[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Rules and Regulations]
[Pages 42826-42830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20206]
[[Page 42826]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 990407088-9199-02; I.D. 030999A]
RIN 0648-AK69
Fisheries of the Exclusive Economic Zone Off Alaska; License
Limitation Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule that amends regulations implementing
the License Limitation Program (LLP) by adding an application process
and a transfer process for LLP licenses. This action is necessary to
complete final implementation of the LLP, and is intended to further
the objectives of the Fishery Management Plan (FMP) for the Groundfish
Fishery of the Bering Sea and Aleutian Islands Area, the FMP for
Groundfish of the Gulf of Alaska, and the FMP for the Commercial King
and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands.
DATES: Effective September 7, 1999.
ADDRESSES: Comments regarding the collection-of-information
requirements contained in this final rule should be sent to Susan J.
Salveson, Assistant Regional Administrator for Sustainable Fisheries,
Sustainable Fisheries Division, Alaska Region, NMFS, 709 West
9th Street, Room 453, Juneau, AK 99801, and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries of the Gulf of
Alaska (GOA) and the Bering Sea and Aleutian Islands Management Area
(BSAI) in the exclusive economic zone (EEZ) are managed by NMFS
pursuant to the FMPs for groundfish in the respective management areas.
The commercial king crab and Tanner crab fisheries in the Bering Sea
and the Aleutian Islands Area are managed by the State of Alaska with
Federal oversight, pursuant to the FMP for those fisheries. The FMPs
were prepared by the North Pacific Fishery Management Council
(Council), pursuant to the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq., and are
implemented by regulations at 50 CFR part 679. General regulations at
50 CFR part 600 also apply.
Fishing under the LLP for the commercial groundfish fisheries in
the EEZ of the GOA and the BSAI and the commercial king crab and Tanner
crab fisheries in the EEZ of the Bering Sea and the Aleutian Islands
Area is scheduled to begin January 1, 2000. The LLP replaces the Vessel
Moratorium Program, which expires on December 31, 1999 (64 FR 3651,
January 25, 1999).
This rule establishes the application and transfer processes for
LLP licenses. The proposed rule, on which this rule is based, was
published April 19, 1999 (64 FR 19113). Further information on the
purpose of and eligibility criteria for the LLP can be found in the
preamble to the final rule implementing Amendment 39 to the FMP for the
Groundfish Fishery of the BSAI, Amendment 41 to the FMP for Groundfish
of GOA, and Amendment 5 to the FMP for the Commercial King and Tanner
Crab Fisheries in the Bering Sea/Aleutian Islands (63 FR 52642, October
1, 1998).
Application Process for LLP Licenses
This rule provides that a limited application period of no less
than 90 days will be specified by notification in the Federal Register.
A limited application period means that an applicant will have a
specific time period to apply for an LLP license. An application for an
LLP license postmarked after the ending date of the application period
will be denied. NMFS anticipates that this application period will
begin in August or September 1999.
NMFS currently is compiling a database containing information on
vessels that participated in the groundfish and crab fisheries during
the qualifying periods for LLP licenses. Sources of information for
this database include weekly production reports and observer reports
from NMFS and fish tickets, processor annual reports, and vessel
registration information from the State of Alaska. NMFS will create the
official LLP record from only complete and verifiable information from
the database. The official LLP record will be presumed to be correct
for the purpose of determining eligibility. An applicant that includes
information in an application that is inconsistent with information in
the official LLP record will have the burden of proving that the
information submitted in the application is correct.
NMFS will develop a summary of qualifications from the official LLP
record for each person who appears to be eligible for an LLP license.
NMFS will send a copy of the summary of qualifications along with an
application form to these persons. Applications also will be provided
to persons on request. An applicant who agrees with the summary of
qualifications may include that information in his or her application.
Using the information from the summary of qualifications will expedite
application processing because the information will be consistent with
information in the official LLP record.
