Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; 2023 Red Snapper Commercial and Recreational Fishing Seasons, 33838-33839 [2023-11218]
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33838
Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations
(2) Contracting officers shall
document in the contract file the
justification for withholding or not
withholding payments if the qualifying
proposal was not submitted in
accordance with the contract
definitization schedule.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Revise section 252.217–7027 to
read as follows:
■
252.217–7027
Contract Definitization.
As prescribed in 217.7406(b), use the
following clause:
lotter on DSK11XQN23PROD with RULES1
Contract Definitization (May 2023)
(a) Alll [insert specific type of contract
action] is contemplated. The Contractor
agrees to begin promptly negotiating with the
Contracting Officer the terms of a definitive
contract that will include—
(1) All clauses required by the Federal
Acquisition Regulation (FAR) on the date of
execution of the undefinitized contract
action;
(2) All clauses required by law on the date
of execution of the definitive contract action;
and
(3) Any other mutually agreeable clauses,
terms, and conditions.
(b) The Contractor agrees to submit alll
[insert type of proposal; e.g., fixed-price or
cost-and-fee] proposal and certified cost or
pricing data supporting its proposal.
Notwithstanding FAR 52.216–26, Payments
of Allowable Costs Before Definitization,
failure to meet the qualifying proposal date
in the contract definitization schedule could
result in the Contracting Officer withholding
an amount up to 5 percent of all subsequent
requests for financing until the Contracting
Officer determines that a proposal is
qualifying.
(c) The schedule for definitizing this
contract action is as follows [insert target
date for definitization of the contract action
and dates for submission of proposal,
beginning of negotiations, and, if
appropriate, submission of the make-or-buy
and subcontracting plans and certified cost
or pricing data]:
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
lllllllllllllllllllll
(d) If agreement on a definitive contract
action to supersede this undefinitized
contract action is not reached by the target
date in paragraph (c) of this clause, or within
any extension of it granted by the Contracting
Officer, the Contracting Officer may, with the
approval of the head of the contracting
activity, determine a reasonable price or fee
in accordance with FAR subpart 15.4 and
part 31, subject to Contractor appeal as
provided in the Disputes clause. In any
event, the Contractor shall proceed with
completion of the contract, subject only to
the Limitation of Government Liability
clause.
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15:53 May 24, 2023
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(1) After the Contracting Officer’s
determination of price or fee, the contract
shall be governed by—
(i) All clauses required by the FAR on the
date of execution of this undefinitized
contract action for either fixed-price or costreimbursement contracts, as determined by
the Contracting Officer under this paragraph
(d);
(ii) All clauses required by law as of the
date of the Contracting Officer’s
determination; and
(iii) Any other clauses, terms, and
conditions mutually agreed upon.
(2) To the extent consistent with paragraph
(d)(1) of this clause, all clauses, terms, and
conditions included in this undefinitized
contract action shall continue in effect,
except those that by their nature apply only
to an undefinitized contract action.
(e) The definitive contract resulting from
this undefinitized contract action will
include a negotiatedlll [insert ‘‘cost/price
ceiling’’ or ‘‘firm-fixed price’’] in no event to
exceedll[insert the not-to-exceed amount].
(End of clause)
[FR Doc. 2023–11139 Filed 5–24–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1710319998630–02; RTID 0648–
XC946]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; 2023 Red Snapper
Commercial and Recreational Fishing
Seasons
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; 2023 fishing
seasons notification.
AGENCY:
NMFS announces the limited
opening of commercial and recreational
red snapper in the exclusive economic
zone (EEZ) of the South Atlantic for the
2023 fishing year. This notification
announces the 2023 red snapper
commercial season opening date and the
opening and closing dates for the red
snapper recreational season, according
to the accountability measures (AMs).
This season announcement for South
Atlantic red snapper allows fishers to
maximize their opportunity to harvest
the commercial and recreational annual
catch limits (ACLs) while also managing
harvest to protect the red snapper
resource.
SUMMARY:
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The 2023 commercial red
snapper season opens at 12:01 a.m.,
local time, July 10, 2023, until 12:01
a.m., local time, January 1, 2024, unless
changed by subsequent notification in
the Federal Register. The 2023
recreational red snapper season opens at
12:01 a.m., local time, on July 14, 2023,
and closes at 12:01 a.m., local time, on
July 16, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
The South
Atlantic snapper-grouper fishery
includes red snapper and is managed
under the Fishery Management Plan for
the Snapper-Grouper Fishery of the
South Atlantic Region (FMP). The South
Atlantic Fishery Management Council
(Council) prepared the FMP, and the
FMP is implemented by NMFS under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
For South Atlantic red snapper, the
commercial AM requires the sector to
close when commercial landings reach
or are projected to reach the commercial
ACL. The recreational AM is the length
of the recreational season, with NMFS
projecting the season length based on
catch rate estimates from previous years.
