65092 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING

235.006–70 [Amended]

■ 2. Section 235.006–70 is amended in 

the introductory text by removing ‘‘10 

U.S.C. 2525(d)’’ and adding in its place 

‘‘10 U.S.C. 2521(d)’’.

235.007 [Removed]

■ 3. Section 235.007 is removed.

■ 4. Section 235.010 is revised to read as 

follows:

235.010 Scientific and technical reports. 

(b) For DoD, the Defense Technical 

Information Center is responsible for 

collecting all scientific and technical 

reports. For access to these reports, 

follow the procedures at PGI 235.010(b).

235.015 [Removed]

■ 5. Section 235.015 is removed.

235.017–1 [Amended]

■ 6. Section 235.017–1 is amended in 

paragraph (c)(4) by revising the first 

parenthetical to read ‘‘(C3I Laboratory 

operated by the Institute for Defense 

Analysis, Lincoln Laboratory operated 

by Massachusetts Institute of 

Technology, and Software Engineering 

Institute operated by Carnegie Mellon)’’.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

■ 7. Section 252.235–7011 is revised to 

read as follows:

252.235–7011 Final scientific or technical 

report. 

As prescribed in 235.071(d), use the 

following clause: FINAL SCIENTIFIC 

OR TECHNICAL REPORT (NOV 2004) 

The Contractor shall—

(a) Submit two copies of the approved 

scientific or technical report delivered 

under this contract to the Defense 

Technical Information Center, Attn: 

DTIC–O, 8725 John J. Kingman Road, 

Fort Belvoir, VA 22060–6218; 

(b) Include a completed Standard 

Form 298, Report Documentation Page, 

with each copy of the report; and 

(c) For submission of reports in other 

than paper copy, contact the Defense 

Technical Information Center or follow 

the instructions at http://www.dtic.mil.

(End of clause)

[FR Doc. 04–24863 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 040205043–4168–02; I.D. 

110404D]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2004 Shallow-Water Grouper 

Commercial Fishery

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of closure.

SUMMARY: NMFS closes the commercial 

fishery for shallow-water grouper (black, 

gag, red, red hind, rock hind, scamp, 

yellowfin, and yellowmouth) in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico. This closure is in 

response to NMFS’s determination that 

the red grouper quota for the 

commercial fishery will be reached by 

November 15, 2004. Existing regulations 

require closure of the entire shallowwater grouper fishery when either the 

red grouper quota or shallow-water 

grouper quota is reached. This closure is 

necessary to protect the shallow-water 

grouper resource.

DATES: Closure is effective 12:01 a.m., 

local time, November 15, 2004, until 

12:01 a.m., local time, on January 1, 

2005.

FOR FURTHER INFORMATION CONTACT: Phil 

Steele, telephone 727–570–5784, fax 

727–570–5583, e-mail 

Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for red grouper 

in the Gulf of Mexico at 5.31 million lb 

(2,413,636 kg) for the current fishing 

year, January 1 through December 31, 

2004. Those regulations also require 

closure of the entire shallow-water 

grouper commercial fishery when either 

the red grouper quota or the shallowwater grouper quota is reached.

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 5.31 

million lb (2,413,636 kg) for red grouper 

will be reached on or before November 

15, 2004. Accordingly, NMFS is closing 

the commercial shallow-water grouper 

fishery in the Gulf of Mexico EEZ from 

12:01 a.m., local time, on November 15, 

2004, until 12:01 a.m., local time, on 

January 1, 2005. The operator of a vessel 

with a valid reef fish permit having 

shallow-water grouper aboard must 

have landed and bartered, traded, or 

sold such shallow-water grouper prior 

to 12:01 a.m., local time, November 15, 

2004.

During the closure: the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to the harvest or 

possession of red grouper and shallowwater grouper in or from the Gulf of 

Mexico EEZ, and the sale or purchase of 

shallow-water grouper taken from the 

EEZ is prohibited. The prohibition on 

the sale or purchase does not apply to 

the sale or purchase of red grouper or 

shallow-water grouper that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, November 15, 

2004, and were held in cold storage by 

a dealer or processor.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds the need to immediately 

implement this action to close the 

fishery. Pursuant to 5 U.S.C. 

553(b)(3)(B), there is good cause to 

waive provide prior notice and 

opportunity for public comment on this 

action, as notice and comment would be 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Allowing prior 

notice and opportunity for public 

comment is contrary to the public 

interest because it requires time during 

which harvest would likely exceed the 

quota.

There is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effective date. There is a need to 

implement this measure in a timely 

fashion to prevent an overage of the 

commercial quota of Gulf red grouper, 

given the capacity of the fishing fleet to 

exceed the quota quickly. Any delay in 

implementing this action would be 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65093

impractical and contrary to the 

Magnuson-Stevens Act, the FMP, and 

the public interest. For these reasons, 

NMFS finds good cause that the 

implementation of this action cannot be 

delayed for 30 days.

This action is required by 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866.

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

Dated: November 4, 2004.

Bruce C. Morehead,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25085 Filed 11–5–04; 3:00 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504D]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #14 

- Adjustments of the Recreational 

Fisheries from the U.S.-Canada Border 

to Cape Falcon, Oregon

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure and modification of 

fishing seasons; request for comments.

