Fisheries of the Northeastern United States; Atlantic Bluefish and Summer Flounder Fisheries, 53969-53970 [05-18088]
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Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations
reparable and consumable items required for
maintenance support of all equipment,
excluding medical-peculiar repair parts; and
(ii) Are being shipped to—
(A) Defense Distribution Depot,
Susquehanna, PA: DoDAAC W25G1U or
SW3124; or
(B) Defense Distribution Depot, San
Joaquin, CA: DoDAAC W62G2T or SW3224.
(2) Bulk commodities are excluded from
the requirements of paragraph (b)(1) of this
clause.
(c) The Contractor shall ensure that—
(1) The data encoded on each passive RFID
tag are unique (i.e., the binary number is
never repeated on any and all contracts) and
conforms to the requirements in paragraph
(d) of this clause;
(2) Each passive tag is readable at the time
of shipment in accordance with MIL–STD–
129 (Section 4.9.1.1) readability performance
requirements; and
(3) The passive tag is affixed at the
appropriate location on the specific level of
packaging, in accordance with MIL–STD–129
(Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The
Contractor shall use one or more of the
following data constructs to write the RFID
tag identification to the passive tag,
depending upon the type of passive RFID tag
being used in accordance with the tag
construct details located at http:
//www.dodrfid.org/tagdata.htm (version in
effect as of the date of the solicitation):
(1) Class 0, 64 Bit Tag—EPCglobal
Serialized Global Trade Item Number
(SGTIN), Global Returnable Asset Identifier
(GRAI), Global Individual Asset Identifier
(GIAI), or Serialized Shipment Container
Code (SSCC).
(2) Class 0, 64 Bit Tag—DoD Tag Construct.
(3) Class 1, 64 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(4) Class 1, 64 Bit Tag—DoD Tag Construct.
(5) Class 0, 96 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(6) Class 0, 96 Bit Tag—DoD Tag Construct.
(7) Class 1, 96 Bit Tag—EPCglobal SGTIN,
GRAI, GIAI, or SSCC.
(8) Class 1, 96 Bit Tag—DoD Tag Construct.
(e) Receiving report. The Contractor shall
electronically submit advance shipment
notice(s) with the RFID tag identification
(specified in paragraph (d) of this clause) in
advance of the shipment in accordance with
the procedures at https://www.dodrfid.org/
asn.htm.
(End of Clause)
[FR Doc. 05–18025 Filed 9–12–05; 8:45 am]
BILLING CODE 5001–08–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050708184–5235–02; I.D.
070105B]
RIN 0648–AT50
Fisheries of the Northeastern United
States; Atlantic Bluefish and Summer
Flounder Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
amend the regulations implementing the
Fishery Management Plan (FMP) for the
Atlantic bluefish fishery and the FMP
for the summer flounder, scup, and
black sea bass fisheries. This rule makes
administrative changes that will allow
NMFS to consider and process state
commercial quota transfer requests that
address late-season circumstances that
necessitate a state quota transfer. The
intent of this action is solely to provide
the flexibility to address unpredictable
late-season events (such as severe
weather or port obstruction) that may
result in safety concerns in the
commercial bluefish and summer
flounder fisheries.
DATES: Effective October 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy
Analyst, (978) 281–9279.
SUPPLEMENTARY INFORMATION:
Background
The bluefish and summer flounder
fisheries are managed cooperatively by
the Atlantic States Marine Fisheries
Commission (Commission) and the MidAtlantic Fishery Management Council
(Council), in consultation with the New
England and South Atlantic Fishery
Management Councils. Regulations
implementing the Atlantic Bluefish
FMP appear at 50 CFR part 648,
subparts A and J. Regulations
implementing the summer flounder
portion of the Summer Flounder, Scup,
and Black Sea Bass FMP appear at 50
CFR part 648, subparts A and G.
NMFS published a proposed rule to
amend the regulations regarding state
commercial bluefish and summer
flounder quota transfers on July 26,
2005 (70 FR 43111). A complete
discussion of the development of this
regulatory amendment appeared in the
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Fmt 4700
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53969
preamble of the proposed rule and is not
repeated here.
