Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 85605 

of the preference for U.S. industry (Sections 

I, C, 1; I, F, 1). These facts, without more and 

if not remedied, would collectively weigh in 

favor of march-in. 

Policy & Objectives of Bayh-Dole—Next the 

agency will consider Bayh-Dole’s policy and 

objectives in its march-in assessment. As part 

of this analysis, the agency should consult 

with the contractor and determine whether 

the license agreement could be amended to 

include the preference for U.S. industry and 

whether the current licensee would be 

willing and able to manufacture substantially 

in the U.S. Perhaps the agency could even 

assist in identifying potential U.S. 

manufacturers (Would March-In Support the 

Policy & Objective of Bayh-Dole Section II, 

A–C). If the contractor and current licensee 

agree to a U.S. manufacturer or 

manufacturing facilities, this would weigh 

against exercising march-in. If they refused, 

that could weigh in favor of march-in. The 

agency should also consider whether, if the 

contractor had submitted a waiver, a waiver 

would have been granted; and it should 

inquire as to whether the contractor, 

following a notice of non-compliance by the 

agency, submits a domestic manufacturing 

waiver request (Section I, D). In this scenario, 

it appears the contractor conducted extensive 

marketing to find a licensee; suggesting it 

was difficult to line up a manufacturer 

anywhere in the world. If the agency, for 

example, finds that the contractor offered this 

technology for license under similar terms to 

companies who were likely to manufacture 

in the U.S., but none of those manufacturers 

were interested, then the agency may 

consider granting a domestic manufacturing 

waiver and decide not to march-in. If the 

contractor refused to apply for a waiver, that 

could weigh in favor of march-in. As part of 

this assessment, the agency could likewise 

consider whether there is another 

prospective licensee able to manufacture 

substantially in the U.S. (Section I, E). 

Finally, the agency would consider the wider 

implications of march-in, including whether 

exercising march-in—if the contractor 

refused to amend its license, seek a waiver, 

or relocate manufacturing—would send a 

message that the U.S. industry preference 

provisions of the Bayh-Dole Act will be 

enforced (Section III, A, 2). 

[FR Doc. 2023–26930 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD497] 

Pacific Island Fisheries; Marine 

Conservation Plan for the Pacific 

Insular Area for the Commonwealth of 

the Northern Mariana Islands; Western 

Pacific Sustainable Fisheries Fund 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of agency decision. 

SUMMARY: NMFS announces approval of 

a Marine Conservation Plan (MCP) for 

the Commonwealth of the Northern 

Mariana Islands (CNMI). 

DATES: This agency decision is effective 

from the publication of this notice 

through August 3, 2026. 

ADDRESSES: You may obtain a copy of 

the MCP, identified by NOAA–NMFS– 

2023–0150, from the Federal eRulemaking Portal, https://

www.regulations.gov and type NOAA– 

NMFS–2023–0150 in the Search box 

(note: copying and pasting the FDMS 

Docket Number directly from this 

document may not yield search results), 

or from the Western Pacific Fishery 

Management Council (Council), 1164 

Bishop St., Suite 1400, Honolulu, HI 

96813, telephone 808–522–8220, 

https://www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Keith Kamikawa, Sustainable Fisheries, 

NMFS Pacific Islands Regional Office, 

808–725–5177. 

SUPPLEMENTARY INFORMATION: Section 

204(e) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) authorizes the 

Secretary of State, with the concurrence 

of the Secretary of Commerce 

(Secretary), and in consultation with the 

Council, to negotiate and enter into a 

Pacific Insular Area fishery agreement 

(PIAFA). A PIAFA would allow foreign 

fishing within the U.S. Exclusive 

Economic Zone (EEZ) adjacent to 

American Samoa, Guam, or the CNMI. 

The Governor of the Pacific Insular Area 

to which the PIAFA applies must 

request the PIAFA. The Secretary of 

State may negotiate and enter the PIAFA 

after consultation with, and concurrence 

of, the applicable Governor. 

Before entering into a PIAFA, the 

applicable Governor, with concurrence 

of the Council, must develop and 

submit to the Secretary a 3-year MCP 

providing details on uses for any funds 

collected by the Secretary under the 

PIAFA. NMFS is the designee of the 

Secretary for MCP review and approval. 

The Magnuson-Stevens Act requires 

payments received under a PIAFA to be 

deposited into the United States 

Treasury and then conveyed to the 

Treasury of the Pacific Insular Area for 

which funds were collected. 

In the case of violations by foreign 

fishing vessels in the EEZ around any 

Pacific Insular Area, amounts received 

by the Secretary attributable to fines and 

penalties imposed under the MagnusonStevens Act, including sums collected 

from the forfeiture and disposition or 

sale of property seized subject to its 

authority, shall be deposited into the 

Treasury of the Pacific Insular Area 

adjacent to the EEZ in which the 

violation occurred, after direct costs of 

the enforcement action are subtracted. 

The Pacific Insular Area government 

may use funds deposited into the 

Treasury of the Pacific Insular Area for 

fisheries enforcement and for 

implementation of an MCP. 

Federal regulations at 50 CFR 665.819 

authorize NMFS to specify catch limits 

for longline-caught bigeye tuna for U.S. 

territories. NMFS may also authorize 

each territory to allocate a portion of 

that limit to U.S. longline fishing vessels 

that are permitted to fish under the 

Fishery Ecosystem Plan for Pelagic 

Fisheries of the Western Pacific (FEP). 

