the permit

owner.

(b) Combining limited entry permits.

Two or more limited entry permits with

‘‘A’’ gear endorsements for the same

type of limited entry gear may be

combined and reissued as a single

permit with a larger size endorsement as

described in § 660.334(c)(2)(iii). With

respect to permits endorsed for

nontrawl limited entry gear, a sablefish

endorsement will be issued for the new

permit only if all of the permits being

combined have sablefish endorsements.

If two or more permits with sablefish

endorsements are combined, the new

permit will receive the same tier

assignment as the tier with the largest

29280 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules

cumulative landings limit of the permits

being combined.

(c) Changes in permit ownership and

permit holder—(1) General. The permit

owner may convey the limited entry

permit to a different person. The new

permit owner will not be authorized to

use the permit until the change in

permit ownership has been registered

with and approved by the SFD. If the

listing of the permit holder changes

from one person to a different person,

but the vessel registration remains the

same on a permit, the permit owner

shall submit to SFD an application

requesting a change in a permit holder

(i.e., lessee of permit). Such applications

shall be made to SFD in advance of the

date the permit holder wishes to

participate in the limited entry fishery.

Permit holders cannot expect to have

their applications approved

immediately upon submission.

(2) Effective date. The change in

ownership of the permit or change in

the permit holder will be effective on

the day the change is approved by SFD,

unless there is a concurrent change in

the vessel registered to the permit.

Requirements for changing the vessel

registered to the permit are described at

paragraph (d) of this section.

(d) Changes in vessel registration—

transfer of limited entry permits and

gear endorsements—(1) General. A

permit may not be used with any vessel

other than the vessel registered to that

permit. For purposes of this section, a

permit transfer occurs when, through

SFD, a permit owner registers a limited

entry permit for use with a new vessel.

Permit transfer applications must be

submitted to SFD with the appropriate

documentation described at paragraph

(e) of this section. Upon receipt of a

complete application, and following

review and approval of the application,

the SFD will reissue the permit

registered to the new vessel.

(2) Application. A complete

application must be submitted to SFD in

order for SFD to review and approve a

change in vessel registration. At a

minimum, permit owners seeking to

transfer a limited entry permit shall

submit to SFD a signed application form

and his/her current limited entry permit

before the first day of the cumulative

limit period in which they wish to

participate. If a permit owner provides

a signed application and current limited

entry permit after the first day of a

cumulative limit period, the permit will

not be effective until the succeeding

cumulative limit period. SFD will not

approve a change in vessel registration

(transfer) until it receives a complete

application, the existing permit, a

current copy of the USCG 1270, and

other required documentation.

(3) Effective date. Changes in vessel

registration on permits will take effect

no sooner than the first day of the next

major limited entry cumulative limit

period following the date that SFD

receives the signed permit transfer form

and the original limited entry permit.

Transfers of permits designated as

participating in the ‘‘B’’ platoon will

become effective no sooner than the first

day of the next ‘‘B’’ platoon major

limited entry cumulative limit period

following the date that SFD receives the

signed permit transfer form and the

original limited entry permit. 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.

(e) Restriction on frequency of

transfers. Limited entry permits may not

be registered for use with a different

vessel (transfer) more than once per

calendar year, except in cases of death

of a permit holder or if the permitted

vessel is totally lost as defined in

§ 660.302. The exception for death of a

permit holder applies for a permit held

by a partnership or a corporation if the

person or persons holding at least 50

percent of the ownership interest in the

entity dies.

(1) A permit owner may designate the

vessel registration for a permit as

‘‘unidentified’’, meaning that no vessel

has been identified as registered for use

with that permit. No vessel is

authorized to use a permit with the

vessel registration designated as

‘‘unidentified’’.

(2) When a permit owner requests that

the permit’s vessel registration be

designated as ‘‘unidentified’’, the

transaction is not considered a

‘‘transfer’’ for purposes of this section.

Any subsequent request by a permit

owner to change from the

‘‘unidentified’’ status of the permit in

order to register the permit with a

specific vessel will be considered a

change in vessel registration (transfer)

and subject to the restriction on

frequency and timing of changes in

vessel registration (transfer).

(f) Application and supplemental

documentation. Permit holders may

request a transfer (change in vessel

registration) and/or change in permit

ownership or permit holder by

submitting a complete application form.

In addition, a permit owner applying for

renewal, replacement, transfer, or

change of ownership or change of

permit holder of a limited entry permit

has the burden to submit evidence to

prove that qualification requirements

are met. The owner of a permit endorsed

for longline or trap (or pot) gear

applying for a tier assignment under

§ 660.334(d) has the burden to submit

evidence to prove that certain

qualification requirements are met. The

following evidentiary standards apply:

(1) For a request to change a vessel

registration and/or change in permit

ownership or permit holder, the permit

owner must provide SFD with a current

copy of the USCG Form 1270 for vessels

of 5 net tons or greater, or a current copy

of a state registration form for vessels

under 5 net tons.

