37062 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

1811.002 [Amended]

3. Amend paragraph (a)(3) of section

1811.403 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

4. Add section 1811.403–70 to read as

follows:

1811.403–70 Packaging, handling, and

transportation.

(a) NPG 6000.1E, ‘‘Requirements for

Packaging, Handling, and

Transportation for Aeronautical and

Space Systems, Equipment, and

Associated Components’’ provides

guidance for shipment of certain NASA

items.

(b) Contracting officers, with the

advice of the requiring activity and the

Center Transportation Officer, must

include a designation of each

deliverable item, or groupings of

deliverable items, as Class I, II, III, or IV

for purposes of contractor compliance

with the NPG.

1811.404 [Amended]

5. Amend paragraphs (a)(2) and (a)(3)

of section 1811.404 by removing the

word ‘‘shall’’ and adding ‘‘must’’ in its

place.

6. Add section 1811.404–70 to read as

follows:

1811.404–70 NASA contract clauses.

The clause at 1852.211–70, Packaging,

Handling, and Transportation, must be

included in solicitations and contracts

for deliverable items, including

software, designated as Class I (mission

essential), Class II (delicate or sensitive),

or Class III (requires special handling or

monitoring).

1811.502 [Amended]

7. Amend paragraph (d) of section

1811.502 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

1811.602 [Amended]

8. Amend paragraph (c) of section

1811.602 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

1811.603 [Amended]

9. Amend paragraph (e)(iii) of section

1811.603 by removing the word ‘‘shall’’

and adding ‘‘must’’ in its place.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

10. Add section 1852.211–70 to read

as follows:

1852.211–70 Packaging, handling, and

transportation.

As prescribed in 1811.404–70, insert

the following clause:

Packaging, Handling, and Transportation—

June 2000

(a) The Contractor shall shall comply with

NPG 6000.1E, ‘‘Requirements for Packaging,

Handling, and Transportation for

Aeronautical and Space Systems, Equipment,

and Associated Components’’, dated April

26, 1999, as may be supplemented by the

statement of work or specifications of this

contract, for all items designated as Class I,

II, or III.

(b) The Contractor’s packaging, handling,

and transportation procedures may be used,

in whole or in part, subject to the written

approval of the Contracting Officer, provided

(1) the Contractor’s procedures are not in

conflict with any requirements of this

contract, and (2) the requirements of this

contract shall take precedence in the event of

any conflict with the Contractor’s

procedures.

(c) The Contractor must place the

requirements of this clause in all

subcontracts for items that will become

components of deliverable Class I, II, or III

items.

(End of clause)

[FR Doc. 00–14753 Filed 6–12–00; 8:45 am]

BILLING CODE 7510–01–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018–AF88

Importation or Shipment of Injurious

Wildlife: Zebra Mussel (Dreissena

polymorpha)

AGENCY: Fish and Wildlife Services,

Interior.

ACTION: Final rule, correction.

SUMMARY: The U.S. Fish and Wildlife

Service (we) corrects 50 CFR 16.13 by

adding the zebra mussel (Dreissena

polymorpha), a small bivalve mollusk

native to Europe, to the list of injurious

fish, mollusks, and crustaceans, which

are subject to restrictions under the

Lacey Act (18 U.S.C. 42). On November

7, 1991 (56 CFR 56942), we added the

zebra mussel to the list of injurious

wildlife, but it was inadvertently

omitted in a subsequent amendment to

50 CFR Part 16 (58 FR 58979, Nov. 5,

1993). This rulemaking corrects the

omission and continues the prohibition

on the importation, acquisition, or

transportation of live zebra mussels,

veligers, or viable eggs thereof into or

between the continental United States,

the District of Columbia, Hawaii, the

Commonwealth of Puerto Rico, or any

territory or possession of the United

States.

DATES: This action is effective June 13,

2000.

ADDRESSES: Chief, Division of Fish and

Wildlife Management Assistance, U.S.

Fish and Wildlife Service, 4401 North

Fairfax Drive, Suite 840, Arlington, VA

22203.

