Fisheries of the Exclusive Economic Zone Off Alaska; License Limitation Program

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 990407088-9088-01; 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: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would amend the regulations

implementing the License Limitation Program (LLP) for the groundfish

fisheries and the king and tanner crab fisheries of the exclusive

economic zone (EEZ) off Alaska by adding an application process and a

transfer process for licenses. This proposed rule would establish an

application process for an LLP license by providing for an application

period, specifying the type of information necessary for license

eligibility, and providing the procedure for appealing agency

determinations that are made based on information and evidence provided

in support of applications. The proposed rule also would establish a

transfer process for LLP licenses. This action is necessary to complete

implementation of the LLP, a fishery management program recommended by

the North Pacific Fishery Management Council (Council), and intended to

further the objectives of the Fishery Management Plan (FMP) for the

Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI),

the Fishery Management Plan for Groundfish of Gulf of Alaska (GOA), and

the Fishery Management Plan for the Commercial King and Tanner Crab

Fisheries in the Bering Sea and Aleutian Islands.

DATES: Comments must be received by May 19, 1999.

ADDRESSES: Comments should be addressed 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, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J.

Gravel. Send comments regarding burden estimates or any other aspect of

the data requirements, including suggestions for reducing the burdens,

to NMFS and to the Office of Information and Regulatory Affairs, Office

of Management and Budget (OMB), Washington, DC 20503, Attn: NOAA Desk

Officer.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries

of the GOA and the BSAI in the exclusive economic zone (EEZ) pursuant

to the FMPs for groundfish in the respective management areas. The

state of Alaska manages the commercial king crab and Tanner crab

fisheries in the Bering Sea and the Aleutian Islands with Federal

oversight, pursuant to the FMP for those fisheries. The Council

prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation

and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq.

Regulations at 50 CFR part 679 implemented the FMPs. General

regulations at 50 CFR 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 Bering Sea and Aleutian Islands fishing is

scheduled to begin January 1, 2000. The LLP will replace the Vessel

Moratorium Program (VMP), which is scheduled to expire December 31,

1999 (64 FR 3651, January 25, 1999). The VMP which was implemented to

curtail increases in fishing capacity and to provide industry stability

while the Council developed and NMFS implemented a comprehensive

solution for the affected fisheries. The LLP is an integral part of

that solution.

The Council took final action to recommend the LLP in June 1995.

The design and implementation of the LLP required more time than

originally anticipated. When the final rule implementing the LLP was

published on October 1, 1998 (63 FR 52642), the application process and

the transfer process were postponed for further development. Paragraphs

at Sec. 679.4(k)(6) [Application Process] and Sec. 679.4(k)(7)

[Transfer Process] were reserved to allow for the inclusion of these

processes.

Application Process for LLP Licenses

This proposed rule would provide for a one-time application period

of no less than 90 days to be specified by a notice in the Federal

Register. NMFS anticipates that the application period for LLP licenses

will be in the second half of 1999. All applications for LLP licenses

would have to be submitted during the time period specified for

applying for a license. Applications postmarked after the ending date

for the application period would be denied.

In anticipation of the information that will be necessary to

evaluate and verify the claims of an applicant, NMFS is compiling a

database containing information on vessels that were used to

participate in the groundfish and crab fisheries during the qualifying

periods for licenses. This database will constitute the official LLP

record that will contain only complete and verifiable information and

that, under this proposed rule, would be used for the purpose of

determining eligibility for a license. An applicant who includes

information in an application that is inconsistent with information in

the

[[Page 19114]]

official LLP record would have the burden of proving that the

information submitted in the application is correct.

NMFS would compare the official LLP record for each applicant with

the qualification criteria specified in the LLP final rule (63 FR

52642, October 1, 1998). Based on that comparison, NMFS would prepare a

summary of qualifications for those applicants appearing to be

eligible. NMFS would send these applicants an application form and a

copy of the summary of qualifications. Application forms also would be

available on request. Applicants who agree with the summary of

qualifications would merely need to complete the application with the

provided data and include any other information requested on the form.

Using the information from the summary of qualifications (by either

NMFS or the applicant) is intended to expedite application processing

because this information would be consistent with information in the

official LLP record.

