Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57665

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Patrick Flynn, NASA, Office of 

Procurement, Contract Management 

Division (Code HK), Washington, DC 

20546. Comments can also be submitted 

by e-mail to: patrick.flynn@nasa.gov.

FOR FURTHER INFORMATION CONTACT:

Patrick Flynn, NASA, Office of 

Procurement, Contract Management 

Division (Code HK); (202) 358–0460; email: patrick.flynn@nasa.gov.

SUPPLEMENTARY INFORMATION: 

A. General 

The current process requires 

submission of a Small Business 

Subcontracting Plan when appropriate, 

at the award stage of the NASA 

Research Announcement (NRA) cycle. It 

is often too late to consider small 

business subcontracting at this stage if 

it was not planned in advance. Under 

this proposed rule requiring submission 

of the plan with the proposal, offerors 

will consider small business 

subcontracting opportunities in their 

proposal planning process. This change 

in process will significantly increase the 

opportunities for small business 

participation in NASA Research 

Announcements and research and 

development contracting within the 

Agency. The NASA Guidebook for 

Proposers Responding to a NRA 

currently advises NRA proposers to 

document all publications with an 

acknowledgement as well as include a 

disclaimer on certain published 

materials. However, regulatory 

language, which allows implementation 

of these requirements, does not 

currently exist. This change will require 

incorporation of the acknowledgement 

and disclaimer language on the 

appropriate published material. 

This proposed rule is not a major rule 

under 5 U.S.C. 804. 

B. Regulatory Flexibility Act 

This proposed rule does not 

constitute a significant revision within 

the meaning of FAR 1.501 and Pub. L. 

98–577, and publication for public 

comment is not required. However, 

NASA will consider comments from 

small entities concerning the affected 

NFS Part 1835 in accordance with 5 

U.S.C. 610. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes do not 

impose recordkeeping or information 

collection requirements which require 

the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 1852

Government procurement.

Tom Luedtke, 

Deputy Chief Acquisition Officer/ Director for 

Procurement.

Accordingly, 48 CFR part 1852 is 

proposed to be amended as follows:

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1. The authority citation for 48 CFR 

Part 1852 continues to read as follows:

Authority: 42 U.S.C. 2473(c)(1).

2. Amend section 1852.235–72 by 

revising the date of the clause and 

paragraph (a)(4) to read as follows:

1852.235–72 Instructions for responding 

to NASA research announcements.

* * * * *

Instructions for Responding to NASA 

Research Announcements (Month/Year 

of Final Rule Publication Date) 

(a) * * *

(4) A contract, grant, cooperative 

agreement, or other agreement may be 

used to accomplish an effort funded in 

response to an NRA. NASA will 

determine the appropriate award 

instrument. Contracts resulting from 

NRAs are subject to the Federal 

Acquisition Regulation and the NASA 

FAR Supplement. Any proposal from a 

large business concern that may result 

in the award of a contract, which 

exceeds $500,000 and has 

subcontracting possibilities should 

include a small business subcontracting 

plan in accordance with the clause at 

FAR 52.219–9, Small Business 

Subcontracting Plan. Any resultant 

grants or cooperative agreements will be 

awarded and administered in 

accordance with the NASA Grant and 

Cooperative Agreement Handbook (NPR 

5800.1).

* * * * *

1852.235–73 [Amended] 

3. A. Amend section 1852.235–73 by 

revising the date of the clause to read 

[Date of Final Rule publication] and, in 

the first sentence of paragraph (b) 

removing the reference ‘‘NPG 2200.2A’’

and adding ‘‘NPR 2200.2’’ in its place. 

B. Amend section 1852.235–73, 

Alternate II, by revising the date of the 

clause and adding a new paragraph (f) 

to read as follows: 

Alternate II (Month/Year of Final Rule 

Publication Date)

* * * * *

(f) All publications of any material 

based on or developed under NASA 

sponsored projects shall include an 

acknowledgement similar to the 

following: 

‘‘The material is based upon work 

supported by the National Aeronautics 

and Space Administration under 

Contract Number XXXX.’’

Except for articles or papers published 

in scientific, technical or professional 

journals, the exposition of results from 

NASA supported research shall also 

include the following disclaimer: 

‘‘Any opinions, findings, and 

conclusions or recommendations 

expressed in this material are those of 

the author(s) and do not necessarily 

reflect the views of the National 

Aeronautics and Space 

Administration.’’

