Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15, 48285-48286 [2015-19822]

Download as PDF Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Proposed Rules 2. Revise section 1823.7001 to read as follows: ■ 1823.7001 NASA solicitation provisions and contract clauses. mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ 1852.223–70 Safety and health measures and mishap reporting. (a) Insert the clause at 1852.223–70, Safety and Health Measures and Mishap Reporting, in solicitations and contracts above the simplified acquisition threshold when the work will be conducted completely or partly on federally-controlled facilities. (b) The clause prescribed in paragraph (a) of this section may be excluded, with the approval of the installation official(s) responsible for matters of safety and occupational health. (c) The contracting officer shall insert the provision at 1852.223–73, Safety and Health Plan, in solicitations containing the clause at 1852.223–70. This provision may be modified to identify specific information that is to be included in the plan. After receiving the concurrence of the center safety and occupational health official(s), the contracting officer shall include the plan in any resulting contract. Insert the provision with its Alternate I, in Invitations for Bid containing the clause at 1852.223–70. (d)(1)The contracting officer shall insert the clause at 1852.223–75, Major Breach of Safety or Security, in all solicitations and contracts with estimated values of $500,000 or more, unless waived at a level above the contracting officer with the concurrence of the project manager and the installation official(s) responsible for matters of security, export control, safety, and occupational health. (2) Insert the clause with its Alternate I if— (i) The solicitation or contract is with an educational or other nonprofit institution and contains the termination clause at FAR 52.249–5; or (ii) The solicitation or contract is for commercial items and contains the clause at FAR 52.212–4. (3) For contracts with estimated values below $500,000, use of the clause is optional. (e) For all solicitations and contracts exceeding the micro-purchase threshold that do not include the clause at 1852.223–70, Safety and Health, the contracting officer shall insert the clause at 1852.223–72, Safety and Health (Short Form). As prescribed in 1823.7004(1)(a), insert the following clause: PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. The authority citation for part 1852 continues to read as follows: ■ Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1. VerDate Sep<11>2014 15:48 Aug 11, 2015 Jkt 235001 4. Revise section 1852.223–70 to read as follows: Safety and Health Measures and Mishap Reporting (XX/XX) (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. NASA’s safety priority is to protect: (1) The public, (2) astronauts and pilots, (3) the NASA workforce (including contractor employees working on NASA contracts), and (4) high-value equipment and property. (b) The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall maintain an effective worksite safety and health program with organized and systematic methods to— (1) Comply with Federal, State, and local safety and occupational health laws and with the safety and occupational health requirements of this contract; (2) Describe and assign the responsibilities of managers, supervisors, and employees; (3) Inspect regularly for and identify, evaluate, prevent, and control hazards; (4) Orient and train employees to eliminate or avoid hazards; and (5) Periodically review the program’s effectiveness. Authorized Government representatives shall have access to and the right to examine the work site and related records under this contract in order to determine the adequacy of the Contractor’s safety and occupational health measures. (c) The Contractor shall take, or cause to be taken, any other safety, and occupational health measures the Contracting Officer may reasonably direct. To the extent that the Contractor may be entitled to an equitable adjustment for those measures under the terms and conditions of this contract, the equitable adjustment shall be determined pursuant to the procedures of the changes clause of this contract; provided, that no adjustment shall be made under this Safety and Health clause for any change for which an equitable adjustment is expressly provided under any other clause of the contract. (d) The Contractor shall immediately notify the Contracting Officer or a designee of any Type A, B, C, or D Mishap, or close calls as defined in NASA Procedural Requirement (NPR) 8621.1, Mishap and Close Call Reporting, Investigating, and Recordkeeping. In addition, service contractors (excluding construction contracts) shall provide quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/incident dollar losses. (e) The Contractor shall cooperate with any Government-authorized investigation of Type A, B, C, or D Mishaps, or Close Calls reported pursuant to paragraph (d) of this clause by PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 48285 providing access to employees; and relevant information in the possession of the Contractor regarding the mishap or close call. (f)(1) The Contracting Officer may notify the Contractor in writing of any noncompliance with the health and safety requirements of this contract and specify corrective actions to be taken. When the Contracting Officer becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the public, astronauts and pilots, the NASA workforce (including contractor employees working on NASA contracts), or high value mission critical equipment or property, the Contracting Officer shall notify the Contractor