80 FR 48285 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 155 (August 12, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 155 (August 12, 2015)
| Page Range | 48285-48286 | |
| FR Document | 2015-19822 |
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)] [Proposed Rules] [Pages 48285-48286] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19822] ======================================================================= ----------------------------------------------------------------------- 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 http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/index.html. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824- 5305, or email: [email protected]. 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
![Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Proposed Rules 48285
■ 2. Revise section 1823.7001 to read as ■ 4. Revise section 1852.223–70 to read providing access to employees; and relevant
follows: as follows: information in the possession of the
Contractor regarding the mishap or close call.
1823.7001 NASA solicitation provisions 1852.223–70 Safety and health measures (f)(1) The Contracting Officer may notify
and contract clauses. and mishap reporting. the Contractor in writing of any
(a) Insert the clause at 1852.223–70, As prescribed in 1823.7004(1)(a), noncompliance with the health and safety
Safety and Health Measures and Mishap insert the following clause: requirements of this contract and specify
Reporting, in solicitations and contracts corrective actions to be taken. When the
Safety and Health Measures and Mishap Contracting Officer becomes aware of
above the simplified acquisition Reporting noncompliance that may pose a serious or
threshold when the work will be imminent danger to safety and health of the
conducted completely or partly on (XX/XX)
public, astronauts and pilots, the NASA
federally-controlled facilities. (a) Safety is the freedom from those workforce (including contractor employees
(b) The clause prescribed in paragraph conditions that can cause death, injury, working on NASA contracts), or high value
(a) of this section may be excluded, with occupational illness, damage to or loss of mission critical equipment or property, the
the approval of the installation equipment or property, or damage to the Contracting Officer shall notify the
official(s) responsible for matters of environment. NASA’s safety priority is to Contractor orally, with written confirmation.
safety and occupational health. protect: (1) The public, (2) astronauts and The Contractor shall promptly take corrective
pilots, (3) the NASA workforce (including action.
(c) The contracting officer shall insert
contractor employees working on NASA (2) If the Contractor fails or refuses to
the provision at 1852.223–73, Safety contracts), and (4) high-value equipment and
and Health Plan, in solicitations institute prompt corrective action, the
property. Contracting Officer may invoke the stop-work
containing the clause at 1852.223–70. (b) The Contractor shall take all reasonable order clause in this contract. In addition to
This provision may be modified to safety and occupational health measures in other remedies available to the
identify specific information that is to performing this contract. The Contractor Government—
be included in the plan. After receiving shall maintain an effective worksite safety (i) The Contractor shall remove and replace
the concurrence of the center safety and and health program with organized and any Contractor or subcontractor personnel
occupational health official(s), the systematic methods to— performing under this contract who fail to
contracting officer shall include the (1) Comply with Federal, State, and local comply with or violate applicable
safety and occupational health laws and with requirements of this clause; and
plan in any resulting contract. Insert the
the safety and occupational health (ii) The Contractor’s failure to comply with
provision with its Alternate I, in requirements of this contract; the requirements of this clause may be
Invitations for Bid containing the clause (2) Describe and assign the responsibilities included in the appropriate databases of past
at 1852.223–70. of managers, supervisors, and employees; performance and may be considered in any
(d)(1)The contracting officer shall (3) Inspect regularly for and identify, responsibility determination or evaluation of
insert the clause at 1852.223–75, Major evaluate, prevent, and control hazards; past performance.
Breach of Safety or Security, in all (4) Orient and train employees to eliminate (g) The Contractor shall insert the
solicitations and contracts with or avoid hazards; and substance of this clause, including this
estimated values of $500,000 or more, (5) Periodically review the program’s paragraph (g) in all subcontracts above the
unless waived at a level above the effectiveness. Authorized Government simplified acquisition threshold when the
representatives shall have access to and the work will be conducted completely or partly
contracting officer with the concurrence
right to examine the work site and related on federally-controlled facilities.
