Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 58983-58984 [05-20343]

Download as PDF Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 204.7103–1 Criteria for establishing. * * * * * (b) All subline items and exhibit line items under one contract line item shall be the same contract type as the contract line item. (c) For a contract that contains a combination of fixed-price line items, time-and-materials/labor-hour line items, and/or cost-reimbursement line items, identify the contract type for each contract line item in Section B, Supplies or Services and Prices/Costs, to facilitate appropriate payment. * * * * * I 6. Section 204.7103–2 is revised to read as follows: 204.7103–2 Numbering procedures. Follow the procedures at PGI 204.7103–2 for numbering contract line items. I 7. Section 204.7104–2 is revised to read as follows: 204.7104–2 Numbering procedures. Follow the procedures at PGI 204.7104–2 for numbering contract subline items. I 8. Section 204.7106 is amended by adding paragraph (b)(3) to read as follows: 204.7106 Contract modifications. * * * * * (b) * * * (3) If the modification will decrease the amount obligated— (i) There shall be coordination between the administrative and procuring contracting offices before issuance of the modification; and (ii) The contracting officer shall not issue the modification unless sufficient unliquidated obligation exists or the purpose is to recover monies owed to the Government. I 9. Section 204.7107 is revised to read as follows: 204.7107 Contract accounting classification reference number (ACRN). Follow the procedures at PGI 204.7107 for assigning ACRNs. I 10. Sections 204.7108 and 204.7109 are added to read as follows: 204.7108 Payment instructions. Follow the procedures at PGI 204.7108 for inclusion of payment instructions in contracts. 204.7109 Contract clause. Use the clause at 252.204–7006, Billing Instructions, in solicitations and contracts if Section G includes— (a) Any of the standard payment instructions at PGI 204.7108(d)(1) through (6); or (b) Other payment instructions, in accordance with PGI 204.7108(d)(12), VerDate Aug<31>2005 11:46 Oct 07, 2005 Jkt 208001 58983 PART 215—CONTRACTING BY NEGOTIATION address), except when acceptance is at destination and a Navy finance office will make payment, forward to destination. (4) Be sure to separate the copies of the MIRR used as an invoice from the copies of the MIRR used as a receiving report. 215.204–2 [FR Doc. 05–20217 Filed 10–7–05; 8:45 am] that require contractor identification of the contract line item(s) on the payment request. I [Removed] 11. Section 215.204–2 is removed. * * * * * BILLING CODE 5001–08–P PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES DEPARTMENT OF COMMERCE 12. Section 252.204–7006 is added to read as follows: National Oceanic and Atmospheric Administration 252.204–7006 50 CFR Part 679 I Billing Instructions. As prescribed in 204.7109, use the following clause: Billing Instructions (Oct 2005) When submitting a request for payment, the Contractor shall— (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract line item included in the payment request. (End of clause) Appendix F—[Amended] I 13. Appendix F to Chapter 2 is amended in Part 3 by revising section F–306 to read as follows: Appendix F—Material Inspection and Receiving Report * * * * * F–306 Invoice instructions. (a) Contractors shall submit payment requests in electronic form, unless an exception in 232.7002 applies. Contractor submission of the material inspection and receiving information required by this appendix by using the Wide Area WorkFlowReceipt and Acceptance electronic form (see paragraph (b)(1) of the clause at 252.232– 7003) fulfills the requirement for an MIRR. (b) If the contracting officer authorizes the contractor to submit an invoice in paper form, the Government encourages, but does not require, the contractor to use the MIRR as an invoice, in lieu of a commercial form. If commercial forms are used, identify the related MIRR shipment number(s) on the form. If using the MIRR as an invoice, prepare the MIRR and forward the required number of copies to the payment office as follows: (1) Complete Blocks 5, 6, 19, and 20. Block 6 shall contain the invoice number and date. Column 20 shall be totaled. (2) Mark in letters approximately one inch high, first copy: ‘‘ORIGINAL INVOICE, for all invoice submissions; and three copies: ‘‘INVOICE COPY,’’ when the payment