[FR Doc. 04–21414 Filed 9–24–04; 8:45 am] 

BILLING CODE 7510–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[I.D. 092004A]

Western Pacific Fishery Management 

Council; Public Meetings

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of public meetings and 

hearings.

SUMMARY: The Western Pacific Fishery 

Management Council (Council) will 

hold its 124th meeting to consider and 

take actions on fishery management 

issues in the Western Pacific Region. A 

meeting of the Council’s Scientific and 

Statistical Committee (SSC) will also be 

held.

DATES: The 87th SSC meeting will be 

held on October 5–7, 2004. The 124th 

Council meeting and public hearings 

will be held on October 12–15, 2004. 

For specific times, and the agenda, see 

SUPPLEMENTARY INFORMATION.

ADDRESSES: The 87th SSC meeting will 

be held at the Western Pacific Fishery 

Council Conference room, 1164 Bishop 

Street, Suite 1400, Honolulu, HI. The 

124th Council meeting and public 

hearings will be held at the Pagoda 

Hotel, 1525 Rycroft Street, Honolulu, 

HI; telephone: 808–943–6611.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director; 

telephone: (808) 522–8220.

SUPPLEMENTARY INFORMATION: In 

addition to the agenda items listed here, 

57666 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

the SSC and Council will hear 

recommendations from other Council 

advisory groups. Public comment 

periods will be provided throughout the 

agenda. The order in which agenda 

items are addressed may change. The 

SSC and Council will meet as late as 

necessary to complete scheduled 

business.

Schedule and Agenda for SSC

9 a.m. Tuesday,October 5, 2004

1. Introductions

2. Approval of draft agenda and 

assignment of rapporteurs

3. Approval of the minutes of the 86th 

meeting

4. SEDAR approach to stock assessment

5. Insular fisheries

A. Final action on Commonwealth of 

Northern Mariana Islands (CNMI) 

bottomfish management

B. Initial action on recreational data 

bottomfish pilot project

C. Honolulu restaurant survey

D. 2004 NWHI lobster cruise and charter 

plans

E. NWHI lobster Multi-FAN stock 

assessment

F. Current precious coral research

G. Initial action on black coral 

management measures

H. Deep sea coral management

6. Ecosystem and habitat

A. Mariana Archipelago fishery 

ecosystem plan pilot project

B. Initial action on geographic fishery 

ecosystem plans

C. NWHI sanctuary alternatives

1. National Ocean Service (NOS) goals, 

objectives and alternatives

2. Initial action on bottomfish measures

3. Initial action on crustaceans measures

4. Initial action on precious corals 

measures

5. Initial action on coral reef ecosystems 

measures

6. Initial action on pelagics measures

8:30 a.m. Wednesday, Oct 6, 2004

A. Final action on pelagic squid 

management

B. Final action on seabird measures

C. American Samoa and Hawaii longline 

fisheries

1. Quarterly reports

D. International issues

1. Bigeye tuna management measures

2. 17th standing Committee on Tuna 

and Billfish

3. Food and Agricultural Organization 

(FAO) technical consultation on turtles

4. Sapporo meeting on fishing capacity

5. Western and Central Pacific Fisheries 

Convention Preparatory Conference 7

6. NMFS Highly Migratory Species 

Summit

7. Fishing experiments workshop

8. 3rd International Fishers Forum

E. Pelagic Plan Team recommendations

8. Protected species

A. Sea turtles

1. Hawaiian green sea turtle de-listing 

workshop

2. Turtle fibropapilloma workshop

B. Marine mammals

1. False killer whale workshop and list 

of fisheries

2. Council advisory committee on 

marine mammals

C. Endangered Species Act 

(ESA)jeopardy workshop

8:30 a.m. Thursday, Oct 7, 2004

9. Other business

A. 88th SSC meeting

Schedule and Agenda for Council 

Standing Committee Meetings

Tuesday, October 12, 2004

1. 8a.m. - 10 a.m. Enforcement/Vessel 

Monitoring Systems Standing 

Committee

2. 8 a.m. - 10 a.m. Ecosystem and 

Habitat Standing Committee

3. 10 a.m. - Noon Pelagic and 

International Standing Committee

4. 10 a.m. - Noon Bottomfish Standing 

Committee

5. 1:30 p.m. - 3:30 p.m. Precious Corals/

Crustaceans Standing Committee

6. 1:30 p.m. - 3:30 p.m. Indigenous 

Rights Standing Committee

7. 3:30 p.m. - 5 p.m. Executive/Budget 

and Program Standing Committee

Schedule and Agenda for Public 

Hearings

Thursday, October 14, 2004

9 a.m. - 9:30 a.m. Initial action on a 

framework adjustment to measures in 

the Fishery Management Plan for the 

Precious Corals Fisheries of the Western 

Pacific Region (Precious Corals FMP) to 

revise the requirements for the 

minimum harvest size of black corals.

