Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors, 65312-65313 [2019-25737]

Download as PDF 65312 Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations indicate a mandatory requirement or action; and update the clause title by removing ‘‘Accident’’ and replacing it with ‘‘Mishap’’. The objective of this rule is to ensure contractor cooperation: In the early reporting of accidents that involve an aircraft, missile, or space launch vehicle being manufactured, modified, repaired, or overhauled by the contractor in connection with the contract; and, with the Government investigation of such accidents. The modification of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force. No public comments were received in response to the initial regulatory flexibility analysis. This rule requires, instead of permits, the inclusion of the clause in all applicable contracts, and updates the text of the clause to clarify its intent. It is presumed that the clause is already being included in all applicable contracts. The rule simply clarifies the Government’s expectation on the usage of the clause. Based on fiscal year 2018 data from the Federal Procurement Data System (FPDS), the Government awarded approximately 960 noncommercial contracts and orders for services under the following product service codes: • AC16—R&D—Defense System: Aircraft (Management/Support); • AC26—Defense System: Missile/ Space Systems (Management/Support); • AR96—R&D—Space: Other (Management/Support); • J014—Repair, and Rebuilding of Equipment—Guided Missiles; • J015—Maintenance, Repair, and Rebuilding of Equipment—Aircraft and Airframe Structural Components; • J018—Maintenance, Repair, and Rebuilding of Equipment—Space Vehicles; • K014—Modification of Equipment—Guided Missiles; • K015—Modification of Equipment—Aircraft and Airframe Structural Components; and, • K018—Modification of Equipment—Space Vehicles. Of the 960 contracts and orders awarded, approximately 16% of the awards were made to 54 unique small businesses entities. FPDS does not provide additional information on the types of support services provided under the contract, which can include manufacture, modification, overhaul, or repair work; therefore, the number of small business contractors impacted by this rule is expected to be less than the number of entities identified by the data. VerDate Sep<11>2014 17:24 Nov 26, 2019 Jkt 250001 This rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the rule that would meet the stated objectives. ■ VII. Paperwork Reduction Act National Oceanic and Atmospheric Administration The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 228 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 228 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 228 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 228—BONDS AND INSURANCE 2. Amend section 228.370 by revising paragraph (d) to read as follows: ■ 228.370 Additional clauses. * * * * * (d) Use the clause at 252.228–7005, Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles, in solicitations and contracts that involve the manufacture, modification, overhaul, or repair of aircraft, missiles, and space launch vehicles. * * * * * PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.228–7005 [Amended] 3. Amend section 252.228–7005 by— a. In the section heading and the clause title, removing ‘‘Accident’’ and adding ‘‘Mishap’’ in both places; ■ b. Removing the clause date ‘‘(DEC 1991)’’ and adding ‘‘(NOV 2019)’’ in its place; ■ c. In paragraph (a), removing ‘‘accident’’ and adding ‘‘mishap’’ in its place; and ■ d. In paragraph (b), removing ‘‘accident’’ and ‘‘will’’ and adding ‘‘mishap’’ and ‘‘shall’’ in their place, respectively; and ■ ■ PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 e. In paragraph (c), removing ‘‘will’’ and ‘‘accident’’ and adding ‘‘shall’’ and ‘‘mishap’’ in their place, respectively. [FR Doc. 2019–25656 Filed 11–26–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE 50 CFR Part 660 [Docket No. 181218999–9402–02] RIN 0648–XW015 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason reapportionment of tribal Pacific whiting allocation. AGENCY: This document announces the reapportionment of 40,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 13, 2019. This reapportionment is to allow full utilization of the Pacific whiting resource. SUMMARY: The reapportionment of Pacific whiting was applicable from 12 p.m. local time, September 13, 2019, through December 31, 2019. Comments will be accepted through December 12, 2019. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2019–0001 by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal at www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20190001. Click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 1201 NE Lloyd Center Blvd. Suite #1100, Portland, OR 97232, Attn: Stacey Miller. Instructions: Comments sent by any other method to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information DATES: E:\FR\FM\27NOR1.SGM 27NOR1 Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. 