The commercial ACL is 124,815 lb
(56,615 kg), round weight, and in 2022,
NMFS closed the commercial sector on
August 31 as a result of the commercial
ACL being projected to be met (87 FR
52859, August 30, 2022). The
recreational ACL is 29,656 fish, and
NMFS has determined that recreational
landings are expected to reach the
recreational ACL in a 2-day season.
The commercial season for South
Atlantic red snapper begins each year
on the second Monday in July and
closes when the commercial ACL is
reached or is projected to be reached.
Accordingly, the 2023 commercial
season opens on July 10, 2023, and will
remain open until 12:01 a.m., local time,
on January 1, 2024, unless the
commercial ACL is reached or projected
to be reached prior to this date. During
the commercial fishing season, the
commercial trip limit is 75 lb (34 kg),
gutted weight. NMFS will monitor
commercial landings during the open
season, and if commercial landings
reach or are projected to reach the
commercial ACL, then NMFS will file a
notification with the Office of the
Federal Register to close the commercial
sector for red snapper for the remainder
of the fishing year.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations
The recreational season for South
Atlantic red snapper begins on the
second Friday in July. Accordingly, the
2023 recreational red snapper season
opens at 12:01 a.m., local time, on July
14, 2023, and closes at 12:01 a.m., local
time, on July 16, 2023. During the
recreational season, the recreational bag
limit is one red snapper per person, per
day. After the closure of the recreational
sector, the bag and possession limits for
red snapper are zero.
There is not a red snapper minimum
or maximum size limit for the
commercial and recreational sectors
during the open seasons.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.183(b)(5)(i) and 622.193(y), which
were issued pursuant to section 304(b),
and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be unnecessary and contrary to
the public interest. Such procedures are
unnecessary because the rule
establishing the red snapper ACLs and
AMs has already been subject to notice
and comment, and all that remains is to
notify the public of the respective
commercial and recreational fishing
seasons.
In addition, providing prior notice
and an opportunity for public comment
is contrary to the public interest because
the seasons begin in early July and
announcing the length of the fishing
seasons now allows each sector to
prepare for the upcoming harvest,
provides opportunity to for-hire fishing
vessels to book trips that could increase
their revenues and profits, and gives the
South Atlantic states the time needed to
prepare for their respective data
collection needs for the season.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 22, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
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[FR Doc. 2023–11218 Filed 5–22–23; 4:15 pm]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
15:53 May 24, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 230518–0134]
RIN 0648–BL94
Atlantic Highly Migratory Species
(HMS); Atlantic Tunas General
Category Restricted-Fishing Days
(RFDs)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
This temporary rule sets
Atlantic bluefin tuna (BFT) General
category restricted-fishing days (RFDs)
for all Tuesdays, Fridays, and Saturdays
from July 1 through November 30, 2023.
On an RFD, Atlantic Tunas General
category permitted vessels may not fish
for (including catch-and-release or tagand-release fishing), possess, retain,
land, or sell BFT. On an RFD, HMS
Charter/Headboat permitted vessels
with a commercial sale endorsement
also are subject to these restrictions and
may not fish commercially for BFT
under the General category restrictions
and retention limits, but such vessels
may still fish for, possess, retain, or land
BFT when fishing recreationally under
applicable HMS Angling category rules.
NMFS may waive previously scheduled
RFDs under certain circumstances, but
will not modify the previously
scheduled RFDs during the fishing year
in other ways (such as changing an RFD
from one date to another or adding
RFDs).
SUMMARY:
Effective July 1, 2023, through
November 30, 2023.
ADDRESSES: Copies of this temporary
rule and supporting documents are
available from the HMS Management
Division website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by
contacting Erianna Hammond at
erianna.hammond@noaa.gov or 301–
427–8503.
FOR FURTHER INFORMATION CONTACT:
Erianna Hammond, erianna.hammond@
noaa.gov, or Larry Redd, Jr., larry.redd@
noaa.gov, at 301–427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries, including BFT fisheries,
are managed under the authority of the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.) and the
Magnuson-Stevens Fishery
DATES:
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33839
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (2006
Consolidated HMS FMP) and its
amendments are implemented by
regulations at 50 CFR part 635. Section
635.27 divides the U.S. BFT quota,
recommended by the International
Commission for the Conservation of
Atlantic Tunas (ICCAT) and as
implemented by the United States,
among the various domestic fishing
categories per the allocations
established in the 2006 Consolidated
HMS FMP and its amendments. Section
635.23 specifies the retention limit
provisions for Atlantic Tunas General
category permitted vessels and HMS
Charter/Headboat permitted vessels,
including regarding RFDs.
Specific information regarding RFDs,
request for comments, and the current
U.S. quota and General category
subquotas, was provided in the
preamble to the proposed rule (88 FR
13771, March 6, 2023) and is not
repeated here.