orally, with written confirmation. The Contractor shall promptly take corrective action. (2) If the Contractor fails or refuses to institute prompt corrective action, the Contracting Officer may invoke the stop-work order clause in this contract. In addition to other remedies available to the Government— (i) The Contractor shall remove and replace any Contractor or subcontractor personnel performing under this contract who fail to comply with or violate applicable requirements of this clause; and (ii) The Contractor’s failure to comply with the requirements of this clause may be included in the appropriate databases of past performance and may be considered in any responsibility determination or evaluation of past performance. (g) The Contractor shall insert the substance of this clause, including this paragraph (g) in all subcontracts above the simplified acquisition threshold when the work will be conducted completely or partly on federally-controlled facilities. (End of clause) [FR Doc. 2015–19772 Filed 8–11–15; 8:45 am] BILLING CODE 7510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–BE93 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. AGENCY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) has submitted Amendment 15 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico SUMMARY: E:\FR\FM\12AUP1.SGM 12AUP1 48286 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Proposed Rules (FMP) for review, approval, and implementation by NMFS. Amendment 15 includes actions to revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp, and to revise the FMP framework procedures. DATES: Written comments must be received on or before October 13, 2015. ADDRESSES: You may submit comments on Amendment 15, identified by ‘‘NOAA–NMFS–2015–0097’’ by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20150097, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Susan Gerhart, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. 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.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Electronic copies of Amendment 15, which includes an environmental assessment, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_fisheries/shrimp/2015/ Am%2015/. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, or email: Susan.Gerhart@ noaa.gov. mstockstill on DSK4VPTVN1PROD with PROPOSALS SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to VerDate Sep<11>2014 15:48 Aug 11, 2015 Jkt 235001 submit any FMP or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment. The FMP being revised by Amendment 15 was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Background Amendment 15 would revise the MSY, overfishing threshhold, and the overfished threshold definitions and values for brown, white, and pink shrimp in the Gulf. MSY is the largest average catch that can continuously be taken from a stock under existing environmental conditions. Overfishing occurs when the rate of removal is too high and jeopardizes the capacity of a stock or stock complex to produce MSY on a continuing basis. A stock or stock complex is considered overfished when its biomass has declined below the capacity of the stock or stock complex to produce MSY on a continuing basis. The criteria and values for MSY, overfishing threshold, and overfished threshold for penaeid shrimp were established in Amendment 13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf penaeid shrimp stocks were assessed with a virtual population analysis (VPA), which reported output in terms of number of parents. However, the 2007 pink shrimp stock assessment VPA incorrectly determined pink shrimp were undergoing overfishing because the model could not accommodate low effort. In 2009, NMFS stock assessment analysts determined that the stock synthesis model was the best choice for modeling Gulf shrimp populations. The Council’s Scientific and Statistical Committee accepted the stock synthesis model as best scientific information available and Amendment 15 modifies the stock status determination criteria to match the biomass-based outputs of the stock synthesis model. These revisions to the penaeid shrimp stock status criteria are expected to have little to no change in the biological, physical, or ecological environments because these changes are only to the stock status PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 reference points and will not have a direct impact on the actual harvest of penaeid shrimp. Amendment 15 would also revise the FMP framework procedures. Framework procedures for a FMP allow changes in specific management measures and parameters that can be made more efficiently than changes made through a FMP plan amendment. Amendment 15 would make changes to the framework procedures to allow for modification of accountability measures under the standard documentation process of the open framework procedure. Also, outdated terminology, such as ‘‘total allowable catch’’ would be removed. Additionally, the phrase ‘‘transfer at sea provisions’’ would be removed from the list of framework procedures because this phrase was inadvertently included in the final rule for the Generic Annual Catch Limit Amendment (76 FR 82044, December 29, 2011). A proposed rule that would implement measures outlined in Amendment 15 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the MagnusonStevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 15 for Secretarial review, approval, and implementation. Comments received by October 13, 2015, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: August 7, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19822 Filed 8–11–15; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\12AUP1.SGM 12AUP1