An applicant may include information in the application other than
that contained in the summary of qualifications if an applicant
disagrees with the information provided in the summary of
qualifications or if that information is incomplete. However, the
applicant must prove that the information submitted in the application
that is inconsistent with, or in addition to, information provided in
the summary of qualifications is correct.
An applicant can meet this burden of proof by submitting evidence
along with the application to verify the inconsistent or additional
information provided on the application form. Information provided on
the application form that cannot be verified with this evidence will
not be accepted. The applicant will be notified that the information
provided in the application cannot be verified and will be provided
with a 60-day evidentiary period to submit further evidence to prove
the information contained in the application is correct. This 60-day
period will also be provided for an applicant to provide further
information if the information provided on his or her application form
is incomplete. Only one 60-day period will be provided for each
applicant.
Examples of evidence that can be used to verify information
inconsistent with or in addition to information provided in the summary
of qualifications are: (1) State fish tickets or weekly production
reports to verify documented harvests not found in the official LLP
record, (2) an abstract of title or sales contract to verify vessel
ownership, and (3) a written contract transferring or retaining the
fishing history of a qualified vessel. Other forms of evidence will be
accepted if that evidence verifies submitted information.
Information provided on an application form that cannot be verified
at the conclusion of the 60-day evidentiary period will not be
accepted, and claims based on that information
[[Page 42827]]
will be denied. At that time, NMFS will issue an initial administrative
determination (IAD) indicating why those claims are denied. An
applicant may appeal the IAD pursuant to the provisions of Sec. 679.43.
An applicant who held a license the previous year will be eligible
for a non-transferable license pending the final resolution of his or
her claims pursuant to the license renewal provisions of 5 U.S.C. 558.
This non-transferable license will be issued to an applicant in the
IAD, will authorize the applicant to deploy a vessel to conduct
directed fishing for license limitation groundfish or crab species as
specified on the license, and will have specific endorsements and
designations based on verified and unverified claims of the applicant.
The non-transferable license will be effective until final agency
action.
If any of an applicant's claims are in dispute, the entire license
received by the applicant will be non-transferable until final
resolution of all the disputed claims, including portions of the
license that are based on claims that can be verified. This will
prevent an applicant from transferring away the portion of the license
that was based on verified claims and keeping the non-transferable
portion based on disputed claims. Such transfer activity could lead to
additional participants in the affected fisheries. A non-transferable
license expires on final agency action. At that time, the person who
appealed will either receive a transferable license, or no license at
all, depending on the final agency action.
Transfer Process for LLP Licenses
The transfer process for LLP licenses will enable a license holder
to request a transfer of an LLP license to any person that meets the
eligibility requirements. The following requirements must be met for
eligibility: The designated transferee must meet the U.S. Citizenship
requirements of Chapter 121, Title 46, U.S.C., the parties to the
transfer cannot have any fines, civil penalties, other payments due and
outstanding, or outstanding permit sanctions resulting from Federal
fishing violations, and the transfer cannot cause the designated
transferee to exceed the license cap in Sec. 679.7(i)(1).
A complete transfer application must be submitted to the
Administrator, Alaska Region, NMFS (Regional Administrator), for
approval before a transfer can occur. Transfer application forms will
be available on request. An incomplete application will be returned to
the applicant with identification of specific information that is
necessary to make the application complete. Specific information for a
transfer application includes (1) identification information for all
parties to the transfer, (2) evidence of the eligibility of the
designated transferee to document a fishing vessel, (3) a copy of the
contract or sales agreement for the transfer, (4) the signatures of the
parties to the transfer, and (5) identification information for the
vessel to be deployed based on the transferred license. A transferee
may choose not to designate a vessel at the time of transfer, in which
case the license will be transferred but it cannot be used to deploy a
vessel until one is designated. A designated vessel means any vessel
named on the license, including the same vessel that was named on the
license before the transfer.