11:30 a.m. - 12 Noon. Final Action on 

measures to manage CNMI bottomfish 

and initial action on options to collect 

Hawaii recreational bottomfish data.

5 p.m. - 6 p.m. Initial action on 

ecosystem approaches for developing 

geographic fishery ecosystem plans, and 

initial action on management measures 

for NWHI bottomfish, crustacean, 

precious coral, pelagic and coral reef 

ecosystem fisheries, pursuant to the 

proposed designation of the NWHI Coral 

Reef Ecosystem Reserve as a national 

marine sanctuary.

Friday, October 15, 2004

10 a.m. - 10:15 a.m. Final action on 

management measures for pelagic squid 

and seabirds.

The agenda during the full Council 

meeting will include the items listed 

here.

For more information on public 

hearing items, see BACKGROUND

INFORMATION.

Schedule and Agenda for Council 

Meeting

8:30 a.m - 5 p.m. Wednesday, October 

13, 2004

1. Introductions

2. Approval of agenda

3. Approval of 123rd meeting minutes

4. Island reports

A. American Samoa

B. Guam

C. Hawaii

D. CNMI

5. Reports from fishery agencies and 

organizations

A. Department of Commerce

a. NMFS

i. Pacific Islands Regional Office

ii. Pacific Islands Fisheries Science 

Center

b. National Marine Sanctuary Program

i. Pacific Sanctuaries update

c. NOAA General Counsel Southwest 

Region

B. The Department of Interior - The U.S. 

Fish and Wildlife Service (USFWS)

C. State Department

D. Report from the Nature Conservancy

6. Enforcement/vessel monitoring 

systems A. US Coast Guard activities

B. NMFS activities

C. Enforcement activities of local 

agencies

D. Status of violations

E. Update on electronic logbooks 

regulatory amendment

F. NWHI enforcement strategy 

workshop

7. Observer programs

A. Report on the NWHI bottomfish 

observer program

B. Report on the native observer 

program

C. Report on the Hawaii longline 

observer program

D. Report on the American Samoa 

observer program

8. Fishery rights of indigenous peoples

A. Community Demonstration Projects 

Program (2nd solicitation)

B. Update on Guam Community 

Development Plan

C. Secretariat of the Pacific community 

and Council coastal fisheries 

management workshop

D. Marine Conservation Plans (MCP)

1. Guam MCP

2. American Samoa MCP

9. Pacific Islands Region Strategic Plan

Fisher’s Forum: Recreational Fisheries 

Data and Pacific Islands Region 

Strategic Plan (6:30 p.m.-9 p.m.)

8:30 a.m. 5 p.m. Thursday, October 14, 

2004

10. Insular fisheries

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 57667

A. Precious corals fisheries

a. Black coral management measures 

(initial action)

b. Current precious coral research

c. Deep sea coral management

B. Crustaceans fisheries

a. 2004 NWHI cruise and charter plans

b. Multi-FAN stock assessment

C. Bottomfish fisheries

a. CNMI bottomfish management 

measures (final action)

b. Honolulu restaurant survey

c. Recreational data (initial action)

D. Ecosystem and habitat

a. Mariana Archipelago fishery 

ecosystem plan pilot project

b. Geographic fishery ecosystem plan 

(initial action)

c. NWHI Sanctuary alternatives (initial 

action)

i. NOS goals, objectives and alternatives

ii. Bottomfish management measures

iii. Crustacean management measures

iv. Precious corals management 

measures

v. Pelagic management measures

vi. Coral reef ecosystems management 

measures

8:30 a.m. 5 p.m., Friday, October 15, 

2004

11. Pelagic fisheries

A. Pelagic squid management (final 

action)