The current regulations, found at
§§ 648.160 and 648.100, respectively,
outline a process by which a state may
request written approval from the
Regional Administrator to transfer all or
part of its annual commercial bluefish
or summer flounder quota to one or
more other states. Currently, NMFS
maintains a policy of considering only
quota transfer requests submitted by
December 15 of each year in order to
ensure that a notice announcing the
quota transfer could be filed with the
Office of the Federal Register by the end
of the year for which the request is
made. However, the Council is
concerned that unforeseen
circumstances, such as severe weather
or physical obstruction, may prevent
vessels from returning safely to their
intended port of landing, and that this
situation has arisen and may continue to
arise during the second half of
December in any given year. End-of-year
transfers of quota allow vessels to land
in another state without causing
overharvest of that state’s fishing year
quota, provided that both states agree to
the transfer. NMFS agrees that this
administrative change in the regulations
will facilitate the consideration and
processing of state quota transfer
requests to address unpredictable lateseason events and consequent safety
issues in these fisheries. This rule
eliminates the references to time of
effectiveness in the bluefish and
summer flounder quota transfer and
combination regulations. With these
changes, quota transfer requests
addressing unforeseen conditions in
either fishery that arise late in the
fishing year could be approved, even if
the transfer request is made in the
subsequent fishing year. Any quota
transfer would continue to be valid only
for the calendar year for which the
request is made, and would therefore
have no impact on the resource or the
mortality objectives of the FMPs.
Comments and Responses
NMFS received three comment letters
regarding the proposed rule (70 FR
43111, July 26, 2005).
Comment 1: The State of North
Carolina and a North Carolina industry
association both indicated that the
proposed action would address safety
concerns, particularly for fishermen
using Oregon Inlet, NC, and would give
states the flexibility to allow fisheries to
continue through transfers of quota that
would otherwise not be harvested.
Response:
NMFS agrees and is implementing the
proposed action in this final rule.
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13SER1
53970
Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations
Comment 2: The other commenter
indicated general concern about
overfishing and opposition to the use of
quota transfers in any fishery.
Response: As discussed above, this
action is purely administrative in
nature, and is taken solely to facilitate
the consideration and processing of
state quota transfer requests to address
unpredictable late-season events in
these fisheries. Any quota transfer
would continue to be valid only for the
calendar year (and fishing year) for
which the request is made. Thus, there
would be no impacts on the resource or
mortality objectives of the FMPs. This
action would not make any substantive
change in the state commercial quota
transfer request or approval process for
these fisheries.
Classification
This 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 during
the proposed rule stage that this action
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.100, revise paragraph (d)(4)
to read as follows:
I
§ 648.100 Catch quotas and other
restrictions.
*
*
*
*
*
(d) * * *
(4) The transfer of quota or the
combination of quotas will be valid only
for the calendar year for which the
request was made.
*
*
*
*
*
I 3. In § 648.160, revise paragraph (f)(2)
to read as follows:
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15:30 Sep 12, 2005
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§ 648.160 Catch quotas and other
restrictions.
*
*
*
*
*
(f) * * *
(2) The transfer of quota or the
combination of quotas will be valid only
for the calendar year for which the
request was made.
*
*
*
*
*
[FR Doc. 05–18088 Filed 9–12–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333-5040-02 ; I.D.
090705D]
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
SUMMARY: NMFS is opening directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA) for 48 hours. This action is
necessary to allow the deep-water
species fisheries by vessels using trawl
gear in the GOA to resume.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 8, 2005, through
1200 hrs, A.l.t., September 10, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed directed fishing for
species that comprise the deep-water
species fishery by vessels using trawl
gear in the GOA under § 679.21(d)(7)(i)
on September 4, 2005 (70 FR 52326,
September 2, 2005).
NMFS has determined that
approximately 50 mt of halibut remain
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Fmt 4700
Sfmt 4700
in the fourth seasonal apportionments of
the 2005 Pacific halibut bycatch
allowance specified for the deep-water
species fishery in the GOA. Therefore,
in accordance with § § 679.25(a)(2)(i)(C)
and (a)(2)(iii)(D), and to allow the deepwater species fisheries by vessels using
trawl gear in the GOA to resume, NMFS
is terminating the previous closure and
is reopening directed fishing for species
that comprise the deep-water species
fishery by vessels using trawl gear in the
GOA. In accordance with
§ 679.21(d)(7)(i), the Administrator,
Alaska Region, NMFS, has determined
that the fourth seasonal apportionment
of the 2005 Pacific halibut bycatch
allowance specified for the trawl deepwater species fishery in the GOA will be
reached after 48 hours. Consequently,
NMFS is prohibiting directed fishing for
the deep-water species fishery by
vessels using trawl gear in the GOA after
48 hours. Therefore the reopening is
effective 1200 hrs, Alaska local time
(A.l.t.), September 8, 2005, through 1200
hrs, A.l.t., September 10, 2005.
The species and species groups that
comprise the deep-water species fishery
are all rockfish of the genera Sebastes
and Sebastolobus, deep-water flatfish,
rex sole, arrowtooth flounder, and
sablefish.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
unduly delay the opening of the fishery.