The rule also provides for transfer requests by court order, by
operation of law, or as part of a security agreement. This provision
will accommodate a transfer that is not voluntarily requested by the
permit holder. Under those circumstances, the Regional Administrator
will review the information in the transfer application or other
documents and determine whether the requested transfer conflicts with
other provisions of the LLP regulations or other applicable law (e.g.,
transfer to a person who could not document a fishing vessel under
Chapter 121, Title 46, U.S.C.). If the Regional Administrator
determines that the transfer (1) is not in conflict with other
provisions of the LLP and (2) is not voluntary, the transfer will be
allowed notwithstanding the annual limit on LLP license transfers
explained here.
A request to change the vessel designated on the license is closely
related to a transfer of a license between two persons. A license
holder may deploy only the vessel designated on the license; therefore,
a person must request a change of that designated vessel if the license
holder plans to deploy a vessel other than the one currently designated
on the license. A request to change the vessel designated on the
license can be done at the same time and on the same form as the
license transfer. Alternatively, the transferee may choose to retain
the vessel designated on the license before the transfer. These
designations are considered part of the transfer and will not count
separately towards the annual transfer limit explained here. If the
transferee chooses not to designate a vessel at time of transfer (i.e.,
specifies ``none'' on the transfer form), the license cannot be used
until a vessel is designated. The vessel designation that occurs after
a transfer in which a person designates no vessel will not count
separately towards the annual limit on transfers. Otherwise, a request
to change the vessel designated on the license will be counted towards
the annual limit on transfers.
Finally, a license holder is limited to one voluntary license
transfer (or one designated vessel change not accompanying a transfer)
per calendar year. This limit is designed to restrict the incidence of
intraseason movement of licenses among operators and vessels.
Intraseason movement of licenses was identified by the Council as
behavior that could significantly contribute to overcapacity and excess
effort in the affected fisheries.
Comments on and Changes to the Proposed Rule
NMFS received no comments on the proposed rule and made only non-
substantive changes to the regulatory text as proposed. Besides changes
for clarity and readability, a provision was added at
Sec. 679.4(k)(7)(v) indicating the transfer process must be used to
change a vessel designated on an LLP license. The preamble to the
proposed rule indicated that the transfer process would have to be used
to change the vessel designated on the license. This activity, under
both the proposed and final rules, would count toward the voluntary
transfer limit.
NOAA codifies its OMB control numbers for information collection at
15 CFR part 902. Part 902 collects and displays the control numbers
assigned to information collection requirements of NOAA by OMB pursuant
to the Paperwork Reduction Act (PRA). This final rule codifies OMB
control number 0648-0334 for Sec. 679.4(k)(6) and (k)(7).
Under NOAA Administrative Order 25-11, dated December 17, 1990, the
Under Secretary for Oceans and Atmosphere has delegated to the
Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
The Regional Administrator has determined that this rule is
necessary for the conservation and management of the groundfish
fisheries off Alaska and the Commercial king and Tanner crab fisheries
in the Bering Sea and the Aleutian Islands and that it is consistent
with the Magnuson-Stevens Fishery Conservation and Management Act and
other applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation, Department of Commerce, certified
to
[[Page 42828]]
the Chief Counsel for Advocacy of the Small Business Administration
when this rule was proposed that, if adopted as proposed, it 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.
Notwithstanding any other provisions of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with a collection of information, subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
This rule contains a revised collection-of-information requirement
subject to the Paperwork Reduction Act (PRA). This revision has
approved by OMB under control number 0648-0334. The public reporting
burden for this collection of information is estimated to average 2.5
hours per response for an application for initial issuance, 1 hour per
response for an application for transfer, and 4 hours per response for
an appeal. These response times include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of the data requirements, including
suggestions for reducing the burden, to NMFS, P.O. Box 21668, Juneau,
AK 99802, and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 (Attn: NOAA Desk
Officer). OMB approved the original collection of information
requirement for the LLP under OMB control number 0648-0334. Please
refer to this number in any correspondence regarding this request.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 30, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR part 902, chapter
IX, and 50 CFR part 648, chapter VI, are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, the table in paragraph (b) is amended by adding
under 50 CFR the following entries in numerical order:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
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CFR part or section where the information Current OMB control (all
collection requirement is located numbers begin with 0648)
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* * * * *
50 CFR
* * * * *
679.4(k)(6)(iii) -0334
679.4(k)(6)iv) -0334
679.4(k)(7)(iii) -0334
* * * * *
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50 CFR Chapter VI
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.2, the definition for ``Official LLP record'' is
added in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
Official LLP record means the information prepared by the Regional
Administrator about vessels that were used to participate in the
groundfish and crab fisheries during the qualifying peiods for the
License Limitation Program (LLP). Information in the official LLP
record includes vessel ownership information, documented harvests made
from vessels during the qualification periods, and vessel
characteristics. The official LLP record is presumed to be correct for
the purpose of determining eligibility for licenses. An applicant for a
license under the LLP will have the burden of proving that information
submitted in an application that is inconsistent with the official LLP
record is correct.