B. Seabird measures (final action)

C. Sea turtles

a. Hawaiian green sea turtle delisting 

workshop

b. Turtle fibropapilloma workshop

D. Marine mammals

a. False killer whale workshop and list 

of fisheries

b. Update on Council Advisory 

Committee on marine mammal

c. ESA jeopardy workshop

F. American Samoa and Hawaii longline 

fisheries quarterly workshop

G. International issues

a. Bigeye tuna management measures

b. 17th Standing Committee on Tuna 

and Billfish

c. FAO technical consultation on turtles

d. Sapporo meeting on fishing capacity

e. Prepatory Conference 7’’ write 

‘‘Western and Central Pacific Fisheries 

Convention Preparatory Conference 7

f. Highly Migratory Species Summit

g. Fishing experiments workshop

h. 3rd International Fishers Forum

12. Program planning

A Update on Federal and local fisheryrelated legislation

B. Status of Hawaii $5 million disaster 

funds for Federal fisheries

C. WPacFIN

D. National Environmental Policy Act 

Activities

a. Fishery Ecosystem Plan Scoping

b. Upcoming actions

E. Programmatic Grants report

F. Joint Pacific and Western Pacific 

Council Meeting

13. Administrative matters

A. Financial reports

B. Administrative report

C. Meetings and workshops

D. Advisory group changes

a. Marine mammal working group

b. Fishery ecosystem plan advisory 

group

E. Statement of Organization Practices 

and Policies (SOPP) changes

14. Other business

A. Election of officers

Background Information

1. Initial Action on a Change in the 

Black Coral Harvest Minimum Size 

(initial action)

A public hearing will be held on 

initial action to implement a framework 

adjustment to the Precious Corals FMP 

to revise the minimum harvest size for 

black corals (Antipathes sp.) due to the 

effects of Carijoa riisei on black corals 

in the Main Hawaiian Islands. Based on 

comments received during Precious 

Coral Plan Team meetings, as well as 

subsequent SSC, Council, and public 

working group meetings, the Council 

developed an options document that 

includes: (1) Removing the exemption 

allowing harvest of black corals with a 

minimum base diameter of inch(1.905 

cm)or minimum height of 36 

inches(0.9144 m) by persons who 

reported harvest to the State of Hawaii 

within five years prior to April 17, 2002; 

(2) Establishing a 48–inch(1.2192 

m)height minimum requirement for 

harvest of black coral colonies; and (3) 

eliminating any minimum base diameter 

requirement. At its 124th meeting, the 

Council may take initial action to 

identity and support a range of 

alternatives, including selection of a 

preliminary preferred alternative, to be 

further analyzed in a framework 

amendment to the Precious Coral FMP.

2. CNMI Bottomfish Management 

Amendment (final action)

A public hearing will be held to 

solicit comments on alternatives to 

manage the bottomfish fishery around 

the CNMI. Based on comments received 

during public scoping meetings held in 

CNMI, the Council developed 

preliminary options including limiting 

the harvest of bottomfish, reporting 

requirements, establishing area closures, 

gear and vessel restrictions, and other 

control measures expressed by the 

public during the scoping meetings. At 

its 123nd meeting, the Council endorsed 

the range of alternatives to be further 

developed and analysis for final 

consideration. At the 124th meeting, the 

Council may take final action on a 

preferred alternative and direct staff to 

finalize an amendment to the 

Bottomfish FMP for regulatory action.

3. Initial Action on Developing 

Geographic Fishery Ecosystem Plans

A public hearing will be held to 

solicit comments on initial action for 

ecosystem approaches in developing 

geographic fishery ecosystem plans. At 

its 122nd meeting, the Council endorsed 

the development of fishery ecosystem 

plans on an archipelagic-basis and 

initiation of the process to develop 

alternative approaches for ecosystembased fisheries management. At the 

124th meeting, the Council may take 

initial action to develop a range of 

alternative approaches for ecosystembased fisheries management on a 

geographic basis.

4. Initial Action on NWHI Sanctuary 

Alternatives

A public hearing will be held to 

solicit comments on management 

measures for NWHI bottomfish, 

crustacean, precious coral, pelagic and 

coral reef ecosystem fisheries, pursuant 

to the proposed designation of the 

NWHI Coral Reef Ecosystem Reserve as 

a national marine sanctuary. At the 

124th meeting, the Council will review 

the National Marine Sanctuary 

Program’s fishery goal, objectives, 

alternatives and analyses and relevant 

NWHI fisheries information, and may 

take initial action to select preliminary 

preferred alternatives for these fisheries.

5. Final Action on Pelagic Squid 

Management

A public hearing will be held to 

solicit comments on alternatives to 

manage the US pelagic squid fisheries. 