Payments collected under specified 

fishing agreements are deposited into 

the Western Pacific Sustainable 

Fisheries Fund (SFF), and any funds 

attributable to a particular territory may 

be used only for implementation of that 

territory’s MCP. An MCP must be 

consistent with the Council’s FEPs, 

must identify conservation and 

management objectives (including 

criteria for determining when such 

objectives have been met), and must 

prioritize planned marine conservation 

projects. 

At its 194th meeting held in March 

2023, the Council reviewed and 

concurred with the MCP prepared by 

the Governor of the CNMI. This MCP 

was approved on June 20, 2023 and 

became effective on August 4, 2023 and 

is currently in effect (88 FR 39831). 

However, after the MCP was approved 

by NMFS in June 2023, the CNMI 

Department of Land and Natural 

Resources (DLNR) submitted an 

application to PIRO to use funds from 

the Western Pacific SFF to implement 

the MCP. NMFS staff determined that 

the projects described in the CNMI’s 

application were not within the scope of 

the MCP currently in effect. This 

prompted the CNMI to develop a 

revised MCP that better addresses the 

needs of the CNMI and DLNR. The 

Council reviewed and concurred with 

the updated MCP at its 196th meeting in 

September 2023. Then on October 2, 

2023, the Governor of the CNMI 

submitted the new MCP to NMFS for 

review and approval. The revised MCP 

contains the following seven 

conservation and management 

objectives: 

1. Improve fisheries data collection 

and reporting; 

2. Conduct resource assessment, 

monitoring, and research to gain a better 

understanding of marine resources and 

fisheries; 


khammond on DSKJM1Z7X2PROD with NOTICES
85606 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices 

3. Conduct enforcement training and 

monitoring activities to promote 

compliance with federal and local 

mandates; 

4. Promote responsible domestic 

fisheries development to provide longterm economic growth, stability, and 

local food production; 

5. Conduct education and outreach, 

enhance public participation, and build 

local capacity; 

6. Promote an ecosystem approach to 

fisheries management, climate change 

adaptation and mitigation, and regional 

cooperation; and 

7. Recognize the importance of island 

cultures and traditional fishing practices 

in managing fishery resources, and 

foster opportunities for participation. 

The conservation and management 

objectives of this revised MCP are 

identical to those included in the MCP 

currently in effect. Two of the projects 

identified to fulfill Objectives 3 and 5 

have been revised. Please refer to the 

revised MCP for further detail. The 

evaluative criteria have also not been 

revised. 

This notice announces that NMFS has 

reviewed the revised MCP submitted in 

October 2023, and has determined that 

it satisfies the requirements of the 

Magnuson-Stevens Act and is consistent 

with the Council’s FEPs. Accordingly, 

NMFS has approved the MCP for the 

time period from the publication of this 

notice through August 3, 2026. This 

MCP supersedes the one approved 

previously for August 4, 2023, through 

August 3, 2026 (88 FR 39831, June 20, 

2023). 

Dated: December 5, 2023. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–27014 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD565] 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public online meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

ad-hoc Klamath River Fall Chinook 

Workgroup will hold an online meeting. 

DATES: The online meeting will be held 

Thursday, January 11, 2024, from 9 a.m. 

until 3 p.m., Pacific Standard Time, or 

until business for the day concludes. 

ADDRESSES: This meeting will be held 

online. Specific meeting information, 

including directions on how to join the 

meeting and system requirements will 

be provided in the meeting 

announcement on the Pacific Council’s 

website (see www.pcouncil.org). You 

may send an email to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov) or contact him at (503) 820– 

2280, extension 412 for technical 

assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Robin Ehlke, Staff Officer, Pacific 

Council; telephone: (503) 820–2410. 

SUPPLEMENTARY INFORMATION: The 

primary purpose of the meeting is to 

discuss and develop preliminary 

recommendations to inform Pacific 

Council decision-making at the March 

and April 2024 Pacific Council meetings 

for the 2024 salmon pre-season 

management process as it relates to 

Klamath River fall Chinook 

management. Additional discussion on 

Klamath River Dam removal, 

monitoring, hatchery production, etc. 

and workload planning may also occur. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during this 

meeting. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document that 

require emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

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

Dated: December 4, 2023. 

Diane M. DeJames-Daly, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–26916 Filed 12–7–23; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to the Procurement 

List. 

SUMMARY: This action adds service(s) to 

the Procurement List that will be 

furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. 

DATES: Date added to and deleted from 

the Procurement List: January 7, 2024. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 355 E Street SW, Suite 325, 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Michael R. Jurkowski, Telephone: (703) 

785–6404 or email CMTEFedReg@

AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 10/20/2023, the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled published notice of 

proposed additions to the Procurement 

List. This notice is published pursuant 

to 41 U.S.C. 8503(a)(2) and 41 CFR 51– 

2.3. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the service(s) and impact of the 

additions on the current or most recent 

contractors, the Committee has 

determined that the service(s) listed 

below are suitable for procurement by 

the Federal Government under 41 U.S.C. 

8501–8506 and 41 CFR 51–2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in any 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities other than the small 

organizations that will furnish the 

service(s) to the Government. 

2. The action will result in 

authorizing small entities to furnish the 

service(s) to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the service(s) proposed 

for addition to the Procurement List. 


khammond on DSKJM1Z7X2PROD with NOTICES