Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels, 35826-35827 [E9-17282]

Download as PDF 35826 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations of commercial items. This correction clarifies the types of services to which the rule applies. DATES: Effective date: July 21, 2009. Ms. Angie Sawyer, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–8384; facsimile 703–602–7887. FOR FURTHER INFORMATION CONTACT: The interim rule published at 74 FR 34263 on July 15, 2009, amended the DFARS to implement Sections 805 and 815 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). The rule specified the conditions under which a time-and-materials or laborhour contract may be used for the acquisition of commercial items. This correction clarifies the types of services to which the rule applies, consistent with subsections (c)(1)(A) and (c)(1)(C)(i) of Section 805 of Public Law 110–181. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 212 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Accordingly, the interim rule published at 74 FR 34263 on July 15, 2009, is corrected as follows: ■ PART 212—ACQUISITION OF COMMERCIAL ITEMS 1. The authority citation for 48 CFR Part 212 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 212.207 is amended by revising paragraphs (b)(i) and (b)(iii)(A) to read as follows: ■ erowe on DSK5CLS3C1PROD with RULES 212.207 Contract type. (b) * * * (i) Services acquired for support of a commercial item, as described in paragraph (5) of the definition of commercial item at FAR 2.101 (41 U.S.C. 403(12)(E)). * * * * * (iii) * * * (A) The services to be acquired are commercial services as defined in paragraph (6) of the definition of commercial item at FAR 2.101 (41 U.S.C. 403(12)(F)); * * * * * [FR Doc. E9–17321 Filed 7–20–09; 8:45 am] BILLING CODE 5001–08–P VerDate Nov<24>2008 15:23 Jul 20, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.070817467–8554–02] RIN 0648–XQ36 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), until it re-opens on September 1, 2009, under current regulations. This action is based on the determination that the second quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 second quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act. DATES: The closure of the LAGC fishery to all IFQ scallop vessels is effective 0001 hr local time, July 19, 2009, through August 31, 2009. FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, (978) 281–9221, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the LAGC fishery are found at §§ 648.59 and 648.60. Regulations specifically governing IFQ scallop vessel operations in the LAGC fishery are specified at § 648.53(a)(8)(iii). These regulations authorize vessels issued a valid IFQ scallop permit to fish in the LAGC fishery under specific conditions, including a TAC. The TACs were established by the final rule that implemented Framework 19 to the FMP (73 FR 30790 May 29, 2008) and included a TAC of 1,836,010 lb (832.347 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 kg) that may be landed by IFQ vessels during the second quarter of the 2009 fishing year. The regulations at § 648.53(a)(8)(iii) require the LAGC fishery to be closed to IFQ vessels once the NMFS Northeast Regional Administrator has determined that the TAC is projected to be landed. Based on the number of IFQ vessel trips, dealer reporting and vessel prelanding reports through Vessel Monitoring Systems (VMS), and other information, a projection concluded that, given current activity levels by IFQ scallop vessels in the area, 1,836,010 lb (832.347 kg) will have been landed on July 19, 2009. Therefore, effective 0001 hours on July 19, 2009, no IFQ scallop vessel fishing under LAGC regulations may declare its intent to enter the fishery and may not fish for, possess, or retain any scallops. IFQ scallop vessels will not be allowed to fish for, possess, or retain scallops, or declare, or initiate, a scallop trip following this closure for the remainder of the 2009 second quarter, ending on August 31, 2009. Therefore, in accordance with the regulations at § 648.53(a)(8)(iii), the LAGC scallop fishery is closed to all IFQ vessels as of 0001 hr local time, July 19, 2009. The LAGC scallop fishery will reopen to IFQ scallop vessels on September 1, 2009. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. This action closes the LAGC scallop fishery to all IFQ scallop vessels until September 1, 2009. The regulations at § 648.53(a)(8)(iii) require such action to ensure that IFQ scallop vessels do not exceed the 2009 second quarter TAC. The LAGC scallop fishery opened for the second quarter of the 2009 fishing year at 0001 hours on June 1, 2009. Data indicating the IFQ scallop fleet has landed all of the 2009 second quarter TAC have only recently become available. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest to allow a period public comment. If implementation of this closure is delayed to solicit prior public comment, the quota for this quarter will be exceeded, thereby undermining the conservation objectives of the FMP. Also, if the magnitude of any overage is significant, it would warrant a decrease in the fourth quarter quota. This would have a negative economic impact on vessels that fish seasonally in that period. The AA further finds, pursuant E:\FR\FM\21JYR1.SGM 21JYR1 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations to 5 U.S.C 553(d)(3), good cause to waive the 30 day delay in effectiveness for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: July 16, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–17282 Filed 7–16–09; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 09100091344–9056–02] RIN 0648–XQ26 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. erowe on DSK5CLS3C1PROD with RULES SUMMARY: NMFS is opening directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA) for 96 hours. This action is necessary to fully use the 2009 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 17, 2009, through 1200 hrs, A.l.t., July 21, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., July 31, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by [RIN], by any one of the following methods: VerDate Nov<24>2008 15:23 Jul 20, 2009 Jkt 217001 • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • Mail: P.O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) file formats only. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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 the directed fishery for northern rockfish in the Western Regulatory Area of the GOA on July 9, 2009 (74 FR 33923, July 14, 2009). NMFS has determined that approximately 392 mt of the 2009 TAC of northern rockfish in the Western Regulatory Area of the GOA remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 35827 (a)(2)(iii)(D), and to fully utilize the 2009 TAC of northern rockfish in the Western Regulatory Area of the GOA, NMFS is terminating the previous closure and is reopening directed fishing for northern rockfish in the Western Regulatory Area of the GOA for 96 hours, effective 1200 hrs, A.l.t., July 17, 2009, through 1200 hrs, A.l.t., July 21, 2009. 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 delay the reopening and closure of northern rockfish in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 15, 2009. 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 § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 16, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–17279 Filed 7–16–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35826-35827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XQ36