If an applicant agrees with the information in the summary of

qualifications, and the information is sufficient to qualify the

applicant for a license, NMFS would issue a license to the applicant at

the conclusion of the application period. However, if an applicant

disagrees with the information provided in the summary of

qualifications, the applicant would have 60 days to submit information

in the application other than that contained in the summary of

qualifications. For example, an applicant could provide state fish

tickets or Weekly Production Reports to verify documented harvests not

found in the official LLP record. Or, an applicant could provide a

sales contract verifying vessel ownership. Unsubstantiated or

incompletely verified information would not be accepted. If an

applicant is able to meet the burden of proving that the information

submitted in the application is correct and sufficient to qualify the

applicant for a license, NMFS would issue a license to the applicant at

the conclusion of the application period.

If the applicant submits information in the application that is

inconsistent with the information in the official LLP record but cannot

be verified with evidence provided with the application, NMFS would not

accept that information. NMFS would notify the applicant that the

information provided in the application is inconsistent with

information in the official LLP record or that necessary information is

missing. The applicant would have 60 days in which to submit evidence

to prove that the information provided in the application is correct or

to submit missing information. An applicant would be limited to one 60-

day period to submit evidence or to correct or submit missing

information.

If information in the application could not be substantiated or

verified at the conclusion of the 60-day evidentiary period, NMFS would

issue an initial administrative determination (IAD) indicating which

information in the application is not accepted, and why. Applicants

would then have an opportunity to appeal that IAD to the Regional

Administrator. Section 679.43(d) currently provides that an appeal must

be filed no later than 60 days after the date an IAD is issued.

Upon the filing of an appeal an appellate officer would perform an

initial review. Two possible outcomes could result from that review.

The appellate officer could (1) issue a decision on the merits of the

appeal or (2) accept the appeal for further proceedings. An initial

review of an applicant's appeal would result in an issuance of a

decision on the merits if it is apparent that, although all claims are

decided in favor of the applicant, he or she still would not qualify

for the relief requested, or that the grounds of the appeal involve

claims outside the appellate officer's jurisdiction (i.e., that the

regulations are illegal).

An applicant who was issued a license the previous year would be

eligible for a non-transferable license pending the final resolution of

his or her claim pursuant to the license renewal provisions of 5 U.S.C.

558. The non-transferable license would authorize the applicant to

deploy a vessel to conduct directed fishing for license limitation

groundfish or crab species as specified on the license and would have

specific endorsements and designations based on verified and unverified

claims of the applicant. A non-transferable license could be granted to

an applicant at one of two points in the resolution of his or her

claim. First, a non-transferable license could be granted to an

applicant in the IAD if the applicant failed to support a credible

claim with sufficient evidence, but NMFS determines that the applicant

could prove his or her claim on appeal. The non-transferable license

would be effective until final agency action. Second, issuance of a

non-transferable license could be ordered by an appellate officer, even

if a non-transferable license was not issued in the IAD. Again, this

non-transferable license would be effective until final agency action.

If any portion of an applicant's claim is in dispute, the entire

license the applicant would receive would be non-transferable,

including portions of the license that could have been verified and

issued, until final resolution of the disputed claim. This provision

would give effect to the LLP's prohibition on severing a license.

Otherwise, if an applicant was granted a fully transferable portion of

a license while a disputed claim was being resolved, the applicant

could transfer the granted portion to another person. This transfer

would result in two participants in the affected fisheries, instead of

only one, if the applicant prevailed in the appeal and another license

was issued. To prevent this occurrence, an applicant's entire license

would be non-transferable pending a final agency action. A non-

transferable license would expire on final agency action. At that time,

the person who appealed would 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 would enable a license holder

to request a transfer of an LLP license to any person who meets the

eligibility requirements. Eligibility requirements would include (1)

the designated transferee being eligible to document a fishing vessel

under Chapter 121, Title 46, U.S.C., (2) the parties to the transfer

having no fines, civil penalties, other payments due and outstanding,

or outstanding permit sanctions resulting from Federal fishing

violations, and (3) the transfer not causing the designated transferee

to exceed the license cap in Sec. 679.7.