of the project manager and the records under this contract in order to
installation official(s) responsible for determine the adequacy of the Contractor’s (End of clause)
matters of security, export control, safety and occupational health measures. [FR Doc. 2015–19772 Filed 8–11–15; 8:45 am]
safety, and occupational health. (c) The Contractor shall take, or cause to
BILLING CODE 7510–13–P
(2) Insert the clause with its Alternate be taken, any other safety, and occupational
I if— health measures the Contracting Officer may
(i) The solicitation or contract is with reasonably direct. To the extent that the
an educational or other nonprofit Contractor may be entitled to an equitable DEPARTMENT OF COMMERCE
institution and contains the termination adjustment for those measures under the
clause at FAR 52.249–5; or terms and conditions of this contract, the National Oceanic and Atmospheric
(ii) The solicitation or contract is for equitable adjustment shall be determined Administration
pursuant to the procedures of the changes
commercial items and contains the clause of this contract; provided, that no
clause at FAR 52.212–4. 50 CFR Part 622
adjustment shall be made under this Safety
(3) For contracts with estimated and Health clause for any change for which RIN 0648–BE93
values below $500,000, use of the clause an equitable adjustment is expressly
is optional. provided under any other clause of the Fisheries of the Caribbean, Gulf of
(e) For all solicitations and contracts contract. Mexico, and South Atlantic; Shrimp
exceeding the micro-purchase threshold (d) The Contractor shall immediately notify Fishery of the Gulf of Mexico;
that do not include the clause at the Contracting Officer or a designee of any Amendment 15
1852.223–70, Safety and Health, the Type A, B, C, or D Mishap, or close calls as
contracting officer shall insert the clause defined in NASA Procedural Requirement AGENCY: National Marine Fisheries
at 1852.223–72, Safety and Health (NPR) 8621.1, Mishap and Close Call Service (NMFS), National Oceanic and
Reporting, Investigating, and Recordkeeping. Atmospheric Administration (NOAA),
(Short Form). In addition, service contractors (excluding
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Commerce.
construction contracts) shall provide
PART 1852—SOLICITATION ACTION: Notice of availability; request
quarterly reports specifying lost-time
PROVISIONS AND CONTRACT frequency rate, number of lost-time injuries, for comments.
CLAUSES exposure, and accident/incident dollar
losses. SUMMARY: The Gulf of Mexico (Gulf)
■ 3. The authority citation for part 1852 Fishery Management Council (Council)
(e) The Contractor shall cooperate with any
continues to read as follows: Government-authorized investigation of Type has submitted Amendment 15 to the
Authority: 51 U.S.C. 20113(a) and 48 CFR A, B, C, or D Mishaps, or Close Calls reported Fishery Management Plan for the
chapter 1. pursuant to paragraph (d) of this clause by Shrimp Fishery of the Gulf of Mexico
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![48286 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Proposed Rules
(FMP) for review, approval, and submit any FMP or amendment to reference points and will not have a
implementation by NMFS. Amendment NMFS for review and approval, partial direct impact on the actual harvest of
15 includes actions to revise the approval, or disapproval. The penaeid shrimp.
maximum sustainable yield (MSY), Magnuson-Stevens Act also requires Amendment 15 would also revise the
overfishing threshold, and overfished that NMFS, upon receiving a plan or FMP framework procedures. Framework
threshold definitions and values for amendment, publish an announcement procedures for a FMP allow changes in
three species of penaeid shrimp, and to in the Federal Register notifying the specific management measures and
revise the FMP framework procedures. public that the plan or amendment is parameters that can be made more
DATES: Written comments must be available for review and comment. efficiently than changes made through a
received on or before October 13, 2015. The FMP being revised by FMP plan amendment. Amendment 15
ADDRESSES: You may submit comments Amendment 15 was prepared by the would make changes to the framework
on Amendment 15, identified by Council and implemented through procedures to allow for modification of
‘‘NOAA–NMFS–2015–0097’’ by any of regulations at 50 CFR part 622 under the accountability measures under the
the following methods: authority of the Magnuson-Stevens Act. standard documentation process of the
• Electronic Submission: Submit all open framework procedure. Also,
Background
electronic public comments via the outdated terminology, such as ‘‘total
Amendment 15 would revise the allowable catch’’ would be removed.
Federal e-Rulemaking Portal. Go to
MSY, overfishing threshhold, and the Additionally, the phrase ‘‘transfer at sea
www.regulations.gov/
overfished threshold definitions and provisions’’ would be removed from the
#!docketDetail;D=NOAA-NMFS-2015-
values for brown, white, and pink list of framework procedures because
0097, click the ‘‘Comment Now!’’ icon,
shrimp in the Gulf. MSY is the largest this phrase was inadvertently included
complete the required fields, and enter
average catch that can continuously be in the final rule for the Generic Annual
or attach your comments.