office requires four copies. Questions regarding the appropriate number of copies (i.e., one or four) should be directed to the applicable payment office. (3) Forward the appropriate number of copies to the payment office (Block 12 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 [Docket No. 041126332–5039–02; I.D. 100405D] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using trawl and jig gear to vessels using hook-and-line and pot gear in the BSAI. These actions are necessary to allow the 2005 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective October 5, 2005, until 2400 hours, A.l.t., December 31, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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. The 2005 Pacific cod TAC in the BSAI is 190,550 metric tons (mt) as established by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005). Pursuant to § 679.20(a)(7)(i)(A), 3,811 mt was allocated to vessels using jig gear, 97,181 mt to vessels using hook-and-line or pot gear, and 89,559 mt to vessels using trawl gear. The share of the Pacific cod TAC allocated to trawl gear was further allocated 50 percent to E:\FR\FM\11OCR1.SGM 11OCR1 58984 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations catcher vessels and 50 percent to catcher/processor vessels (§ 679.20(a)(7)(i)(B)). The share of the Pacific cod TAC allocated to hook-andline or pot gear was further allocated 80 percent to catcher/processor vessels using hook-and-line gear; 0.3 percent to catcher vessels using hook-and-line gear; 3.3 percent to catcher/processor vessels using pot gear; 15 percent to catcher vessels using pot gear; and 1.4 percent to catcher vessels less than 60 ft (18.3 meters (m)) length overall (LOA) that use either hook-and-line or pot gear (§ 679.20(a)(7)(i)(C)). On April 13, 2005, 1,150 mt of Pacific cod from the A season apportionment of the jig gear allocation was reallocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear (70 FR 19708, April 14, 2005). On May 17, 2005, 350 mt of Pacific cod from the B season apportionment of the jig gear allocation was reallocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear (70 FR 28486, May 18, 2005). On August 5, 2005, an additional 500 mt of Pacific cod from the B season apportionment of the jig gear allocation was reallocated to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear (70 FR 46436, August 10, 2005). As of September 23, 2005, the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that trawl catcher/processor vessels will not be able to harvest 9,273 mt and trawl catcher vessels will not be VerDate Aug<31>2005 11:46 Oct 07, 2005 Jkt 208001 able to harvest 8,689 mt of Pacific cod allocated to those vessels under § 679.20(a)(7)(i)(B). Therefore, in accordance with § 679.20(a)(7)(ii)(C)(2), NMFS apportions 17,962 mt of Pacific cod from trawl gear to catcher/processor vessels using hook-and-line gear and vessels using pot gear. The Regional Administrator has also determined that vessels using jig gear will not harvest 1,611 mt of their Pacific cod allocation by the end of the year. Also, catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear will not be able to harvest any additional Pacific cod. Therefore, in accordance with § 679.20(a)(7)(ii)(C)(1) and § 679.20(a)(7)(ii)(B), NMFS is reallocating the unused amount of 1,611 mt of Pacific cod allocated to vessels using jig gear to catcher/processor vessels using hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005) are revised as follows: 200 mt to vessels using jig gear, 96,019 mt to catcher/ processor vessels using hook-and-line gear, 15,238 mt to catcher vessels using pot gear, 3,352 mt to catcher/processor vessels using pot gear, 35,506 mt to catcher/processor vessels using trawl gear, and 36,090 mt to catcher vessels using trawl gear. Classification This action responds to the best available information recently obtained PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 a 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 delay the reallocation of projected unused amounts of Pacific cod in the BSAI. NMFS was unable to publish an action providing time for public comment because the most recent, relevant data only became available as of September 23, 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 4, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–20343 Filed 10–5–05; 2:19 pm] BILLING CODE 3510–22–S E:\FR\FM\11OCR1.SGM 11OCR1