* * * * *
3. In Sec. 679.4, reserved paragraphs (k)(6) and (k)(7) are added
to read as follows:
Sec. 679.4 Permits.
* * * * *
(k) * * *
(6) Application for a groundfish license or a crab species license.
(i) General. The Regional Administrator will issue a groundfish license
or a crab species license to an applicant if a complete application is
submitted by or on behalf of the applicant during the specified
application period, and if that applicant meets all the criteria for
eligibility in paragraph (k) of this section. An application that is
postmarked or delivered after the ending date for the application
period for the License Limitation Program specified in the Federal
Register will be denied. An application form will be sent to the last
known address of a person identified as an eligible applicant by the
official LLP record. An application form may be requested from the
Regional Administrator.
(ii) Application period. An application period of no less than 90
days will be specified by notification in the Federal Register and
other information sources deemed appropriate by the Regional
Administrator.
(iii) Contents of application. To be complete, an application for a
groundfish license or a crab species license must be signed by the
applicant, or the individual representing the applicant, and contain
the following, as applicable:
(A) Name, business address, telephone number, and FAX number of the
applicant;
(B) Name, state registration number (e.g., ADF&G number), and, if
applicable, the USCG documentation number of the vessel being used as
the basis for eligibility for a license; and name, state registration
number (e.g., ADF&G number), and, if applicable, the USCG documentation
number of the vessel to be deployed with the license if different than
the vessel used as the basis of eligibility for a license;
(C) Name of the managing company, if any;
(D) Valid evidence of the documented harvests that are the basis of
eligibility for a license, including harvest area, gear used, date of
landing, and, if applying for a crab species license, species;
(E) Valid evidence of LOA on June 24, 1992, of the vessel used as
the basis of eligibility for a license, except if that
[[Page 42829]]
vessel was under reconstruction on that date, valid evidence of LOA on
the date reconstruction was completed and valid evidence of when
reconstruction began and ended;
(F) Valid evidence of LOA on June 17, 1995, of the vessel used as
the basis of eligibility for a license, except if that vessel was under
reconstruction on that date, valid evidence of LOA on the date
reconstruction was completed, and valid evidence of when reconstruction
began and ended;
(G) Valid evidence to support the applicant's claim for a vessel
designation of catcher vessel or catcher/processor vessel;
(H) Valid evidence of ownership of the vessel being used as the
basis for eligibility for a license (for USCG documented vessels, valid
evidence must be the USCG Abstract of Title), or if eligibility is
based on a fishing history that has been separated from a vessel, valid
evidence of ownership of the fishing history being used as the basis of
eligibility for a license; and
(I) Valid evidence of the LOA of the vessel to be deployed by the
license if different than the vessel used as the basis for eligibility
for a license.
(iv) Other information required for special circumstances.
(A) Successor-in-interest. If an applicant is applying as the
successor-in-interest to an eligible applicant, an application, to be
complete, also must contain valid evidence proving the applicant's
status as a successor-in-interest to that eligible applicant and:
(1) Valid evidence of the death of that eligible applicant at the
time of application, if the eligible applicant was or is an individual;
or
(2) Valid evidence that the eligible applicant is no longer in
existence at the time of application, if the eligible applicant is not
an individual.
