Control Date for Qualifying Landings History and To Limit Speculative Entry Into the Longfin Squid/Butterfish Fishery; Mackerel, Squid and Butterfish Fishery Management Plan, 28794-28795 [2013-11711]

Download as PDF 28794 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules prospective contractor to assist the DoD implementing activity in preparing the letter of offer and acceptance for a foreign military sales program that requires an acquisition. The legal basis for the rule is 41 U.S.C. 1303. The rule will apply to approximately 380 small entities, based on the FPDS data for FY 2011 of the number of noncompetitive contract awards to small business entities that exceed $10,000 and use FMS funds. There is no required reporting or recordkeeping. The rule requires the contracting officer to communicate with prospective FMS contractors in order to assist the DoD implementing agency in preparation of the letter of offer and acceptance. The contracting officer may request information on price, delivery, and other relevant factors, and provide information to the prospective contractor with regard to the FMS customer. The rule does not duplicate, overlap, or conflict with any other Federal rules. DoD does not expect the rule will have a significant economic impact on a significant number of small entities. No significant alternatives were identified that would accomplish the objectives of the proposed rule. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (DFARS Case 2012–D048), in correspondence. 225.7302 Preparation of letter of offer and acceptance. IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). [Docket No. 130425406–3406–01] List of Subjects in 48 CFR Part 225 Government procurement. erowe on DSK2VPTVN1PROD with PROPOSALS-1 Therefore, DoD proposes to amend 48 CFR part 225 as follows: 1. The authority citation for part 225 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Revise section 225.7302 to read as follows: ■ VerDate Mar<15>2010 18:07 May 15, 2013 Jkt 229001 [FR Doc. 2013–11401 Filed 5–15–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648–BD26 Control Date for Qualifying Landings History and To Limit Speculative Entry Into the Longfin Squid/Butterfish Fishery; Mackerel, Squid and Butterfish Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking (ANPR); request for comments. AGENCY: Manuel Quinones, Editor, Defense Acquisition Regulations System. PART 225—CONTRACTING BY NEGOTIATION For FMS programs that will require an acquisition, the contracting officer shall assist the DoD implementing agency responsible for preparing the Letter of Offer and Acceptance (LOA) by— (1) Working with prospective contractors to— (i) Identify, in advance of the LOA, any unusual provisions or deviations (such as those requirements for Pseudo LOAs identified at PGI 225.7301); (ii) Advise the contractor if the DoD implementing agency expands, modifies, or does not accept any key elements of the prospective contractor’s proposal; (iii) Identify any logistics support necessary to perform the contract (such as those requirements identified at PGI 225.7301); and (iv) For noncompetitive acquisitions over $10,000, ask the prospective contractor for information on price, delivery, and other relevant factors. The request for information shall identify the fact that the information is for a potential foreign military sale and shall identify the foreign customer; and (2) Working with the DoD implementing agency responsible for preparing the LOA, as specified in PGI 225.7302. At the request of the MidAtlantic Fishery Management Council, this notice announces a control date that may be applicable, but not limited to, qualifying landings history for continued access to the longfin squid/ butterfish moratorium limited access permit program. NMFS intends this notice to promote awareness of possible SUMMARY: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 rulemaking, alert interested parties of potential eligibility criteria for future access, and discourage speculative entry into and/or investment in the longfin squid/butterfish fishery while the MidAtlantic Fishery Management Council considers if and how access to the longfin squid/butterfish fishery should be controlled. May 16, 2013, shall be known as the ‘‘control date’’ for the longfin squid/ butterfish fishery, and may be used as a reference date for future management measures related to the maintenance of a fishery with characteristics consistent with the Council’s objectives and applicable Federal laws. Written comments must be received on or before 5 p.m., local time June 17, 2013. DATES: You may submit comments on this document, identified by NOAA– NMFS–2013–0076 by any of the following methods: D Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130076, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. D Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on Longfin/butterfish Qualification Control Date.’’ D Fax: (978) 281–9135; Attn: Aja Szumylo. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. We may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will 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). We accept attachments to electronic comments only in Microsoft ADDRESSES: E:\FR\FM\16MYP1.SGM 16MYP1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules erowe on DSK2VPTVN1PROD with PROPOSALS-1 Word or Excel, WordPerfect, or Adobe PDF file formats. FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 978– 675–9195, fax 978–281–9135. SUPPLEMENTARY INFORMATION: The Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) is managed by the Mid-Atlantic Fishery Management Council (Council). Longfin squid (formerly Loligo pealei, now Doryteuthis pealei) supports important commercial fisheries along the Atlantic coast of the United States, primarily from New Jersey to Massachusetts, generating ex-vessel revenues in the $20–$30 million range annually in most years since 1989. Since April 2, 1996, the Council has managed longfin squid in combination with butterfish under a moratorium permit to prevent overcapitalization of the fleet (65 FR 14465). The Council has considered additional capacity controls since 2003. On May 20, 2003 (68 FR 27516), NMFS published, at the request of the Council, an ANPR indicating that the Council intended to consider alternatives to further control capacity in the longfin and Illex fisheries (Illex is not a subject of this notice). Accordingly, May 20, 2003, was termed a ‘‘control date,’’ and notice was provided that the control date may be used for establishing eligibility criteria for determining levels of future access to the squids and butterfish fisheries subject to Federal authority. On January 8, 2010 (75 FR 1024), NMFS published, at the request VerDate Mar<15>2010 14:45 May 15, 2013 Jkt 229001 of the Council, a subsequent ANPR reaffirming the May 20, 2003, control date for both longfin and Illex squid fisheries. In the case of the longfin squid/ butterfish fishery, the Council is currently concerned with excess and/or latent capacity. Since 2003, approximately 95–120 of the 375 longfin squid/butterfish moratorium permittedvessels have accounted for 95 percent of longfin squid landings. Activation of latent capacity, in conjunction with restrictions in other fisheries, may create a derby fishery in certain quota periods of the longfin squid/butterfish fishery. Therefore, the Council has expressed a need to examine excess capacity and/or latent capacity in the limited entry section of this fishery. At its April 2013 meeting, the Council requested that NMFS also publish this control date to discourage speculative activation of previously unused effort or capacity in the longfin squid/butterfish fishery while alternative management regimes to control capacity or latent effort are discussed, possibly developed, and implemented. The control date communicates to fishermen that performance or fishing effort after the date of publication may not be treated the same as performance or effort that was expanded before the control date. The Council may choose to use different qualification criteria that do not incorporate the new control date. Accordingly, the Council could also choose to develop alternative qualification criteria based on the May PO 00000 Frm 00035 Fmt 4702 Sfmt 9990 28795 20, 2003, date and/or January 8, 2010, reaffirmation date. The Council may also choose to take no further action to control entry or access to the longfin squid/butterfish fishery. This notification establishes May 16, 2013, as the new control date for potential use in determining historical or traditional participation in the longfin squid/butterfish fishery. Consideration of a control date does not commit the Council to develop any particular management regime or criteria for participation in these fisheries. The Council may choose a different control date; or may choose a management program that does not make use of such a date. Any action by the Council will be taken pursuant to the requirements for FMP development established under the MagnusonStevens Act. This notification also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the longfin squid/ butterfish fishery in Federal waters. Authority: 16 U.S.C. 1801 et seq. Dated: May 13, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2013–11711 Filed 5–15–13; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\16MYP1.SGM 16MYP1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28794-28795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11711]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130425406-3406-01]
RIN 0648-BD26