SUMMARY: NMFS announces that the 

recreational salmon fishery in the area 

from the Queets River to Leadbetter 

Point, WA (Westport Subarea), was 

modified to close at midnight on 

Monday, September 6, 2004. In 

addition, the recreational salmon fishery 

in the area from Leadbetter Point, WA 

to Cape Falcon, OR (Columbia River 

Subarea), was modified to reopen the 

area between Tillamook Head (45°56′45′′

N. lat.) and Cape Falcon effective 

Saturday, September 4, 2004. These 

actions were necessary to conform to the 

2004 management goals. The intended 

effect of these actions was to allow the 

fishery to operate within the seasons 

and quotas specified in the 2004 annual 

management measures.

DATES: Closure for the area from the 

Queets River to Leadbetter Point, WA 

effective 2359 hours local time (l.t.) 

September 6, 2004; reopening the area 

between Cape Falcon and Tillamook 

Head 0001 hours l.t. September 4, 2004, 

until the chinook quota or coho quota is 

taken, or 2359 hours l.t., September 30, 

2004, whichever is earlier; after which 

the fisheries will remain closed until 

opened through an additional inseason 

action for the west coast salmon 

fisheries, which will be published in the 

Federal Register, or until the effective 

date of the next scheduled open period 

announced in the 2005 annual 

management measures. Comments will 

be accepted through November 26, 

2004.

ADDRESSES: Comments on these actions 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA14.nwr@noaa.gov

address, or through the internet at the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [docket number and/or RIN 

number] in the subject line of the 

message. Information relevant to this 

document is available for public review 

during business hours at the Office of 

the Regional Administrator, Northwest 

Region, NMFS.

FOR FURTHER INFORMATION CONTACT:

Christopher Wright, 206–526–6140.

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator (RA) 

adjusted the recreational salmon fishery 

in the area from the Queets River to 

Leadbetter Point, WA (Westport 

Subarea) to close at midnight on 

Monday, September 6, 2004. In 

addition, the recreational salmon fishery 

in the area from Leadbetter Point, WA, 

to Cape Falcon, OR (Columbia River 

Subarea) was modified to reopen the 

area between Cape Falcon and 

Tillamook Head (45°56′45′′ N. lat.) 

effective Saturday, September 4, 2004. 

On September 2 the Regional 

Administrator had determined the 

available catch and effort data indicated 

that the adjusted quota of 10,000 coho 

salmon in the Westport Subarea would 

be reached by September 6, and that the 

small closed area in Columbia River 

Subarea could be reopened without 

exceeding conservation objectives 

established preseason.

All other restrictions remained in 

effect as announced for 2004 ocean 

salmon fisheries and previous inseason 

actions. These actions were necessary to 

conform to the 2004 management goals. 

Automatic season closures based on 

quotas are authorized by regulations at 

50 CFR 660.409(a)(1). Modification of 

boundaries, including landing 

boundaries, and establishment of closed 

areas is authorized by regulations at 50 

CFR 660.409(b)(1)(v).

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the recreational fishery in 

the area from the Queets River to 

Leadbetter Point, WA (Westport 

Subarea) would open June 27 through 

the earlier of September 19 or a 74,900–

coho subarea quota, with a subarea 

guideline of 30,800 chinook; and the 

recreational fishery in the area from 

Leadbetter Point, WA to Cape Falcon, 

OR (Columbia River Subarea), would 

open June 27 through earlier of 

September 30 or 101,250 coho subarea 

quota with a subarea guideline of 8,000 

chinook, and the area between Cape 

Falcon and Tillamook Head would be 

closed beginning August 1.

The recreational fishery in the area 

from the Queets River, WA, to Cape 

Falcon, OR (Westport and Columbia 

River Subareas) was modified by 

Inseason Action #7 to be open 7 days 

per week, with a modified daily bag 

limit of all salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip, effective Friday, 

July 23, 2004, thus allowing for the 

retention of two chinook per day (69 FR 

52448, August 26, 2004).

The recreational fisheries in the area 

from Cape Alava, WA, to Cape Falcon, 

OR (La Push, Westport, and Columbia 

River Subareas) were modified by 

Inseason Action #10 to have a minimum 

size limit for chinook of 24 inches (61.0 

cm) total length; and for the area from 

Cape Alava to Queets River, WA (La 

Push Subarea) the daily bag limit was 

modified to: ‘‘all salmon, two fish per 

day, and all retained coho must have a 

healed adipose fin clip,’’ thus allowing 

for the retention of two chinook per day. 

In addition, 40,000 coho were 

reallocated from Queets River to 

Leadbetter Point, WA (Westport 

Subarea) quota, by transferring the coho 

on an impact neutral basis, to the coho 

quota in the subarea from the U.S.-

Canada Border to Cape Alava, WA 

(Neah Bay Subarea), which increased 

the Neah Bay Subarea quota by 6,600 

coho (69 FR 54047, September 7, 2004).

The recreational salmon fishery from 

the Queets River to Leadbetter Point, 

WA (Westport Subarea) was modified 

by Inseason Action #11, effective 

Sunday, August 29, 2004, to allow for 

the retention of all legal sized coho until 

the earlier of September 19 or a quota 

of 10,000 coho (69 FR 63332, November 

1, 2004). Unmarked coho could only be 

possessed and landed in the Westport