Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Sector of the Reef Fish Fishery of the Gulf of Mexico; Control Date, 11517-11518 [E9-5864]
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tjames on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules
request is that the subject felony is not a
serious felony as defined by this regulation
the award request shall contain, at a
minimum, the following information:
(i) Name and Date of Birth of Individual
Convicted of a felony.
(ii) Date sentenced.
(iii) Statute/Charge.
(iv) Docket/Case Number.
(v) Court/Jurisdiction.
(vi) The nature and circumstances
surrounding the conviction.
(vii) Protective measures taken by the
individual or business concern to reduce or
eliminate the risk of further misconduct.
(viii) Whether the individual has made full
restitution for the felony
(ix) Whether the individual has accepted
responsibility for past misconduct resulting
in the felony conviction.
(e) Privacy Statement. The offeror will
provide the following statement to any
individual whose information will be
submitted in an award request pursuant to
paragraph (d)(4) of this clause.
Privacy Act Notice. The collection of this
information is authorized by the Federal
Protective Service Guard Contracting Reform
Act of 2008 (Pub. L. 110–356) and
Department of Homeland Security (DHS)
implementing regulations at Homeland
Security Acquisition Regulation (HSAR) 48
CFR 3009.171. This information is being
collected to determine whether an individual
that owns, controls, or operates the business
concern submitting this offer has been
convicted of a felony that would disqualify
the offeror from receiving an award. This
information will be used by and disclosed to
DHS personnel and contractors or other
agents who require this information to
determine whether an award request should
be approved or denied. Additionally, DHS
may share this personal information with the
U.S. Justice Department and other Federal
and State agencies for collection,
enforcement, investigatory, or litigation
purposes, or as otherwise authorized
pursuant to its published Privacy Act system
of records notice. Submission of this
information by the individual is voluntary,
however, failure to provide it may result in
denial of an award to the offeror.
(f) Disclosure. The offeror under this
solicitation represents that [Check one]:
llit is not a business concern owned,
controlled, or operated by an individual
convicted of a felony; or
llit is a business concern owned,
controlled, or operated by an individual
convicted of a felony, and has submitted an
award request pursuant to paragraph (d) of
this clause.
(g) If a request is applied for, the offeror
shall attach the request with supporting
documentation, to the bid or proposal. The
supporting documentation may include
copies of prior award requests granted to the
offeror.
(h) The notification in this paragraph
applies if this is an indefinite delivery/
indefinite quantity contract, blanket purchase
agreement, or other contractual instrument
that may result in the issuance of task orders,
calls or option to extend the terms of a
contract. The Contractor must immediately
VerDate Nov<24>2008
13:32 Mar 17, 2009
Jkt 217001
notify the Contracting Officer in writing upon
any felony conviction of personnel who own,
control or operate a business concern as
defined in paragraph (c) of this clause at any
time during the performance of this contract.
Upon notification of a felony conviction the
Contracting Officer will review and make a
new determination of eligibility prior to the
issuance of any task order, call or exercise of
an option.
(End of clause)
[FR Doc. E9–5795 Filed 3–17–09; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 090220217–9226–01]
RIN 0648–AX66
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Commercial Sector of the Reef Fish
Fishery of the Gulf of Mexico; Control
Date
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; consideration of a control
date.
SUMMARY: NMFS announces that it is
establishing a revised control date that
may be used to control future access to
the commercial sector of the reef fish
fishery operating in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf). If changes to the
management regime are developed and
implemented under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), a control date could be used to
limit the number of participants in the
fishery. This announcement is intended,
in part, to promote awareness of the
potential eligibility criteria for future
access so as to discourage speculative
entry into the fishery while the Gulf of
Mexico Fishery Management Council
(Council) and NMFS consider whether
and how access to the commercial
sector of the reef fish fishery should be
controlled.
DATES: Comments must be received on
of before 5 p.m., eastern time, April 17,
2009.
ADDRESSES: You may submit comments,
identified by RIN 0648–AX66, by any
one of the following methods:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
11517
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail: Cynthia Meyer, NMFS
Southeast Regional Office, Sustainable
Fisheries Division, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAANMFS–2009–0039’’ in the keyword
search, then select ‘‘Send a Comment or
Submission.’’ NMFS will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
SUPPLEMENTARY INFORMATION: The
commercial sector of the Gulf reef fish
fishery is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP).
The FMP was prepared by the Council,
and implemented under the authority of
the Magnuson-Stevens Act. A
moratorium on the issuance of new
commercial reef fish permits was
established by Amendment 4 to the
FMP in May 1992. The moratorium has
been maintained since that time with
the implementation of Amendments 9,
11, and 17. The Council implemented
Amendment 24 on August 17, 2005, to
replace the commercial reef fish permit
moratorium that was set to expire on
December 31, 2005, with a permanent
limited access system.