A license holder also would need to request a transfer if the

license holder plans to use the license on a vessel other than the one

designated on the license. A license would be valid for use only on the

vessel designated on the license; therefore the transfer procedure must

be used to change the vessel designated on the license.

A complete application would have to be submitted to the

Administrator, Alaska Region, for approval before a transfer could

occur. Application forms would be available on request. NMFS would

return incomplete applications to the applicant and would identify

specific information that is necessary to make the application

complete. Information that would be required in the application

includes (1) identification information for all parties to the

transfer, (2) identification information for the vessel on which the

license will be used, (3) documentation of the eligibility of the

designated transferee to document a fishing vessel,

[[Page 19115]]

(4) a copy of the contract or sales agreement for the transfer, and (5)

the signatures of the parties to the transfer.

The proposed rule also would provide for transfer requests by court

order, operation of law, or as part of a security agreement. This

provision contemplates that some transfers might not be voluntarily

requested by the permit holder. Under those circumstances, the

Administrator, Alaska Region, would review the information in the

transfer application or other document and determine whether the

requested transfer would conflict with other provisions of the LLP

regulations (e.g., transfer to a person who could not document a

fishing vessel under Chapter 121, Title 46, U.S.C.).

Finally, a license could not be transferred more than once per

calendar year. This limitation should restrict the incidence of

intraseason movement of licenses among vessels and operators. The

Council identified intraseason movement of licenses and vessels as

behavior that could contribute to overcapacity and excess effort in the

affected fisheries.

Classification

At this time, NMFS has not determined that this rule is consistent

with the national standards of the Magnuson-Stevens Act and other

applicable laws. NMFS, in making that determination, will take into

account the data, views, and comments received during the comment

period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

An EA/RIR was prepared for the LLP, of which this rule is a part.

The EA/RIR describes the management background, the purpose and need

for action, the management action alternatives, and the socio-economic

impacts of the alternatives. It estimates the total number of small

entities affected by this action and analyzes the economic impact on

those small entities. Based on the economic analysis in the EA/RIR, the

Chief Counsel for Regulation of the Department of Commerce certified to

the Chief Counsel for Advocacy of the Small Business Administration

that this proposed rule, if adopted, would not have a significant

economic impact on a substantial number of small entities for the

following reason:

Although most fishing operations that would be affected by this

rule are considered small entities, these entities would not experience

``significant economic impact'' as a result of this rule. NMFS

estimates that 3,450 persons will apply for a license under the LLP.

Estimated completion time per application is 2.5 hours. Given the small

time burden associated with application completion, any economic costs

would not cause a ``significant economic impact.'' NMFS estimates that

10 percent of all applicants (345 of 3,450) will transfer a license

annually. Estimated completion time per transfer is 1 hour. This

completion time is less than the completion time contemplated for the

application process. Given the small time burden associated with an

application for a transfer, and the small percentage of affected

entities, any economic costs would not cause a ``significant economic

impact to a substantial number of small entities.''

As a result, an initial regulatory flexibility analysis was not

prepared.

Notwithstanding any other provision of the law, no person is

required to respond to, nor shall any person be subject to a 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 proposed rule contains a revised collection-of-information

requirement subject to review and approval by OMB under the Paperwork

Reduction Act (PRA). This revision has been submitted to OMB for

approval. 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. 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.

Public comment is sought regarding: whether this proposed

collection of information is necessary for the proper performance of

the functions of the agency, including whether the information shall

have practical utility; the accuracy of the burden estimate; ways to

enhance the quality, utility, and clarity of the information to be

collected; and ways to minimize the burden of the collection of

information, including through the use of automated collection

techniques or other forms of information technology. Send comments on

these or any other aspects of the collection of information to NMFS

(see ADDRESSES above), and to OMB at the Office of Information and

Regulatory Affairs, Office of Management and Budget, Washington, DC.

20503 (Attention: NOAA Desk Officer).

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: April 14, 1999.

Penelope D. Dalton,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For reasons set out in the preamble, 50 CFR part 679 is proposed to

be amended as follows:

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 assembled by the Regional

Administrator about vessels that were used to participate in the

groundfish and crab fisheries during the qualifying periods for the

License Limitation Program. 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 License Limitation Program has the burden of proving that

information submitted in an application that is at variance with the

official LLP record is correct.