Agencies

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Proposed Rules]
[Pages 48285-48286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19822]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BE93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 15

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

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Council) 
has submitted Amendment 15 to the Fishery Management Plan for the 
Shrimp Fishery of the Gulf of Mexico

[[Page 48286]]

(FMP) for review, approval, and implementation by NMFS. Amendment 15 
includes actions to revise the maximum sustainable yield (MSY), 
overfishing threshold, and overfished threshold definitions and values 
for three species of penaeid shrimp, and to revise the FMP framework 
procedures.

DATES: Written comments must be received on or before October 13, 2015.

ADDRESSES: You may submit comments on Amendment 15, identified by 
``NOAA-NMFS-2015-0097'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0097, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Susan Gerhart, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. 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.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 15, which includes an environmental 
assessment, a Regulatory Flexibility Act analysis, and a regulatory 
impact review, may be obtained from the Southeast Regional Office Web 
site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or email: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the plan or amendment is available for review and 
comment.
    The FMP being revised by Amendment 15 was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    Amendment 15 would revise the MSY, overfishing threshhold, and the 
overfished threshold definitions and values for brown, white, and pink 
shrimp in the Gulf. MSY is the largest average catch that can 
continuously be taken from a stock under existing environmental 
conditions. Overfishing occurs when the rate of removal is too high and 
jeopardizes the capacity of a stock or stock complex to produce MSY on 
a continuing basis. A stock or stock complex is considered overfished 
when its biomass has declined below the capacity of the stock or stock 
complex to produce MSY on a continuing basis.
    The criteria and values for MSY, overfishing threshold, and 
overfished threshold for penaeid shrimp were established in Amendment 
13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf 
penaeid shrimp stocks were assessed with a virtual population analysis 
(VPA), which reported output in terms of number of parents. However, 
the 2007 pink shrimp stock assessment VPA incorrectly determined pink 
shrimp were undergoing overfishing because the model could not 
accommodate low effort. In 2009, NMFS stock assessment analysts 
determined that the stock synthesis model was the best choice for 
modeling Gulf shrimp populations. The Council's Scientific and 
Statistical Committee accepted the stock synthesis model as best 
scientific information available and Amendment 15 modifies the stock 
status determination criteria to match the biomass-based outputs of the 
stock synthesis model. These revisions to the penaeid shrimp stock 
status criteria are expected to have little to no change in the 
biological, physical, or ecological environments because these changes 
are only to the stock status reference points and will not have a 
direct impact on the actual harvest of penaeid shrimp.
    Amendment 15 would also revise the FMP framework procedures. 
Framework procedures for a FMP allow changes in specific management 
measures and parameters that can be made more efficiently than changes 
made through a FMP plan amendment. Amendment 15 would make changes to 
the framework procedures to allow for modification of accountability 
measures under the standard documentation process of the open framework 
procedure. Also, outdated terminology, such as ``total allowable 
catch'' would be removed. Additionally, the phrase ``transfer at sea 
provisions'' would be removed from the list of framework procedures 
because this phrase was inadvertently included in the final rule for 
the Generic Annual Catch Limit Amendment (76 FR 82044, December 29, 
2011).
    A proposed rule that would implement measures outlined in Amendment 
15 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS 
is evaluating the proposed rule to determine whether it is consistent 
with the FMP, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish the proposed rule 
in the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 15 for Secretarial review, 
approval, and implementation. Comments received by October 13, 2015, 
whether specifically directed to the amendment or the proposed rule, 
will be considered by NMFS in its decision to approve, disapprove, or 
partially approve the amendment. Comments received after that date will 
not be considered by NMFS in this decision. All comments received by 
NMFS on the amendment or the proposed rule during their respective 
comment periods will be addressed in the final rule.

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

    Dated: August 7, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-19822 Filed 8-11-15; 8:45 am]
BILLING CODE 3510-22-P

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