(2) For a request to change the vessel

registration to a permit, the permit

holder must submit to SFD a current

marine survey conducted by a certified

marine surveyor in accordance with

USCG regulations to authenticate the

length overall of the vessel being newly

registered with the permit. Marine

surveys older than 3 years at the time

of the request for change in vessel

registration will not be considered

‘‘current’’ marine surveys for purposes

of this requirement.

(3) For a request to change a permit’s

ownership where the current permit

owner is a corporation, partnership or

other business entity, the applicant

must provide to SFD a corporate

resolution that authorizes the

conveyance of the permit to a new

owner and which authorizes the

individual applicant to request the

conveyance on behalf of the

corporation, partnership, other business

entity.

(4) For a request to change a permit’s

ownership that is necessitated by the

death of the permit owner(s), the

individual(s) requesting conveyance of

the permit to a new owner must provide

SFD with a death certificate of the

permit owner(s) and appropriate legal

documentation that either: specifically

transfers the permit to a designated

individual(s); or, provides legal

authority to the transferor to convey the

permit ownership.

(5) For a request to change a permit’s

ownership that is necessitated by

divorce, the individual requesting the

change in permit ownership must

submit an executed divorce decree that

awards the permit to a designated

individual(s).

(6) Such other relevant, credible

documentation as the applicant may

submit, or the SFD or Regional

Administrator may request or acquire,

may also be considered.

(g) Application forms available.

Application forms for the change in

vessel registration (transfer) and change

of permit ownership or permit holder of

limited entry permits are available from

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Proposed Rules 29281

the SFD (see Table 1, § 600.502 of this

chapter for the address of the Regional

Administrator). Contents of the

application, and required supporting

documentation, are specified in the

application form.

(h) Records maintenance. The SFD

will maintain records of all limited

entry permits that have been issued,

renewed, transferred, registered, or

replaced.

§ 660.336 [Removed and reserved]

5. Section 660.336 is removed and

reserved.

6. Section 660.338 is revised to read

as follows:

§ 660.338 Limited entry permits— small

fleet.

(a) Small limited entry fisheries fleets

that are controlled by a local

government, were in existence as of July

11, 1991, and have negligible impacts

on the groundfish resource, may be

certified as consistent with the goals

and objectives of the limited entry

program and incorporated into the

limited entry fishery. Permits issued

under this subsection will be issued in

accordance with the standards and

procedures set out in the PCGFMP and

will carry the rights explained therein.

(b) A permit issued under this section

may be registered only to another vessel

that will continue to operate in the same

certified small fleet, provided that the

total number of vessels in the fleet does

not increase. A vessel may not use a

small fleet limited entry permit for

participation in the limited entry fishery

outside of authorized activities of the

small fleet for which that permit and

vessel have been designated.

7. Section 660.340 is revised to read

as follows:

§ 660.340 Limited entry permit appeals.

(a) Decisions on appeals of initial

decisions regarding issuance, renewal,

change in vessel registration, change in

permit owner or permit holder, and

endorsement upgrade, will be made by

the Regional Administrator.

(b) Appeals decisions shall be in

writing and shall state the reasons

therefor.

(c) Within 30 days of an initial

decision by the SFD denying issuance,

renewal, change in vessel registration,

change in permit owner or permit

holder, or endorsement upgrade, on the

terms requested by the applicant, an

appeal may be filed with the Regional

Administrator.

(d) The appeal must be in writing, and

must allege facts or circumstances to

show why the criteria in this subpart

have been met, or why an exception

should be granted.

(e) At the appellant’s discretion, the

appeal may be accompanied by a

request that the Regional Administrator

seek a recommendation from the

Council as to whether the appeal should

be granted. Such a request must contain

the appellant’s acknowledgment that the

confidentiality provisions of the

Magnuson-Stevens Act at 16 U.S.C.

1853(d) and part 600 of this chapter are

waived with respect to any information

supplied by the Regional Administrator

to the Council and its advisory bodies

for purposes of receiving the Council’s

recommendation on the appeal. In

responding to a request for a

recommendation on appeal, the Council

will apply the provisions of the

PCGFMP in making its recommendation

as to whether the appeal should be

granted.

(f) Absent good cause for further

delay, the Regional Administrator will

issue a written decision on the appeal

within 45 days of receipt of the appeal,

or, if a recommendation from the

Council is requested, within 45 days of

receiving the Council’s

recommendation. The Regional

Administrator’s decision is the final

administrative decision of the

Department as of the date of the

decision.

[FR Doc. 01–13525 Filed 5–29–01; 8:45 am]

BILLING CODE 3510–22–S