* * * * *

3. In Sec. 679.4, text is added to paragraphs (k)(6) and (7) 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 eligible applicant

if that applicant meets all the criteria for eligibility in paragraph

(k) of this section, a complete and timely application is filed by or

on behalf of the applicant, and the complete application is approved by

the Regional Administrator. An application form will be sent to the

last known address of a

[[Page 19116]]

person identified as an eligible applicant by the Official LLP Record.

The Regional Administrator will provide an application form to any

person who requests one.

(ii) Application period. An application period of no less than 90

days will be specified by notice 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 contain the following

information:

(A) Name(s), business address(es), telephone number(s), and FAX

number(s) of the applicant(s);

(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 documentation 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 documentation of LOA on June 24, 1992, of the vessel used

as the basis of eligibility for a license. If that vessel was under

reconstruction on that date, valid documentation of LOA on the date

reconstruction was completed and valid documentation of when

reconstruction began and ended;

(F) Valid documentation of LOA on June 17, 1995, of the vessel used

as the basis of eligibility for a license. If that vessel was under

reconstruction on that date, valid documentation of LOA on the date

reconstruction was completed and valid documentation of when

reconstruction began and ended;

(G) Valid documentation to support the applicant's claim for a

vessel designation of catcher vessel or catcher/processor vessel;

(H) Valid documentation of ownership of the vessel being used as

the basis for eligibility for a license (for USCG documented vessels,

valid documentation must be the USCG Abstract of Title), or, if

eligibility is based on a fishing history that has been separated from

a vessel, valid documentation of ownership of the fishing history being

used as the basis of eligibility for a license;

(I) Valid documentation 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; and

(J) Signature of the applicant(s), or the individual responsible

for representing the applicant(s).

(iv) Other information required for special circumstances. To be

complete, an application also must contain the following information

for these special circumstances.

(A) Successor-in-interest. An applicant applying as the successor-

in-interest to an eligible applicant must provide valid documentation

proving the applicant's status as a successor-in-interest to that

eligible applicant and:

(1) valid documentation of death or disability of that eligible

applicant at the time of application, if the eligible applicant was or

is an individual; or

(2) valid documentation that that 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. In addition to

other information that must be provided pursuant to paragraph

(k)(6)(iii) of this section, an applicant for a crab species license

endorsement for Norton Sound must indicate whether he or she was a

State of Alaska permit holder for the Norton Sound king crab summer

fishery in 1993 or 1994 or for a corporation that 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. An applicant for a

license based on meeting the general qualification period documented

harvest requirement of making a documented harvest with jig or pot gear

between June 28, 1992, and December 31, 1994, pursuant to paragraph

(k)(4)(i)(A)(2) or (B)(2) of this section, must select one endorsement

area for license issuance, notwithstanding the fact that the applicant

may have the documented harvests necessary to qualify for more than one

endorsement area.

(D) Unavoidable circumstances. An applicant for a license based on

an unavoidable circumstance pursuant to paragraph (k)(8)(iv) of this

section must provide the information required by that paragraph, 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 all timely filed applications. A timely filed application is

an application that is postmarked before the ending date for the

application period for the License Limitation Program specified in the

Federal Register. All claims and data in the application will be

compared with information and data from the Official LLP Record. Any

claims or data in the application that are consistent with the

information and data from the Official LLP Record are uncontested data.

Uncontested data in the application will be accepted by the Regional

Administrator. Uncontested data will be used by the Regional

Administrator, in determining whether the applicant is eligible for a

license as claimed in the application. Any claims or data in the

application that are inconsistent with the information and data from

the Official LLP Record are contested data. Contested data in

applications will not be accepted. Pursuant to paragraph (k)(6)(vii) of

this section, an applicant who submits contested data, or an applicant

who fails to submit data as specified in paragraphs (k)(6)(iii) and

(iv), will have 60 days to submit additional information, submit

evidence to support his or her contested data, or submit a revised

application with claims consistent with data in the Official LLP

Record.