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Limited Access General Category Scallop 
Fishery to Individual Fishing Quota Scallop Vessels

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Limited Access General Category (LAGC) 
Scallop Fishery will close to individual fishing quota (IFQ) scallop 
vessels (including vessels issued an IFQ letter of authorization (LOA) 
to fish under appeal), until it re-opens on September 1, 2009, under 
current regulations. This action is based on the determination that the 
second quarter scallop total allowable catch (TAC) for LAGC IFQ scallop 
vessels is projected to be landed. This action is being taken to 
prevent IFQ scallop vessels from exceeding the 2009 second quarter TAC, 
in accordance with the regulations implementing Amendment 11 to the 
Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by 
Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation 
and Management Act.

DATES: The closure of the LAGC fishery to all IFQ scallop vessels is 
effective 0001 hr local time, July 19, 2009, through August 31, 2009.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9221, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the LAGC fishery are found at Sec. Sec.  648.59 and 648.60. Regulations 
specifically governing IFQ scallop vessel operations in the LAGC 
fishery are specified at Sec.  648.53(a)(8)(iii). These regulations 
authorize vessels issued a valid IFQ scallop permit to fish in the LAGC 
fishery under specific conditions, including a TAC. The TACs were 
established by the final rule that implemented Framework 19 to the FMP 
(73 FR 30790 May 29, 2008) and included a TAC of 1,836,010 lb (832.347 
kg) that may be landed by IFQ vessels during the second quarter of the 
2009 fishing year. The regulations at Sec.  648.53(a)(8)(iii) require 
the LAGC fishery to be closed to IFQ vessels once the NMFS Northeast 
Regional Administrator has determined that the TAC is projected to be 
landed.
    Based on the number of IFQ vessel trips, dealer reporting and 
vessel pre-landing reports through Vessel Monitoring Systems (VMS), and 
other information, a projection concluded that, given current activity 
levels by IFQ scallop vessels in the area, 1,836,010 lb (832.347 kg) 
will have been landed on July 19, 2009. Therefore, effective 0001 hours 
on July 19, 2009, no IFQ scallop vessel fishing under LAGC regulations 
may declare its intent to enter the fishery and may not fish for, 
possess, or retain any scallops. IFQ scallop vessels will not be 
allowed to fish for, possess, or retain scallops, or declare, or 
initiate, a scallop trip following this closure for the remainder of 
the 2009 second quarter, ending on August 31, 2009. Therefore, in 
accordance with the regulations at Sec.  648.53(a)(8)(iii), the LAGC 
scallop fishery is closed to all IFQ vessels as of 0001 hr local time, 
July 19, 2009. The LAGC scallop fishery will re-open to IFQ scallop 
vessels on September 1, 2009.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the LAGC scallop fishery to all IFQ scallop 
vessels until September 1, 2009. The regulations at Sec.  
648.53(a)(8)(iii) require such action to ensure that IFQ scallop 
vessels do not exceed the 2009 second quarter TAC. The LAGC scallop 
fishery opened for the second quarter of the 2009 fishing year at 0001 
hours on June 1, 2009. Data indicating the IFQ scallop fleet has landed 
all of the 2009 second quarter TAC have only recently become available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause 
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest to allow a period public comment. If implementation of 
this closure is delayed to solicit prior public comment, the quota for 
this quarter will be exceeded, thereby undermining the conservation 
objectives of the FMP. Also, if the magnitude of any overage is 
significant, it would warrant a decrease in the fourth quarter quota. 
This would have a negative economic impact on vessels that fish 
seasonally in that period. The AA further finds, pursuant

[[Page 35827]]

to 5 U.S.C 553(d)(3), good cause to waive the 30 day delay in 
effectiveness for the reasons stated above.

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

    Dated: July 16, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17282 Filed 7-16-09; 4:15 pm]
BILLING CODE 3510-22-S