(B) Norton Sound crab species license endorsement. If an applicant
is applying for a crab species license endorsement for Norton Sound and
if the applicant is a person, an application, to be complete, must
contain valid evidence that the applicant was a State of Alaska permit
holder for the Norton Sound king crab summer fishery in 1993 or 1994.
If the applicant is a corporation, an application, to be complete, must
contain valid evidence that the corporation owned or had a lease for a
vessel on June 17, 1995, that participated in the Norton Sound king
crab summer fishery in 1993 or 1994.
(C) Extended general qualification period. If an applicant is
applying for a license based on meeting the general qualification
period requirements of paragraph (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of
this section, the application, to be complete, must indicate which
single endorsement area the applicant has selected for license. A
license cannot be endorsed for more than one area, notwithstanding the
fact that the applicant may have the documented harvests to qualify for
more than one endorsement area.
(D) Unavoidable circumstances. If an applicant is applying for a
license based on an unavoidable circumstance pursuant to paragraph
(k)(8)(iv) of this section, an application, to be complete, must
contain the information required by that paragraph and valid evidence
of the date the vessel on which the application is based was lost,
damaged, or otherwise unable to participate in the fishery, and the
date a documented harvest was made from the replacement vessel.
(v) Application evaluation. The Regional Administrator will
evaluate an application submitted during the specified application
period and compare all claims in the application with the information
in the official LLP record. Claims in the application that are
consistent with information in the official LLP record will be accepted
by the Regional Administrator. Inconsistent claims in the application,
unless verified by evidence, will not be accepted. Pursuant to
paragraph (k)(6)(vii) of this section, an applicant who submits
inconsistent claims, or an applicant who fails to submit the
information specified in paragraphs (k)(6)(iii) and (k)(6)(iv) of this
section, will be provided a 60-day evidentiary period pursuant to
paragraph (k)(6)(vii) of this section to submit the specified
information, submit evidence to verify his or her inconsistent claims,
or submit a revised application with claims consistent with information
in the official LLP record. An applicant who submits claims that are
inconsistent with information in the official LLP record has the burden
of proving that the submitted claims are correct.
(vi) Additional information or evidence. The Regional Administrator
will evaluate additional information or evidence to support an
applicant's inconsistent claims submitted within the 60-day evidentiary
period pursuant to paragraph (k)(6)(vii) of this section. If the
Regional Administrator determines that the additional information or
evidence meets the applicant's burden of proving that the inconsistent
claims in his or her application is correct, the official LLP record
will be amended and the information will be used in determining whether
the applicant is eligible for a license. However, if the Regional
Administrator determines that the additional information or evidence
does not meet the applicant's burden of proving that the inconsistent
claims in his or her application is correct, the applicant will be
notified by an initial administrative determination, pursuant to
paragraph (k)(6)(viii) of this section, that the applicant did not meet
the burden of proof to change the information in the official LLP
record.
(vii) 60-day evidentiary period. The Regional Administrator will
specify by letter a 60-day evidentiary period during which an applicant
may provide additional information or evidence to support the claims
made in his or her application, or to submit a revised application with
claims consistent with information in the official LLP record, if the
Regional Administrator determines that the applicant did not meet the
burden of proving that the information on the application is correct
through evidence provided with the application. Also, an applicant who
fails to submit information as specified in paragraphs (k)(6)(iii) and
(k)(6)(iv) of this section will have 60 days to provide that
information. An applicant will be limited to one 60-day evidentiary
period. Additional information or evidence, or a revised application,
received after the 60-day evidentiary period specified in the letter
has expired will not be considered for purposes of the initial
administrative determination.