(vi) Additional information or evidence. Additional information or

evidence to support an applicant's contested data will be evaluated by

the Regional Administrator if 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 contested

data in his or her application are correct, the Official LLP Record

will be amended and the data 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 contested data

in his or her application are correct, the applicant will be notified

by an initial administrative determination, pursuant to paragraph

(k)(6)(viii) of this section, that the information or evidence

submitted is insufficient to change the Official LLP Record.

(vii) Sixty-day evidentiary period. An applicant who submits data

in the application that is inconsistent with the Official LLP Record

has the burden of proving that the submitted data are correct. If the

Regional Administrator determines that the applicant submitting the

data did not meet the burden of proving that the submitted

[[Page 19117]]

data are correct through information or evidence provided with the

application, that applicant will be notified and will have 60 days to

submit additional information or evidence to support the claims and

data in his or her application, or to submit a revised application with

claims and data consistent with the data in the Official LLP Record.

Also, an applicant who fails to submit data as specified in paragraphs

(k)(6)(iii) and (iv) of this section will have 60 days to submit that

data. 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 has expired will not be considered

for purposes of the initial administrative determination.

(viii) Initial administrative determinations (IAD). If, following

the receipt of additional information or a revised application, the

Regional Administrator determines that there is still insufficient

information or evidence to rebut the presumption that the Official LLP

Record is accurate, or, if the submitted information, evidence, or

revised application is not submitted within the time period indicated

in the 60-day evidentiary period notification letter, an IAD will be

prepared and sent to the applicant who had submitted the application

with contested or missing data. The IAD will explain the deficiency in

the contested or missing data, the deficiency in the additional

information or evidence submitted in support of the contested or

missing data, or the deficiency in 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

will have an opportunity to 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 uncontested data in the application.

(ix) Issuance of a non-transferable license. When required by the

license renewal provisions of 5 U.S.C. 558, NMFS will issue a non-

transferable license to an applicant on issuance of an IAD, or

alternatively, by order of an appellate officer. NMFS may issue a non-

transferable license when NMFS issues an IAD if an applicant failed to

support his or her claim with sufficient evidence, but NMFS determines

that the applicant's claim is credible and may be proven on appeal.

NMFS may issue a non-transferable license to an applicant pursuant to

an order of an appellate officer pending final agency action if a non-

transferable license was not issued with the IAD. 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. NMFS will transfer a groundfish license or a crab species

license if a license holder and designated transferee meet all the

eligibility criteria for transfers in paragraph (k)(7)(ii) of this

section and the license holder submits a complete application that is

subsequently approved by the Regional Administrator. NMFS will provide

an application form to any person who requests one.

(ii) Eligibility criteria for transfers. NMFS will not approve a

groundfish license or crab species license transfer if:

(A) The designated transferee is not eligible to document a fishing

vessel under Chapter 121, Title 46, U.S.C.;

(B) There are fines, civil penalties, other payments due and

outstanding, or outstanding permit sanctions resulting from Federal

fishing violations involving any party to the transfer;

(C) The transfer will cause the designated transferee to exceed the

license caps in Sec. 679.7(j); or

(D) The transfer violates other provisions 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

contain the following information, as applicable:

(A) Name(s), business address(es), telephone number(s), FAX

number(s), 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 on which the

license will be used after the transfer is approved:

(C) Valid documentation 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;

(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; and

(F) Signature of the license holder and the designated transferee,

or of the individuals responsible for representing those persons.

(iv) Incomplete applications. NMFS will return to the applicant a

transfer application that is determined to be incomplete by the

Regional Administrator. The returned application will identify the

specific kinds of information necessary to make the application

complete.

(v) Transfer by court order, operation of law, or as part of a

security agreement. The Regional Administrator will approve a complete

transfer application based on a court order, operation of law, or a

security agreement, if the transfer does not conflict with any of the

provisions of this section.

(vi) Transfer Limitation. A groundfish license or a crab species

license may be transferred only once in any calendar year. NMFS will

not approve an application for transfer that violates this provision.

[FR Doc. 99-9731 Filed 4-16-99; 8:45 am]

BILLING CODE 3510-22-P