FOR FURTHER INFORMATION CONTACT:

Hannibal Bolton, Chief, Division of Fish

and Wildlife Management Assistance,

telephone (703) 358–1718.

SUPPLEMENTARY INFORMATION: The

Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990

(Pub. L. 101–646, 104 Stat. 4761) was

passed by Congress on October 27, 1990,

and signed by President Bush. Section

1208 of that law contains a provision

that amends the Lacey Act (18 U.S.C.

42) by adding the zebra mussel to the

list of injurious animals contained

therein. This provision required

addition of the zebra mussel to

implementing regulations in 50 CFR

16.13. On November 7, 1991, we added

zebra mussels to 50 CFR part 16 (56 FR

56942). In a subsequent final rule

affecting part 16, we inadvertently

omitted the zebra mussel.

Background

The regulations contained in 50 CFR

part 16 implement the Lacey Act as

amended. Under the terms of the law,

the importation of certain named

wildlife is prohibited, with exceptions.

Additionally, the Secretary of the

Interior is authorized to prescribe by

regulations other nonindigenous wild

animals, or viable eggs thereof, which

are deemed to be injurious or

potentially injurious to the health and

welfare of human beings; to the interests

of agriculture, Forestry, and

horticulture; or to the welfare and

survival of wildlife or wildlife resources

of the United States. The

Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990

added the zebra mussel to the statutory

list. We amended 50 CFR 16.13 to

reflect the present list of prohibited

wildlife. By adding the zebra mussel to

the list of injurious fish, mollusks, and

crustaceans in 18 U.S.C 42 and in 50

CFR 16.13, their acquisition,

importation into, or transportation

between the continental United States,

the District of Columbia, Hawaii, the

Commonwealth of Puerto Rico, or any

territory or possession of the United

States by any means whatsoever is

prohibited except by permit for

zoological, educational, medical, or

scientific purposes, or by Federal

agencies without a permit solely for

their own use upon filing a written

declaration with the District Director of

Customs at the port of entry. In

addition, no live zebra mussel, viable

Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37063

eggs, or progeny thereof acquired under

permit may be sold, donated, traded,

loaned, or transferred to any other

person unless such person has a permit

issued by the director of the Service.

List of Subjects in 50 CFR Part 16

Fish, Imports, Reporting and

recordkeeping requirements,

Transportation, Wildlife.

Accordingly, 50 CFR part 16 is

amended as described below:

PART 16—INJURIOUS WILDLIFE

1. The authority citation for part 16

continues to read as follows:

Authority: 18 U.S.C. 42.

2. Section 1613(a)(2) is revised to read

as follows:

§ 16.13 Importation of live or dead fish,

mollusks, and crustaceans, or their progeny

or eggs.

(a) * * *

(2) The importation, transportation, or

acquisition of any live fish or viable

eggs of the walking catfish, family

Clariidae; live mitten crabs, genus

Eriochei, or their viable eggs; and live

mollusks, veligers, or viable eggs of

zebra mussels, genus Dreissena, are

proibited except as provided under the

terms and conditions set forth in

§ 16.22.

* * * * *

Dated: May 5, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–14804 Filed 6–12–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 99122347–9347–01; I.D.

060600C]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Temporary

Closure for the Shore-based Whiting

Sector

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces a temporary

closure of the primary season for Pacific

whiting (whiting) south of 42° N. lat. at

noon June 8, 2000, and reimposition of

‘‘per trip’’ limits for whiting until 0001

hours June 15, 2000, at which time the

primary season south of 42° N. lat. will

resume. This action is authorized by

regulations implementing the Pacific

Coast Groundfish Fishery Management

Plan (FMP), which governs the

groundfish fishery off Washington,

Oregon, and California. This action is

intended to keep the harvest of whiting

at the 2000 allocation levels.

DATES: Effective from noon local time

(l.t.) June 8, 2000, until 2400 hours June

14, 2000. Comments will be accepted

through June 28, 2000.