Agencies

[Federal Register Volume 70, Number 195 (Tuesday, October 11, 2005)]
[Rules and Regulations]
[Pages 58983-58984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20343]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 100405D]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from vessels using trawl and jig gear to vessels using hook-and-
line and pot gear in the BSAI. These actions are necessary to allow the 
2005 total allowable catch (TAC) of Pacific cod to be harvested.

DATES: Effective October 5, 2005, until 2400 hours, A.l.t., December 
31, 2005.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens 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.
    The 2005 Pacific cod TAC in the BSAI is 190,550 metric tons (mt) as 
established by the 2005 and 2006 final harvest specifications for 
groundfish in the BSAI (70 FR 8979, February 24, 2005). Pursuant to 
Sec.  679.20(a)(7)(i)(A), 3,811 mt was allocated to vessels using jig 
gear, 97,181 mt to vessels using hook-and-line or pot gear, and 89,559 
mt to vessels using trawl gear. The share of the Pacific cod TAC 
allocated to trawl gear was further allocated 50 percent to

[[Page 58984]]

catcher vessels and 50 percent to catcher/processor vessels (Sec.  
679.20(a)(7)(i)(B)). The share of the Pacific cod TAC allocated to 
hook-and-line or pot gear was further allocated 80 percent to catcher/
processor vessels using hook-and-line gear; 0.3 percent to catcher 
vessels using hook-and-line gear; 3.3 percent to catcher/processor 
vessels using pot gear; 15 percent to catcher vessels using pot gear; 
and 1.4 percent to catcher vessels less than 60 ft (18.3 meters (m)) 
length overall (LOA) that use either hook-and-line or pot gear (Sec.  
679.20(a)(7)(i)(C)).
    On April 13, 2005, 1,150 mt of Pacific cod from the A season 
apportionment of the jig gear allocation was reallocated to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
(70 FR 19708, April 14, 2005). On May 17, 2005, 350 mt of Pacific cod 
from the B season apportionment of the jig gear allocation was 
reallocated to catcher vessels less than 60 feet (18.3 m) LOA using 
hook-and-line or pot gear (70 FR 28486, May 18, 2005). On August 5, 
2005, an additional 500 mt of Pacific cod from the B season 
apportionment of the jig gear allocation was reallocated to catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
(70 FR 46436, August 10, 2005).
    As of September 23, 2005, the Administrator, Alaska Region, NMFS 
(Regional Administrator), has determined that trawl catcher/processor 
vessels will not be able to harvest 9,273 mt and trawl catcher vessels 
will not be able to harvest 8,689 mt of Pacific cod allocated to those 
vessels under Sec.  679.20(a)(7)(i)(B). Therefore, in accordance with 
Sec.  679.20(a)(7)(ii)(C)(2), NMFS apportions 17,962 mt of Pacific cod 
from trawl gear to catcher/processor vessels using hook-and-line gear 
and vessels using pot gear.
    The Regional Administrator has also determined that vessels using 
jig gear will not harvest 1,611 mt of their Pacific cod allocation by 
the end of the year. Also, catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear will not be able to harvest any 
additional Pacific cod. Therefore, in accordance with Sec.  
679.20(a)(7)(ii)(C)(1) and Sec.  679.20(a)(7)(ii)(B), NMFS is 
reallocating the unused amount of 1,611 mt of Pacific cod allocated to 
vessels using jig gear to catcher/processor vessels using hook-and-line 
gear.
    The harvest specifications for Pacific cod included in the harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005) are revised as follows: 200 mt to vessels using jig gear, 96,019 
mt to catcher/processor vessels using hook-and-line gear, 15,238 mt to 
catcher vessels using pot gear, 3,352 mt to catcher/processor vessels 
using pot gear, 35,506 mt to catcher/processor vessels using trawl 
gear, and 36,090 mt to catcher vessels using trawl gear.

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 a 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 delay the reallocation of projected unused amounts of Pacific cod 
in the BSAI. NMFS was unable to publish an action providing time for 
public comment because the most recent, relevant data only became 
available as of September 23, 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 Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 4, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-20343 Filed 10-5-05; 2:19 pm]
BILLING CODE 3510-22-S
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