This notice would inform participants
in the Gulf reef fish fishery of the
Council’s intention to consider further
limiting access within the commercial
sector of the Gulf reef fish fishery.
Specifically, the Council may consider
creating additional restrictions
including limiting participation by gear
type or by specific species to only those
vessels or participants that have catch
histories in excess of some minimum
landings threshold. Should the Council
take such future action to further restrict
participation in the commercial sector
of the Gulf reef fish fishery, it intends
to use December 31, 2008, as a possible
control date regarding the eligibility of
E:\FR\FM\18MRP1.SGM
18MRP1
11518
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules
catch histories. This date was
announced at the Council’s January
2009 meeting, and was chosen because
it coincides with the end of the
immediately preceding fishing year in
which landings would be documented.
Publication of the control date in the
Federal Register informs participants of
the Council’s considerations, and gives
notice to anyone entering the fishery
after the control date they would not be
assured of future access should a
management regime be implemented
using the control date as a means to
restrict participation. Implementation of
any such program would require
preparation of an amendment to the
FMP and subsequent rulemaking with
appropriate public comment periods.
Consideration of a control date does
not commit the Council or NMFS to any
particular management regime or
criteria for eligibility in the commercial
sector of the Gulf reef fish fishery. The
Council may or may not make use of
this control date as part of the qualifying
criteria for participation in that sector of
the fishery. Fishermen are not
guaranteed future participation in a
fishery regardless of their entry date or
intensity of participation in the fishery
before or after the control date under
consideration. The Council
subsequently may choose a different
control date or a management regime
that does not make use of a control date.
The Council also may choose to take no
further action to control entry or access
to the fishery, in which case the control
date may be rescinded.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 12, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–5864 Filed 3–17–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
RIN 0648–AW49
tjames on PRODPC61 with PROPOSALS
Fisheries in the Western Pacific;
Pelagic Fisheries; Hawaii-based
Shallow-set Longline Fishery
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
VerDate Nov<24>2008
13:32 Mar 17, 2009
Jkt 217001
SUMMARY: NMFS announces that the
Western Pacific Fishery Management
Council (Council) proposes to amend
the Fishery Management Plan for
Pelagic Fisheries of the Western Pacific
Region (FMP). If approved by the
Secretary of Commerce (Secretary),
Amendment 18 would remove the
annual limit on the number of fishing
gear deployments (sets) for the Hawaiibased pelagic longline fishery. The
amendment would also revise the
current maximum limit on the number
of physical interactions that occur
annually between loggerhead sea turtles
and vessels registered for use under
Hawaii longline limited access permits
while shallow-setting. Other measures
currently applicable to the fishery
would remain unchanged. Amendment
18 is intended to increase opportunities
for the shallow-set fishery to sustainably
harvest swordfish and other fish
species, without jeopardizing the
continued existence of sea turtles and
other protected resources.
DATES: Comments on Amendment 18
must be received by May 18, 2009.
You may send comments on
Amendment 18, identified by 0648–
AW49, to either of the following
addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or
• Mail: Mail written comments to
William L. Robinson, Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814–4700.
Instructions: All comments received
are a part of the public record and will
generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. 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 or Excel, WordPerfect,
or Adobe PDF file formats only.
Copies of Amendment 18 (which
includes a final supplemental
environmental impact statement) are
available from www.regulations.gov, and
the Council, 1164 Bishop St., Suite
1400, Honolulu, HI 96813, tel 808–522–
8220, fax 808–522–8226,
www.wpcouncil.org.
ADDRESSES:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT:
Adam Bailey, Sustainable Fisheries
Division, NMFS PIR, 808–944–2248.
SUPPLEMENTARY INFORMATION:
Electronic Access
This proposed rule is also accessible
at www.gpoaccess.gov/fr.
Background
The Hawaii-based shallow-set pelagic
longline fishery primarily targets
swordfish in the western Pacific north
of the Hawaiian Archipelago. The
fishery is carefully regulated through a
management program intended, among
other goals, to reduce the number and
severity of unintended bycatch
interactions, particularly between
longline fishing gear and sea turtles.
Management measures include the
mandatory use of large (18/0) offset
circle hooks and mackerel-type bait, and
100 percent observer coverage. The
required use of circle hooks and
mackerel-type bait has reduced the sea
turtle interaction rate by approximately
90 percent for loggerheads, and 83
percent for leatherbacks, compared to
the period 1994–2002 when the fishery
was operating without such
requirements.
