83 FR 48263 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48263-48264 | |
| FR Document | 2018-20713 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Rules and Regulations] [Pages 48263-48264] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20713] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779-8161-02] RIN 0648-XG398 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Pot Catcher/Processors 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; closure. ----------------------------------------------------------------------- SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by catcher/processors using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the annual apportionment of the 2018 Pacific cod total allowable catch allocated to catcher/processors using pot gear in the BSAI. DATES: Effective September 20, 2018, through 2400 hours, A.l.t., December 31, 2018. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 annual apportionment of the 2018 Pacific cod total allowable catch (TAC) allocated to catcher/processors using pot gear in the BSAI is 2,720 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the BSAI (83 FR 8365, February 27, 2018). [[Page 48264]] In accordance with Sec. 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the annual apportionment of the 2018 Pacific cod TAC allocated as a directed fishing allowance to catcher/processors using pot gear in the BSAI will soon be reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher/processors in the BSAI. While this closure is effective the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip. 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 closure of directed fishing for Pacific cod by pot catcher/processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 18, 2018. 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: September 19, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-20713 Filed 9-20-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 48263
ANTICIPATED DEMAND—Continued (End of Clause) PART 870—[REMOVED AND
RESERVED]
Area destination Factor ■ 26. Section 852.247–75 is added to
read as follows: ■ 29. Under the authority of 48 CFR
Fort Wayne, Indiana ..................... 4 1.301 through 1.304, part 870 is
Atlanta, Georgia ............................ 3 852.247–75 Bills of Lading.
removed and reserved.
New York, New York .................... 5 As prescribed in 847.305–71(b), insert [FR Doc. 2018–20323 Filed 9–21–18; 8:45 am]
Total of factors ...................... 20 the following clause: BILLING CODE 8320–01–P
Bills of Lading (Oct 2018)
(End of Provision)
The purpose of this clause is to define
■ 22. Section 852.247–71 is added to when a commercial bill of lading or a DEPARTMENT OF COMMERCE
read as follows: Government bill of lading is to be used when
shipments of deliverable items under this
National Oceanic and Atmospheric
852.247–71 Delivery Location. Administration
contract are f.o.b. origin.
As prescribed in 847.302, insert a (a) Commercial bills of lading. All
clause substantially as follows: domestic shipments shall be made via 50 CFR Part 679
Delivery Location (Oct 2018) commercial bills of lading (CBLs). The [Docket No. 170817779–8161–02]
Shipment of deliverable items, other than Contractor shall prepay domestic
transportation charges. The Government shall RIN 0648–XG398
reports, shall be to: __ [Contracting Officer
shall insert appropriate identifying data]. reimburse the Contractor for these charges if
they are added to the invoice as a separate Fisheries of the Exclusive Economic
(End of Clause) Zone Off Alaska; Pacific Cod by Pot
line item supported by the paid freight
■ 23. Section 852.247–72 is added to receipts. If paid receipts in support of the Catcher/Processors in the Bering Sea
read as follows: invoice are not obtainable, a statement as and Aleutian Islands Management Area
described below must be completed, signed AGENCY: National Marine Fisheries
852.247–72 Marking Deliverables.
by an authorized company representative, Service (NMFS), National Oceanic and
As prescribed in 847.305–10(a) insert and attached to the invoice.
a clause substantially the same as: Atmospheric Administration (NOAA),
‘‘I certify that the shipments identified Commerce.
below have been made, transportation
Marking Deliverables (Oct 2018) ACTION: Temporary rule; closure.
charges have been paid by __ [company
(a) The contract number shall be placed on name], and paid freight or comparable
or adjacent to all exterior mailing or shipping SUMMARY: NMFS is prohibiting directed
receipts are not obtainable. fishing for Pacific cod by catcher/
labels of deliverable items called for by the Contract or Order Number: __
contract. processors using pot gear in the Bering
Destination: __ .’’
(b) Mark deliverables, except reports, for: Sea and Aleutian Islands management
(b) Government bills of lading. (1)
__[Contracting Officer shall insert area (BSAI). This action is necessary to
appropriate identifying data]. International (export) and domestic overseas
prevent exceeding the annual
shipments of items deliverable under this
(End of Clause) apportionment of the 2018 Pacific cod
contract shall be made by Government bills
total allowable catch allocated to
■ 24. Section 852.247–73 is added to of lading (GBLs). As used in this clause,
catcher/processors using pot gear in the
read as follows: ‘‘domestic overseas’’ means non-continental
United States, i.e., Hawaii, Commonwealth of
BSAI.
852.247–73 Packing for Domestic Puerto Rico, and possessions of the United DATES: Effective September 20, 2018,
Shipment. through 2400 hours, A.l.t., December 31,
States.