NMFS was unable to publish an action
providing time for public comment
because the most recent, relevant data
only became available as of August 7,
2005.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\13SER1.SGM
13SER1
Agencies
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Pages 53969-53970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18088]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050708184-5235-02; I.D. 070105B]
RIN 0648-AT50
Fisheries of the Northeastern United States; Atlantic Bluefish
and Summer Flounder Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to amend the regulations
implementing the Fishery Management Plan (FMP) for the Atlantic
bluefish fishery and the FMP for the summer flounder, scup, and black
sea bass fisheries. This rule makes administrative changes that will
allow NMFS to consider and process state commercial quota transfer
requests that address late-season circumstances that necessitate a
state quota transfer. The intent of this action is solely to provide
the flexibility to address unpredictable late-season events (such as
severe weather or port obstruction) that may result in safety concerns
in the commercial bluefish and summer flounder fisheries.
DATES: Effective October 13, 2005.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy
Analyst, (978) 281-9279.
SUPPLEMENTARY INFORMATION:
Background
The bluefish and summer flounder fisheries are managed
cooperatively by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils. Regulations implementing the Atlantic Bluefish FMP
appear at 50 CFR part 648, subparts A and J. Regulations implementing
the summer flounder portion of the Summer Flounder, Scup, and Black Sea
Bass FMP appear at 50 CFR part 648, subparts A and G.
NMFS published a proposed rule to amend the regulations regarding
state commercial bluefish and summer flounder quota transfers on July
26, 2005 (70 FR 43111). A complete discussion of the development of
this regulatory amendment appeared in the preamble of the proposed rule
and is not repeated here.
The current regulations, found at Sec. Sec. 648.160 and 648.100,
respectively, outline a process by which a state may request written
approval from the Regional Administrator to transfer all or part of its
annual commercial bluefish or summer flounder quota to one or more
other states. Currently, NMFS maintains a policy of considering only
quota transfer requests submitted by December 15 of each year in order
to ensure that a notice announcing the quota transfer could be filed
with the Office of the Federal Register by the end of the year for
which the request is made. However, the Council is concerned that
unforeseen circumstances, such as severe weather or physical
obstruction, may prevent vessels from returning safely to their
intended port of landing, and that this situation has arisen and may
continue to arise during the second half of December in any given year.
End-of-year transfers of quota allow vessels to land in another state
without causing overharvest of that state's fishing year quota,
provided that both states agree to the transfer. NMFS agrees that this
administrative change in the regulations will facilitate the
consideration and processing of state quota transfer requests to
address unpredictable late-season events and consequent safety issues
in these fisheries. This rule eliminates the references to time of
effectiveness in the bluefish and summer flounder quota transfer and
combination regulations. With these changes, quota transfer requests
addressing unforeseen conditions in either fishery that arise late in
the fishing year could be approved, even if the transfer request is
made in the subsequent fishing year. Any quota transfer would continue
to be valid only for the calendar year for which the request is made,
and would therefore have no impact on the resource or the mortality
objectives of the FMPs.
Comments and Responses
NMFS received three comment letters regarding the proposed rule (70
FR 43111, July 26, 2005).
Comment 1: The State of North Carolina and a North Carolina
industry association both indicated that the proposed action would
address safety concerns, particularly for fishermen using Oregon Inlet,
NC, and would give states the flexibility to allow fisheries to
continue through transfers of quota that would otherwise not be
harvested.
Response:
NMFS agrees and is implementing the proposed action in this final
rule.
[[Page 53970]]
Comment 2: The other commenter indicated general concern about
overfishing and opposition to the use of quota transfers in any
fishery.
Response: As discussed above, this action is purely administrative
in nature, and is taken solely to facilitate the consideration and
processing of state quota transfer requests to address unpredictable
late-season events in these fisheries. Any quota transfer would
continue to be valid only for the calendar year (and fishing year) for
which the request is made. Thus, there would be no impacts on the
resource or mortality objectives of the FMPs. This action would not
make any substantive change in the state commercial quota transfer
request or approval process for these fisheries.
Classification
This 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 during the proposed rule stage that this action 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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.100, revise paragraph (d)(4) to read as follows:
Sec. 648.100 Catch quotas and other restrictions.
* * * * *
(d) * * *
(4) The transfer of quota or the combination of quotas will be
valid only for the calendar year for which the request was made.
* * * * *
0
3. In Sec. 648.160, revise paragraph (f)(2) to read as follows:
Sec. 648.160 Catch quotas and other restrictions.
* * * * *
(f) * * *
(2) The transfer of quota or the combination of quotas will be
valid only for the calendar year for which the request was made.
* * * * *
[FR Doc. 05-18088 Filed 9-12-05; 8:45 am]
BILLING CODE 3510-22-S