Because the use of circle hooks and
mackerel-type bait have proven effective
in reducing sea turtle interaction rates,
the Council has recommended in
Amendment 18 changes to the
management program that would enable
the shallow-set fishery to increase and
sustainably harvest swordfish and other
fish, without jeopardizing the continued
existence and recovery of threatened
and endangered sea turtles and other
protected resources.
Amendment 18 would remove the
annual limit on the number of longline
shallow sets. The shallow-set certificate
program, which is used to monitor and
control the number of sets, with the
elimination of set limits. Amendment 18
would also increase the number of
allowable incidental interactions
between longline fishing gear to 46 for
loggerhead sea turtles (from the current
limit of 17). The allowable interaction
limit for leatherback sea turtles would
remain unchanged at 16.
All other measures currently
applicable to the fishery would remain
unchanged, including, but not limited
to, limited access permits, vessel and
gear marking requirements, vessel
length restrictions, Federal catch and
effort logbooks, 100 percent observer
coverage, large longline restricted areas
around the Hawaiian Archipelago,
vessel monitoring system (VMS), annual
protected species workshops, and the
use of sea turtle, seabird, and marine
E:\FR\FM\18MRP1.SGM
18MRP1
]]>Agencies
[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Proposed Rules]
[Pages 11517-11518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5864]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 090220217-9226-01]
RIN 0648-AX66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Commercial Sector of the
Reef Fish Fishery of the Gulf of Mexico; Control Date
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; consideration of a
control date.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that it is establishing a revised control date
that may be used to control future access to the commercial sector of
the reef fish fishery operating in the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf). If changes to the management regime are
developed and implemented under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), a control date
could be used to limit the number of participants in the fishery. This
announcement is intended, in part, to promote awareness of the
potential eligibility criteria for future access so as to discourage
speculative entry into the fishery while the Gulf of Mexico Fishery
Management Council (Council) and NMFS consider whether and how access
to the commercial sector of the reef fish fishery should be controlled.
DATES: Comments must be received on of before 5 p.m., eastern time,
April 17, 2009.
ADDRESSES: You may submit comments, identified by RIN 0648-AX66, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Mail: Cynthia Meyer, NMFS Southeast Regional Office,
Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg,
FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ``NOAA-NMFS-2009-0039'' in the keyword
search, then select ``Send a Comment or Submission.'' NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
SUPPLEMENTARY INFORMATION: The commercial sector of the Gulf reef fish
fishery is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the
Council, and implemented under the authority of the Magnuson-Stevens
Act. A moratorium on the issuance of new commercial reef fish permits
was established by Amendment 4 to the FMP in May 1992. The moratorium
has been maintained since that time with the implementation of
Amendments 9, 11, and 17. The Council implemented Amendment 24 on
August 17, 2005, to replace the commercial reef fish permit moratorium
that was set to expire on December 31, 2005, with a permanent limited
access system.
This notice would inform participants in the Gulf reef fish fishery
of the Council's intention to consider further limiting access within
the commercial sector of the Gulf reef fish fishery. Specifically, the
Council may consider creating additional restrictions including
limiting participation by gear type or by specific species to only
those vessels or participants that have catch histories in excess of
some minimum landings threshold. Should the Council take such future
action to further restrict participation in the commercial sector of
the Gulf reef fish fishery, it intends to use December 31, 2008, as a
possible control date regarding the eligibility of
[[Page 11518]]
catch histories. This date was announced at the Council's January 2009
meeting, and was chosen because it coincides with the end of the
immediately preceding fishing year in which landings would be
documented. Publication of the control date in the Federal Register
informs participants of the Council's considerations, and gives notice
to anyone entering the fishery after the control date they would not be
assured of future access should a management regime be implemented
using the control date as a means to restrict participation.
Implementation of any such program would require preparation of an
amendment to the FMP and subsequent rulemaking with appropriate public
comment periods.
Consideration of a control date does not commit the Council or NMFS
to any particular management regime or criteria for eligibility in the
commercial sector of the Gulf reef fish fishery. The Council may or may
not make use of this control date as part of the qualifying criteria
for participation in that sector of the fishery. Fishermen are not
guaranteed future participation in a fishery regardless of their entry
date or intensity of participation in the fishery before or after the
control date under consideration. The Council subsequently may choose a
different control date or a management regime that does not make use of
a control date. The Council also may choose to take no further action
to control entry or access to the fishery, in which case the control
date may be rescinded.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 12, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-5864 Filed 3-17-09; 8:45 am]
BILLING CODE 3510-22-S