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, or Adobe PDF file formats only. Electronic Access This document is accessible online at the Office of the Federal Register’s website at https://www.gpo.gov/fdsys/ search/home.action. Background information and documents are available at NMFS’ West Coast Region website at https:// www.fisheries.noaa.gov/species/pacificwhiting#management. FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region, NMFS), phone: 503–231–6290 or email: Stacey.Miller@noaa.gov. SUPPLEMENTARY INFORMATION: Background Pacific Whiting Pacific whiting (Merluccius productus) is a very productive species with highly variable recruitment (the biomass of fish that mature and enter the fishery each year) and a relatively short life span compared to other groundfish species. Pacific whiting has the largest annual allowable harvest levels (by volume) of the more than 90 groundfish species managed under the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The coastwide Pacific whiting stock is managed jointly by the United States and Canada, and mature Pacific whiting are commonly available to vessels operating in U.S. waters from April through December. Background on the stock assessment, and the establishment of the 2019 Total Allowable Catch (TAC), for Pacific whiting was provided in the final rule for the 2019 Pacific whiting harvest specifications, published May 10, 2019 (84 FR 20578). Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal fishery) and to three nontribal commercial sectors: The catcher/ processor cooperative (C/P Coop), the mothership cooperative (MS Coop), and the Shorebased Individual Fishery Quota (IFQ) Program. This document announces the reapportionment of 40,000 metric tons (mt) of Pacific whiting from the tribal allocation to the non-tribal commercial sectors on September 13, 2019. VerDate Sep<11>2014 17:24 Nov 26, 2019 Jkt 250001 Regulations at 50 CFR 660.131(h) contain provisions that allow the Regional Administrator to reapportion Pacific whiting from the tribal allocation, specified at 50 CFR 660.50, that will not be harvested by the end of the fishing year to other sectors. Pacific Whiting Reapportionment For 2019, the Pacific Coast treaty tribes were allocated 77,251 mt of Pacific whiting. The best available information on September 13, 2019, indicated that less than 5,000 mt of the 2019 allocation had been harvested, and at least 40,000 mt of the tribal allocation would not be harvested by December 31, 2019. As required under the 2017 Endangered Species Act (ESA) Section 7(a)(2) biological opinion on the effects of the Pacific Coast Groundfish Fishery Management Plan on listed salmonids, NMFS considered the number and bycatch rate of Chinook salmon taken by the Pacific whiting fishery sectors prior to reapportionment. Based on the best available information in early September 2019, NMFS determined there was little risk that the reapportionment would cause the Pacific whiting sector fisheries to exceed the guideline limit of 11,000 Chinook salmon under current regulations and practices. In early September, incidental take of Chinook salmon by the non-tribal sector was 12 percent of the guideline limit. While the incidental take of Chinook salmon was higher compared to the same period in the previous two years, the total take this year is still well below the guideline limit. To allow for increased utilization of the resource, on September 13, 2019, NMFS reapportioned 40,000 mt from the Tribal sector to the Shorebased IFQ Program, C/P Coop, and MS Coop in proportion to each sector’s original allocation. Reapportioning this amount is expected to allow for greater attainment of the TAC while not limiting tribal harvest opportunities for the remainder of the year. NMFS provided notice of the reapportionment on September 13, 2019, via emails sent directly to fishing businesses and individuals, and postings on the NMFS West Coast Region website. Reapportionment was effective the same day as the notice. The amounts of Pacific whiting available for 2019 before and after the reapportionment are described in the table below. PO 00000 Frm 00055 Fmt 4700 Sfmt 9990 65313 TABLE 1—2019 PACIFIC WHITING ALLOCATIONS Sector Tribal ......... C/P Coop .. MS Coop ... Shorebased IFQ Program ...... Initial 2019 allocation (mt) Final 2019 allocation (mt) 77,251 123,312 87,044 37,251 136,912 96,644 152,326.5 169,126 Classification NOAA’s Assistant Administrator for Fisheries (AA) finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B), because such notification would be impracticable and contrary to the public interest. As previously noted, NMFS provided actual notice of the reapportionment to fishery participants at the time of the action. Prior notice and opportunity for public comment on this reapportionment was impracticable because NMFS had insufficient time to provide prior notice between the time the information about the progress of the fishery needed to make this determination became available and the time at which fishery modifications had to be implemented in order to allow fishery participants access to the available fish during the remainder of the fishing season. For the same reasons, the AA also finds good cause to waive the 30-day delay in effectiveness for these actions, required under 5 U.S.C. 553(d)(3). These actions are authorized by §§ 660.55 (i), 660.60(d), and 660.131(h) and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq. Dated: November 21, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–25737 Filed 11–26–19; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Rules and Regulations]
[Pages 65312-65313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 181218999-9402-02]
RIN 0648-XW015