Following public scoping meetings held 

in the Main Hawaiian Islands, CNMI, 

Guam and American Samoa, the 

Council developed preliminary options 

to establish appropriate monitoring and 

management mechanisms for the 

domestic harvest of pelagic squid in the 

Pacific Ocean (excluding vessels subject 

to other Councils’ jurisdictions).

At its 123nd meeting, the Council 

endorsed the range of alternatives to be 

further developed and analysis for final 

consideration. At the 124th meeting, the 

Council may take final action on a 

preferred alternative and direct staff to 

finalize an amendment to the Pelagics 

FMP for regulatory action.

6. Final Action on Seabird Measures

In November 2000, the USFWS issued 

a BiOp which contained reasonable and 

prudent measures for minimizing 

interactions with the endangered 

57668 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Proposed Rules 

shorttail albatross. The BiOp recognized 

that the Hawaii-based longline fishery at 

that time comprised two segments, 

namely a deep-setting tuna-targeting 

segment, and a shallow-setting 

swordfish targeting segment. All 

longline vessels fishing above 23° N’ lat. 

were required to use thawed blue dyed 

bait and employ strategic offal discards 

when setting and hauling the longline. 

Vessels setting deep to catch tuna were 

also required to use a line setting 

machine with weighted branch lines. 

Vessels setting shallow to target 

swordfish were required to begin setting 

the longline at least 1 hour after local 

sunset and complete the setting process 

by local sunrise, using only the 

minimum vessel lights necessary.

The Council recommended a 

regulatory amendment to require these 

measures and a final rule was published 

in May 2002. However, the final rule 

did not include a requirement for night 

setting due to an earlier closure of the 

swordfish segment of the Hawaii-based 

fishery in early 2001, under separate 

rule making in compliance with a 

March 2001, BiOp issued by NMFS 

regarding sea turtles. The Council 

recently completed a regulatory 

amendment that re-opened the 

swordfish-targeting segment of the 

Hawaii longline fishery in April 2004, 

which included the night setting 

requirement. During 2002 and 2003, 

additional seabird mitigation research 

field tests were conducted with 

underwater setting chutes, blue dyed 

bait and side setting. Side setting, as the 

term implies, means setting the longline 

from the side, rather than from the stern 

of the vessel. While all measures 

worked well, side setting was the only 

method which virtually reduced the 

interaction rate between longline and 

seabirds to zero. However, side setting 

is not included within the suite of 

measures required in the USFWS BiOp, 

nor in the regulations for the Hawaiibased fishery.

At its 122nd meeting, the Council, 

discussed the potential for amending its 

requirements for seabird mitigation 

above 23° N’ lat. to include side setting, 

an underwater setting chute or towed 

deterrent as measures that fishermen 

may elect to use in place of blue dyed 

bait, strategic offal discards and night 

setting. The Council directed the staff to 

prepare a regulatory amendment to the 

Pelagics FMP that examines a range of 

alternatives for seabird mitigation which 

included the choices for longline 

fishermen of either the use of side 

setting, use of an underwater setting 

chute, or other acceptable measures.

At its 123rd meeting, the Council took 

initial action and select a preferred 

alternative and directed staff to 

complete a regulatory amendment in 

order to take final action at its next 

meeting. The preferred alternative 

would require shallow setting boats in 

all areas to use current mitigation 

measures, excluding the requirement to 

use blue-dyed bait, or use side setting or 

use an underwater setting chute or use 

a tori line. The preferred alternative 

would also require deep setting boats 

fishing north of 23° N. Lat., use current 

mitigation measures, excluding the 

requirement to use blue-dyed bait, or 

use side setting or use an underwater 

setting chute or use a tori line), in 

conjunction with a line shooter and 

weighted branchlines.

At the 124th meeting the Council will 

review the regulatory amendment 

document, and may take final action 

with a recommendation that the 

regulatory amendment document be 

finalized and transmitted to NMFS for 

review and approval.

Although non-emergency issues not 

contained in this agenda may come 

before the Council for discussion, those 

issues may not be the subject of formal 

Council action during this meeting. 

Council action will be restricted to those 

issues specifically listed in this 

document and any issue arising after 

publication of this document that 

requires emergency action under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the Council’s intent to take final action 

to address the emergency.

Special Accommodations

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808) 522–8220 (voice) or (808) 522–

8226 (fax), at least 5 days prior to the 

meeting date.

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

Dated: September 20, 2004.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–21554 Filed 9–24–04; 8:45 am]

BILLING CODE 3510–22–S