As described in the proposed rule,
NMFS is undertaking this rulemaking to
address and avoid repetition of certain
issues that affected the General category
BFT fishery in previous years and could
recur without additional action. Those
issues include the shortened time to fish
under the General category subquotas
that occurs when the quota is filled
quickly, and the increased numbers of
BFT that are landed but not sold to
dealers because of market gluts. Because
the use of RFDs in 2022 succeeded in
extending fishing opportunities through
a greater portion of the relevant General
Category time periods and the fishing
season overall, consistent with
management objectives for the fishery,
NMFS proposed an RFD schedule for
parts of the 2023 and 2024 fishing years.
The comment period for the proposed
rule closed on April 5, 2023. NMFS
received 43 written comments,
including comments from commercial
and recreational fishermen, Atlantic
tunas dealers, and the general public as
well as oral comments at a public
hearing held by webinar. The comments
received and responses to those
comments are summarized below in the
Response to Comments section.
After considering public comments on
the proposed rule in light of the
management goals of this action, NMFS
is finalizing an RFD schedule for the
June through August, September, and
October through November 2023 time
periods and is not finalizing an RFD
schedule for the December 2023 or
January through March 2024 time
periods. Setting an RFD schedule for
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Agencies
[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33838-33839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11218]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1710319998630-02; RTID 0648-XC946]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Resources of the South Atlantic; 2023 Red Snapper
Commercial and Recreational Fishing Seasons
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; 2023 fishing seasons notification.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the limited opening of commercial and
recreational red snapper in the exclusive economic zone (EEZ) of the
South Atlantic for the 2023 fishing year. This notification announces
the 2023 red snapper commercial season opening date and the opening and
closing dates for the red snapper recreational season, according to the
accountability measures (AMs). This season announcement for South
Atlantic red snapper allows fishers to maximize their opportunity to
harvest the commercial and recreational annual catch limits (ACLs)
while also managing harvest to protect the red snapper resource.
DATES: The 2023 commercial red snapper season opens at 12:01 a.m.,
local time, July 10, 2023, until 12:01 a.m., local time, January 1,
2024, unless changed by subsequent notification in the Federal
Register. The 2023 recreational red snapper season opens at 12:01 a.m.,
local time, on July 14, 2023, and closes at 12:01 a.m., local time, on
July 16, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
includes red snapper and is managed under the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The
South Atlantic Fishery Management Council (Council) prepared the FMP,
and the FMP is implemented by NMFS under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
For South Atlantic red snapper, the commercial AM requires the
sector to close when commercial landings reach or are projected to
reach the commercial ACL. The recreational AM is the length of the
recreational season, with NMFS projecting the season length based on
catch rate estimates from previous years.
The commercial ACL is 124,815 lb (56,615 kg), round weight, and in
2022, NMFS closed the commercial sector on August 31 as a result of the
commercial ACL being projected to be met (87 FR 52859, August 30,
2022). The recreational ACL is 29,656 fish, and NMFS has determined
that recreational landings are expected to reach the recreational ACL
in a 2-day season.
The commercial season for South Atlantic red snapper begins each
year on the second Monday in July and closes when the commercial ACL is
reached or is projected to be reached. Accordingly, the 2023 commercial
season opens on July 10, 2023, and will remain open until 12:01 a.m.,
local time, on January 1, 2024, unless the commercial ACL is reached or
projected to be reached prior to this date. During the commercial
fishing season, the commercial trip limit is 75 lb (34 kg), gutted
weight. NMFS will monitor commercial landings during the open season,
and if commercial landings reach or are projected to reach the
commercial ACL, then NMFS will file a notification with the Office of
the Federal Register to close the commercial sector for red snapper for
the remainder of the fishing year.
[[Page 33839]]
The recreational season for South Atlantic red snapper begins on
the second Friday in July. Accordingly, the 2023 recreational red
snapper season opens at 12:01 a.m., local time, on July 14, 2023, and
closes at 12:01 a.m., local time, on July 16, 2023. During the
recreational season, the recreational bag limit is one red snapper per
person, per day. After the closure of the recreational sector, the bag
and possession limits for red snapper are zero.
There is not a red snapper minimum or maximum size limit for the
commercial and recreational sectors during the open seasons.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.183(b)(5)(i) and
622.193(y), which were issued pursuant to section 304(b), and is exempt
from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be unnecessary and contrary to the public interest.
Such procedures are unnecessary because the rule establishing the red
snapper ACLs and AMs has already been subject to notice and comment,
and all that remains is to notify the public of the respective
commercial and recreational fishing seasons.
In addition, providing prior notice and an opportunity for public
comment is contrary to the public interest because the seasons begin in
early July and announcing the length of the fishing seasons now allows
each sector to prepare for the upcoming harvest, provides opportunity
to for-hire fishing vessels to book trips that could increase their
revenues and profits, and gives the South Atlantic states the time
needed to prepare for their respective data collection needs for the
season.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 22, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-11218 Filed 5-22-23; 4:15 pm]
BILLING CODE 3510-22-P