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2019 Tribal Fishery Allocations for 
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

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

ACTION: Inseason reapportionment of tribal Pacific whiting allocation.

-----------------------------------------------------------------------

SUMMARY: This document announces the reapportionment of 40,000 metric 
tons of Pacific whiting from the tribal allocation to the non-tribal 
commercial fishery sectors via automatic action on September 13, 2019. 
This reapportionment is to allow full utilization of the Pacific 
whiting resource.

DATES: The reapportionment of Pacific whiting was applicable from 12 
p.m. local time, September 13, 2019, through December 31, 2019. 
Comments will be accepted through December 12, 2019.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0001 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0001. Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Barry A. Thom, Regional Administrator, West Coast 
Region, NMFS, 1201 NE Lloyd Center Blvd. Suite #1100, Portland, OR 
97232, Attn: Stacey Miller.
    Instructions: Comments sent by any other method to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record. All personal identifying information

[[Page 65313]]

(e.g., name, address, etc.), confidential business information, or 
otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. 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, or Adobe PDF file formats only.

Electronic Access

    This document is accessible online at the Office of the Federal 
Register's website at https://www.gpo.gov/fdsys/search/home.action. 
Background information and documents are available at NMFS' West Coast 
Region website at https://www.fisheries.noaa.gov/species/pacific-whiting#management.

FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region, 
NMFS), phone: 503-231-6290 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

Pacific Whiting

    Pacific whiting (Merluccius productus) is a very productive species 
with highly variable recruitment (the biomass of fish that mature and 
enter the fishery each year) and a relatively short life span compared 
to other groundfish species. Pacific whiting has the largest annual 
allowable harvest levels (by volume) of the more than 90 groundfish 
species managed under the Pacific Coast Groundfish Fishery Management 
Plan (FMP), which governs the groundfish fishery off Washington, 
Oregon, and California. The coastwide Pacific whiting stock is managed 
jointly by the United States and Canada, and mature Pacific whiting are 
commonly available to vessels operating in U.S. waters from April 
through December. Background on the stock assessment, and the 
establishment of the 2019 Total Allowable Catch (TAC), for Pacific 
whiting was provided in the final rule for the 2019 Pacific whiting 
harvest specifications, published May 10, 2019 (84 FR 20578). Pacific 
whiting is allocated to the Pacific Coast treaty tribes (tribal 
fishery) and to three non-tribal commercial sectors: The catcher/
processor cooperative (C/P Coop), the mothership cooperative (MS Coop), 
and the Shorebased Individual Fishery Quota (IFQ) Program.
    This document announces the reapportionment of 40,000 metric tons 
(mt) of Pacific whiting from the tribal allocation to the non-tribal 
commercial sectors on September 13, 2019. Regulations at 50 CFR 
660.131(h) contain provisions that allow the Regional Administrator to 
reapportion Pacific whiting from the tribal allocation, specified at 50 
CFR 660.50, that will not be harvested by the end of the fishing year 
to other sectors.

Pacific Whiting Reapportionment

    For 2019, the Pacific Coast treaty tribes were allocated 77,251 mt 
of Pacific whiting. The best available information on September 13, 
2019, indicated that less than 5,000 mt of the 2019 allocation had been 
harvested, and at least 40,000 mt of the tribal allocation would not be 
harvested by December 31, 2019. As required under the 2017 Endangered 
Species Act (ESA) Section 7(a)(2) biological opinion on the effects of 
the Pacific Coast Groundfish Fishery Management Plan on listed 
salmonids, NMFS considered the number and bycatch rate of Chinook 
salmon taken by the Pacific whiting fishery sectors prior to 
reapportionment. Based on the best available information in early 
September 2019, NMFS determined there was little risk that the 
reapportionment would cause the Pacific whiting sector fisheries to 
exceed the guideline limit of 11,000 Chinook salmon under current 
regulations and practices. In early September, incidental take of 
Chinook salmon by the non-tribal sector was 12 percent of the guideline 
limit. While the incidental take of Chinook salmon was higher compared 
to the same period in the previous two years, the total take this year 
is still well below the guideline limit.
    To allow for increased utilization of the resource, on September 
13, 2019, NMFS reapportioned 40,000 mt from the Tribal sector to the 
Shorebased IFQ Program, C/P Coop, and MS Coop in proportion to each 
sector's original allocation. Reapportioning this amount is expected to 
allow for greater attainment of the TAC while not limiting tribal 
harvest opportunities for the remainder of the year. NMFS provided 
notice of the reapportionment on September 13, 2019, via emails sent 
directly to fishing businesses and individuals, and postings on the 
NMFS West Coast Region website. Reapportionment was effective the same 
day as the notice.
    The amounts of Pacific whiting available for 2019 before and after 
the reapportionment are described in the table below.

                Table 1--2019 Pacific Whiting Allocations
------------------------------------------------------------------------
                                           Initial 2019     Final 2019
                 Sector                     allocation      allocation
                                               (mt)            (mt)
------------------------------------------------------------------------
Tribal..................................          77,251          37,251
C/P Coop................................         123,312         136,912
MS Coop.................................          87,044          96,644
Shorebased IFQ Program..................       152,326.5         169,126
------------------------------------------------------------------------

Classification

    NOAA's Assistant Administrator for Fisheries (AA) finds that good 
cause exists for this notification to be issued without affording prior 
notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B), because such notification would be impracticable and 
contrary to the public interest. As previously noted, NMFS provided 
actual notice of the reapportionment to fishery participants at the 
time of the action. Prior notice and opportunity for public comment on 
this reapportionment was impracticable because NMFS had insufficient 
time to provide prior notice between the time the information about the 
progress of the fishery needed to make this determination became 
available and the time at which fishery modifications had to be 
implemented in order to allow fishery participants access to the 
available fish during the remainder of the fishing season. For the same 
reasons, the AA also finds good cause to waive the 30-day delay in 
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
    These actions are authorized by Sec. Sec.  660.55 (i), 660.60(d), 
and 660.131(h) and are exempt from review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

    Dated: November 21, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-25737 Filed 11-26-19; 8:45 am]
BILLING CODE 3510-22-P
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