As prescribed in 847.305–10(b), insert (2) At least 15 days before shipment, the 2018.
the following clause: Contractor shall request in writing GBLs FOR FURTHER INFORMATION CONTACT: Josh
Packing for Domestic Shipment (Oct 2018) from: __ [Insert name, title, and mailing Keaton, 907–586–7228.
address of designated transportation officer SUPPLEMENTARY INFORMATION: NMFS
Material shall be packed for shipment in
such a manner that will insure acceptance by or other official delegated responsibility for manages the groundfish fishery in the
common carriers and safe delivery at GBLs]. If time is limited, requests may be by BSAI exclusive economic zone
destination. Containers and closures shall telephone: __ [Insert appropriate telephone according to the Fishery Management
comply with regulations of carriers as number]. Requests for GBLs shall include the Plan for Groundfish of the Bering Sea
applicable to the mode of transportation. following information. and Aleutian Islands Management Area
(End of Clause) (i) Item identification/description. (FMP) prepared by the North Pacific
(ii) Origin and destination.
■ 25. Section 852.247–74 is added to Fishery Management Council under
(iii) Individual and total weights.
read as follows: authority of the Magnuson-Stevens
(iv) Dimensional weight.
Fishery Conservation and Management
852.247–74 Advance Notice of Shipment. (v) Dimensions and total cubic footage.
Act. Regulations governing fishing by
(vi) Total number of pieces.
As prescribed in 847.305–71(a), insert U.S. vessels in accordance with the FMP
(vii) Total dollar value.
the following clause: appear at subpart H of 50 CFR part 600
(viii) Other pertinent data.
and 50 CFR part 679.
Advance Notice of Shipment (Oct 2018) (End of Clause) The annual apportionment of the
__ [Insert number of work days] work days 2018 Pacific cod total allowable catch
daltland on DSKBBV9HB2PROD with RULES
prior to shipping item(s) 852.270–2 [Removed]
(TAC) allocated to catcher/processors
__ [Insert items to be shipped], the
Contractor shall furnish the anticipated ■ 27. Section 852.270–2 is removed. using pot gear in the BSAI is 2,720
shipment date, bill of lading number (if metric tons (mt) as established by the
applicable), and carrier identity to __ [Insert 852.270–3 [Removed] final 2018 and 2019 harvest
individual(s) to receive notification] and to specifications for groundfish in the
■ 28. Section 852.270–3 is removed.
the Contracting Officer. BSAI (83 FR 8365, February 27, 2018).
VerDate Sep<11>2014 18:18 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48448/page/1.svg)
![48264 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
In accordance with § 679.20(d)(1)(iii), Administrator for Fisheries, NOAA The AA also finds good cause to
the Administrator, Alaska Region, (AA), finds good cause to waive the waive the 30-day delay in the effective
NMFS (Regional Administrator), has requirement to provide prior notice and date of this action under 5 U.S.C.
determined that the annual opportunity for public comment 553(d)(3). This finding is based upon
apportionment of the 2018 Pacific cod pursuant to the authority set forth at 5 the reasons provided above for waiver of
TAC allocated as a directed fishing U.S.C. 553(b)(B) as such requirement is prior notice and opportunity for public
allowance to catcher/processors using impracticable and contrary to the public comment.
pot gear in the BSAI will soon be interest. This requirement is
reached. Consequently, NMFS is This action is required by § 679.20
impracticable and contrary to the public and is exempt from review under
prohibiting directed fishing for Pacific
interest as it would prevent NMFS from Executive Order 12866.
cod by pot catcher/processors in the
responding to the most recent fisheries
BSAI. While this closure is effective the Authority: 16 U.S.C. 1801 et seq.
data in a timely fashion and would
maximum retainable amounts at
delay the closure of directed fishing for Dated: September 19, 2018.
§ 679.20(e) and (f) apply at any time
during a trip. Pacific cod by pot catcher/processors in Margo B. Schulze-Haugen,
the BSAI. NMFS was unable to publish Acting Director, Office of Sustainable
Classification a notice providing time for public Fisheries, National Marine Fisheries Service.
This action responds to the best comment because the most recent, [FR Doc. 2018–20713 Filed 9–20–18; 4:15 pm]
available information recently obtained relevant data only became available as BILLING CODE 3510–22–P
from the fishery. The Assistant of September 18, 2018.
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 17:46 Sep 21, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4700 Sfmt 9990 E:\FR\FM\24SER1.SGM 24SER1](https://thefederalregister.org/doc/83_FR_48448/page/2.svg)
Document Created: 2018-09-22 00:33:25
Document Modified: 2018-09-22 00:33:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective September 20, 2018, through 2400 hours, A.l.t., December 31, 2018. | |
| Contact | Josh Keaton, 907-586-7228. | |
| FR Citation | 83 FR 48263 | |
| RIN Number | 0648-XG39 |
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