Control Date for Qualifying Landings History and To Limit 
Speculative Entry Into the Longfin Squid/Butterfish Fishery; Mackerel, 
Squid and Butterfish Fishery Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: At the request of the Mid-Atlantic Fishery Management Council, 
this notice announces a control date that may be applicable, but not 
limited to, qualifying landings history for continued access to the 
longfin squid/butterfish moratorium limited access permit program. NMFS 
intends this notice to promote awareness of possible rulemaking, alert 
interested parties of potential eligibility criteria for future access, 
and discourage speculative entry into and/or investment in the longfin 
squid/butterfish fishery while the Mid-Atlantic Fishery Management 
Council considers if and how access to the longfin squid/butterfish 
fishery should be controlled.

DATES: May 16, 2013, shall be known as the ``control date'' for the 
longfin squid/butterfish fishery, and may be used as a reference date 
for future management measures related to the maintenance of a fishery 
with characteristics consistent with the Council's objectives and 
applicable Federal laws. Written comments must be received on or before 
5 p.m., local time June 17, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0076 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0076, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Longfin/butterfish Qualification Control Date.''
    [ssquf] Fax: (978) 281-9135; Attn: Aja Szumylo.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. We may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will 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). We accept attachments to electronic comments 
only in Microsoft

[[Page 28795]]

Word or Excel, WordPerfect, or Adobe PDF file formats.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
978-675-9195, fax 978-281-9135.

SUPPLEMENTARY INFORMATION: The Mackerel, Squid, and Butterfish (MSB) 
Fishery Management Plan (FMP) is managed by the Mid-Atlantic Fishery 
Management Council (Council). Longfin squid (formerly Loligo pealei, 
now Doryteuthis pealei) supports important commercial fisheries along 
the Atlantic coast of the United States, primarily from New Jersey to 
Massachusetts, generating ex-vessel revenues in the $20-$30 million 
range annually in most years since 1989. Since April 2, 1996, the 
Council has managed longfin squid in combination with butterfish under 
a moratorium permit to prevent overcapitalization of the fleet (65 FR 
14465). The Council has considered additional capacity controls since 
2003. On May 20, 2003 (68 FR 27516), NMFS published, at the request of 
the Council, an ANPR indicating that the Council intended to consider 
alternatives to further control capacity in the longfin and Illex 
fisheries (Illex is not a subject of this notice). Accordingly, May 20, 
2003, was termed a ``control date,'' and notice was provided that the 
control date may be used for establishing eligibility criteria for 
determining levels of future access to the squids and butterfish 
fisheries subject to Federal authority. On January 8, 2010 (75 FR 
1024), NMFS published, at the request of the Council, a subsequent ANPR 
reaffirming the May 20, 2003, control date for both longfin and Illex 
squid fisheries.
    In the case of the longfin squid/butterfish fishery, the Council is 
currently concerned with excess and/or latent capacity. Since 2003, 
approximately 95-120 of the 375 longfin squid/butterfish moratorium 
permitted-vessels have accounted for 95 percent of longfin squid 
landings. Activation of latent capacity, in conjunction with 
restrictions in other fisheries, may create a derby fishery in certain 
quota periods of the longfin squid/butterfish fishery. Therefore, the 
Council has expressed a need to examine excess capacity and/or latent 
capacity in the limited entry section of this fishery.
    At its April 2013 meeting, the Council requested that NMFS also 
publish this control date to discourage speculative activation of 
previously unused effort or capacity in the longfin squid/butterfish 
fishery while alternative management regimes to control capacity or 
latent effort are discussed, possibly developed, and implemented. The 
control date communicates to fishermen that performance or fishing 
effort after the date of publication may not be treated the same as 
performance or effort that was expanded before the control date. The 
Council may choose to use different qualification criteria that do not 
incorporate the new control date. Accordingly, the Council could also 
choose to develop alternative qualification criteria based on the May 
20, 2003, date and/or January 8, 2010, reaffirmation date. The Council 
may also choose to take no further action to control entry or access to 
the longfin squid/butterfish fishery.
    This notification establishes May 16, 2013, as the new control date 
for potential use in determining historical or traditional 
participation in the longfin squid/butterfish fishery. Consideration of 
a control date does not commit the Council to develop any particular 
management regime or criteria for participation in these fisheries. The 
Council may choose a different control date; or may choose a management 
program that does not make use of such a date. Any action by the 
Council will be taken pursuant to the requirements for FMP development 
established under the Magnuson-Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the longfin squid/butterfish fishery in 
Federal waters.

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

    Dated: May 13, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-11711 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-22-P

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