• Mail: Submit written comments to taken from a stock under existing Catch Limit Amendment (76 FR 82044,
Susan Gerhart, Southeast Regional environmental conditions. Overfishing December 29, 2011).
Office, NMFS, 263 13th Avenue South, occurs when the rate of removal is too A proposed rule that would
St. Petersburg, FL 33701. high and jeopardizes the capacity of a implement measures outlined in
Instructions: Comments sent by any stock or stock complex to produce MSY Amendment 15 has been drafted. In
other method, to any other address or on a continuing basis. A stock or stock accordance with the Magnuson-Stevens
individual, or received after the end of complex is considered overfished when Act, NMFS is evaluating the proposed
the comment period, may not be its biomass has declined below the rule to determine whether it is
considered by NMFS. All comments capacity of the stock or stock complex consistent with the FMP, the Magnuson-
received are a part of the public record to produce MSY on a continuing basis. Stevens Act, and other applicable law.
and will generally be posted for public The criteria and values for MSY, If that determination is affirmative,
viewing on www.regulations.gov overfishing threshold, and overfished NMFS will publish the proposed rule in
without change. All personal identifying threshold for penaeid shrimp were the Federal Register for public review
information (e.g., name, address, etc.), established in Amendment 13 to the and comment.
confidential business information, or FMP (71 FR 56039, September 26,
2006). Historically, Gulf penaeid shrimp Consideration of Public Comments
otherwise sensitive information
submitted voluntarily by the sender will stocks were assessed with a virtual The Council has submitted
be publicly accessible. NMFS will population analysis (VPA), which Amendment 15 for Secretarial review,
accept anonymous comments (enter reported output in terms of number of approval, and implementation.
‘‘N/A’’ in the required fields if you wish parents. However, the 2007 pink shrimp Comments received by October 13,
to remain anonymous). stock assessment VPA incorrectly 2015, whether specifically directed to
Electronic copies of Amendment 15, determined pink shrimp were the amendment or the proposed rule,
which includes an environmental undergoing overfishing because the will be considered by NMFS in its
assessment, a Regulatory Flexibility Act model could not accommodate low decision to approve, disapprove, or
analysis, and a regulatory impact effort. In 2009, NMFS stock assessment partially approve the amendment.
review, may be obtained from the analysts determined that the stock Comments received after that date will
Southeast Regional Office Web site at synthesis model was the best choice for not be considered by NMFS in this
http://sero.nmfs.noaa.gov/sustainable_ modeling Gulf shrimp populations. The decision. All comments received by
fisheries/gulf_fisheries/shrimp/2015/ Council’s Scientific and Statistical NMFS on the amendment or the
Am%2015/index.html. Committee accepted the stock synthesis proposed rule during their respective
model as best scientific information comment periods will be addressed in
FOR FURTHER INFORMATION CONTACT:
available and Amendment 15 modifies the final rule.
Susan Gerhart, telephone: 727–824– the stock status determination criteria to
5305, or email: Susan.Gerhart@ Authority: 16 U.S.C. 1801 et seq.
match the biomass-based outputs of the
noaa.gov. stock synthesis model. These revisions Dated: August 7, 2015.
SUPPLEMENTARY INFORMATION: The to the penaeid shrimp stock status Alan D. Risenhoover,
Magnuson-Stevens Fishery criteria are expected to have little to no Director, Office of Sustainable Fisheries,
Conservation and Management Act change in the biological, physical, or National Marine Fisheries Service.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(Magnuson-Stevens Act) requires each ecological environments because these [FR Doc. 2015–19822 Filed 8–11–15; 8:45 am]
regional fishery management council to changes are only to the stock status BILLING CODE 3510–22–P
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Document Created: 2016-09-27 22:27:03
Document Modified: 2016-09-27 22:27:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability; request for comments. | |
| Dates | Written comments must be received on or before October 13, 2015. | |
| Contact | Susan Gerhart, telephone: 727-824- 5305, or email: [email protected] | |
| FR Citation | 80 FR 48285 | |
| RIN Number | 0648-BE93 |
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