ADDRESSES: Submit comments to

William Stelle, Jr., Administrator,

Northwest Region (Regional

Administrator), NMFS, 7600 Sand Point

Way NE., Seattle, WA 98115–0070; or

Rodney R. McInnis, Acting Regional

Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

Katherine King at 206–526–6145 or

Becky Renko at 206–526–6110.

SUPPLEMENTARY INFORMATION: The

regulations at 50 CFR 660.323(a) (3) and

(4) established separate allocations for

the catcher/processor, mothership, and

shore-based sectors of the whiting

fishery, and authorized separate starting

dates for each sector’s primary season.

The primary season for the shore-based

sector is the period(s) when the largescale target fishery is conducted, and

thus when ‘‘per trip’’ limits are not in

effect. The regulations further divide the

shore-based allocation so that no more

than 5-percent of the shore-based

allocation for whiting may be taken and

retained south of 42° N. lat. before the

primary season begins north of 42° N.

lat. The primary season for the shorebased sector south of 42° N. lat. began

on April 1, 2000, earlier than the

northern season which begins on June

15, 2000, because whiting migrate from

south to north during the fishing year.

(The first large whiting landing south of

42° N. lat. occurred on April 20, 2000,

although the fishery could have started

on April 1, 1999.) The 5-percent cap is

intended to discourage effort shifts to

the south area early in the year. The

shore-based whiting allocation for 2000

is 83,790 metric tons (mt) and the 5-

percent cap on early fishing south of 42°

N. lat. is 4,190 mt. When the 5-percent

cap is reached, the 20,000-lb (9,072 kg)

trip limit that was in place before the

start of the southern primary season is

reimposed and remains in effect until

the start of the northern primary season

on June 15, 2000. However, the 20,000-

lb (9,072 kg) trip limit only applies if a

vessel does not fish inside of 100 fm

(183 m) in the Eureka area during the

fishing trip. A different trip limit of

10,000-lb (4,536 kg) of whiting is in

effect year-round (unless landings of

whiting are prohibited) if a vessel fishes

inside of 100 fm (183 m) at any time

during a fishing trip in the Eureka area.

This smaller limit is intended to

minimize incidental catch of chinook

salmon which are more likely to be

caught shallower than 100 fm (183 m)

in the Eureka area.

The best available information on

June 5, 2000, indicates that 2,797 mt of

whiting have been taken by the shorebased fishery south of 42° N. lat.

through May 27, 2000, and that 4,190 mt

are projected to be taken by noon June

8, 2000. Therefore, the 20,000-lb ( 9,072

kg) ‘‘per trip’’ limits announced in the

2000 annual management measures (65

FR 221, January 4, 2000) will resume

until the primary season begins north of

42° N. lat.

For the reasons stated above, and in

accordance with the regulations at 50

CFR 660.323(a)(4)(i)(B) and (iii)(D),

NMFS revises paragraph B. of Section

IV. of the 2000 annual management

measures (65 FR 221, as amended), by

adding a new sub-paragraph B. (3)(b)(iv)

as follows:

IV. NMFS Actions

B. * * *

(3) * * *

(b) * * *

(iv) Closure of shore-based sector

south of 42° N. lat. Effective noon June

8, 2000, to 2400 hours (12 midnight)

June 14, 2000 l.t., no more than 20,000-

lb (9,072 kg) may be taken and retained,

possessed or landed south of 42° N. lat.

If a vessel fishes shoreward of the 100

fm (183 m) contour in the Eureka area

(43°–40° 30′ N. lat.), the 10,000-lb (4,536

kg) trip limit applies, as announced in

the annual management measures at

paragraph IV, B (3)(c)(ii).

* * * * *

Classification

This action is authorized by the

regulations implementing the FMP. The

determination to take these actions is

based on the most recent data available.

The aggregate data upon which the

determinations are based are available

for public inspection at the office of the

Regional Administrator (see ADDRESSES)

during business hours. This action is

taken under the authority of 50 CFR

660.323(a)(4)(i)(B) and (iii)(D), and is

exempt from review under Executive

Order 12866.

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