(viii) Initial administrative determinations (IAD). The Regional
will prepare and send an IAD to the applicant following the expiration
of the 60-day evidentiary period if the Regional Administrator
determines that the information or evidence provided by the applicant
fails to support the applicant's claims and is insufficient to rebut
the presumption that the official LLP record is correct, or if the
additional information, evidence, or revised application is not
provided within the time period specified in the letter that notifies
the applicant of his or her 60-day evidentiary period. The IAD will
indicate the deficiencies in the application, including any
deficiencies with the information, the evidence submitted in support of
the information, or the revised application. The IAD will also indicate
which claims cannot be approved based on the available information or
evidence. An applicant who receives an IAD may appeal pursuant to
Sec. 679.43. An applicant who avails himself or herself of the
opportunity to appeal an IAD will not receive a transferable license
until after the final resolution of that appeal, notwithstanding the
eligibility of that applicant for some claims based on
[[Page 42830]]
consistent information in the application.
(ix) Issuance of a non-transferable license. The Regional
Administrator will issue a non-transferable license to the applicant on
issuance of an IAD if required by the license renewal provisions of 5
U.S.C. 558. A non-transferable license authorizes a person to deploy a
vessel to conduct directed fishing for license limitation groundfish or
crab species as specified on the non-transferable license, and will
have the specific endorsements and designations based on the claims in
his or her application. A non-transferable license will expire upon
final agency action.
(7) Transfer of a groundfish license or a crab species license--(i)
General. The Regional Administrator will transfer a groundfish license
or a crab species license if a complete transfer application is
submitted to Restricted Access Management, Alaska Region, NMFS, and if
the transfer meets the eligibility criteria as specified in paragraph
(k)(7)(ii) of this section. An application form may be requested from
the Regional Administrator.
(ii) Eligibility criteria for transfers. A groundfish license or
crab species license can be transferred if:
(A) The designated transferee is eligible to document a fishing
vessel under Chapter 121, Title 46, U.S.C.;
(B) The parties to the transfer do not have any fines, civil
penalties, other payments due and outstanding, or outstanding permit
sanctions resulting from Federal fishing violations;
(C) The transfer will not cause the designated transferee to exceed
the license caps in Sec. 679.7(i); and
(D) The transfer does not violate any other provision specified in
this part.
(iii) Contents of application. To be complete, an application for a
groundfish license transfer or a crab species license transfer must be
signed by the license holder and the designated transferee, or the
individuals representing them, and contain the following, as
applicable:
(A) Name, business address, telephone number, and FAX number of the
license holder and the designated transferee;
(B) Name, state registration number (e.g., ADF&G number), and, if
applicable, the USCG documentation number of the vessel to be deployed
with the license (i.e., the designated vessel) after the transfer is
approved;
(C) Valid evidence that the designated transferee is a person
eligible to document a fishing vessel under Chapter 121, Title 46,
U.S.C.;
(D) A legible copy of a contract or sales agreement that specifies
the license to be transferred, the license holder, the designated
transferee, the monetary value or the terms of the license transfer,
and the signature of the license holder and the designated transferee;
and
(E) Information regarding whether a broker was used for the
transaction, whether the license was collateralized, and other
information the Regional Administrator deems necessary for measuring
program performance.
(iv) Incomplete applications. The Regional Administrator will
return an incomplete transfer application to the applicant and identify
any deficiencies if the Regional Administrator determines that the
application does not meet all the criteria identified in paragraph
(k)(7) of this section.
(v) Transfer by court order, operation of law, or as part of a
security agreement. The Regional Administrator will transfer a
groundfish license or a crab species license based on a court order,
operation of law, or a security agreement if the Regional Administrator
determines that the transfer application is complete and the transfer
will not violate any of the provisions of this section.
(vi) Voluntary transfer limitation. A groundfish license or a crab
species license may be voluntarily transferred only once in any
calendar year. A voluntary transfer is a transfer other than one
pursuant to a court order, operation of law, or a security agreement.
An application for transfer that would cause a person to exceed the
transfer limit of this provision will not be approved.
(vii) Request to change the designated vessel. A request to change
the vessel designated on an LLP groundfish or crab species license must
be made on a transfer application. If this request is approved and made
separately from a license transfer, it will count towards the annual
limit on voluntary transfers specified in paragraph (k)(7)(vi) of this
section.
* * * * *
[FR Doc. 99-20206 Filed 8-5-99; 8:45 am]
BILLING CODE 3510-22-F