78714 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Proposed Rules 

The FSS Contracting Officer may request 

additional information from the Contractor. 

(f) Contracting Officer responsibilities. The 

FSS Contracting Officer will— 

(1) Review the EPA request to ensure 

conformance with the EPA method, 

(2) Make a determination. The FSS 

Contracting Officer may use any information 

(e.g., market research) deemed necessary to 

support their determination. The FSS 

Contracting Officer may determine to— 

(i) Accept the EPA request either in whole 

or in part, 

(ii) Reject the EPA request either in whole 

or in part, or 

(iii) Take any other action deemed to be in 

the best interest of the Government (e.g., 

negotiate a more favorable EPA). 

(3) Notify the Contractor of their 

determination, and 

(4) Modify the contract, as applicable, to 

reflect the determination. Contract items that 

need to be removed from the contract as a 

result of rejection or an inability to reach 

agreement are to be removed in accordance 

with 552.238–79, Cancellation. 

(g) Effective date. EPA requests approved 

by the FSS Contracting Officer under this 

clause shall apply to orders issued on or after 

the effective date of the contract 

modification. Blanket Purchase Agreements 

(BPAs) may be modified by the ordering 

agency in accordance with the terms and 

conditions of the BPA. 

(h) Update of contract pricing and catalog 

data. The Contractor shall update its FSS 

pricing and any other FSS catalog data in 

accordance with the terms and conditions of 

this contract. 

(End of clause) 

[FR Doc. 2023–25221 Filed 11–15–23; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–BK85 

Magnuson-Stevens Fishery 

Conservation and Management Act; 

Seafood Import Monitoring Program 

AGENCY: International Affairs, Trade, 

and Commerce, National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) withdraws the 

Seafood Import Monitoring Program 

(SIMP) proposed rule, which was 

published in the Federal Register on 

December 28, 2022. The SIMP proposed 

rule intended to add species to SIMP 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act. In addition, the proposed rule 

would have amended SIMP regulations 

to clarify the responsibilities and 

definitions, and make other necessary 

administrative modernizations. In light 

of the extensive public comments 

received regarding the December 2022 

proposed rule, NMFS has decided to 

conduct a comprehensive program 

review in order to strengthen the impact 

and effectiveness of SIMP. Critical 

aspects of that review will include 

better defining the problem that we are 

working to address and establishing 

clear, achievable goals through 

constructive engagement with our 

stakeholders. Comments received on the 

December 2022 proposed rule will also 

be taken into consideration as part of 

the review. While NMFS conducts this 

comprehensive review, SIMP will 

continue to operate in its current form, 

all existing requirements remain in 

force, and the list of priority species 

currently subject to SIMP requirements 

remains unchanged. In addition, NMFS 

will continue to support industry and 

other stakeholders in SIMP compliance 

during the review. 

DATES: The proposed rule published on 

December 28, 2022 (87 FR 79836) is 

withdrawn on November 16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rachael Confair, Office of International 

Affairs, Trade, and Commerce, NMFS, 

301–427–8361, rachael.confair@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 28, 2022, NMFS issued 

its SIMP proposed rule (85 FR 58321). 

The proposed rule was initially open for 

90 days of public comment, and this 

period was extended for an additional 

30 days. It included a proposal to 

incorporate additional priority species 

in SIMP, as well as to make other 

administrative changes. 

SIMP has been in effect for more than 

1,100 unique species, representing 13 

species groups, for approximately 4 

years. SIMP was established as a 

screening tool to identify and deter 

products derived from Illegal, 

Unreported, and Unregulated (IUU) 

fishing, as well as misrepresented 

seafood from entering the U.S. market. 

The information required under SIMP 

can lead to the interdiction of IUU fish 

and fish products as they enter the 

United States, but it was not designed 

to achieve that outcome, nor has that 

been typically how it functions. It is 

primarily a permitting, reporting and 

recordkeeping program that conducts 

post-entry audits, and in some cases, 

enforcement inspections and, when 

potentially illegal imports are identified, 

follow-up investigations. 

Program Review 

It is clear, based on the comments 

received, combined with feedback 

received over the past few years, that 

this is the right time to review SIMP. 

There are a diverse array of viewpoints, 

and sometimes unrealistic expectations, 

on what SIMP should or could be doing. 

In order to strengthen our impact and 

effectiveness, it is important to better 

define our goals, and then identify clear 

mechanisms to achieve them. 

As an integral part of this 

undertaking, NMFS will actively seek 

engagement and input from all relevant 

stakeholder groups, including industry, 

non-governmental organizations, other 

Federal agencies, congressional 

representatives, and foreign 

governments. NMFS intends to bring 

together an informal interagency 

working group to review our approach 

and identify possible strategies for 

increasing the effectiveness and impact 

of SIMP on countering IUU fishing and 

seafood fraud. This collaborative effort 

will also explore alternative or 

complementary approaches available to 

address seafood traceability for NMFS 

and its interagency partners. Some 

questions that NMFS will consider 

during the review are: 

1. Determine the goals: What is the 

problem or problems that SIMP was 

designed to address? Are there changes 

that should be made to the goals? What 

do we want to achieve and what is the 

best way to do it? 

2. Determine whether the goals are 

achievable: Are the goals feasible? What 

does success look like? Are there 

limitations of resources, technology, or 

other elements that must be considered 

in determining whether the goals are 

achievable? 

3. Determine what is needed to 

achieve the goals: Are there additional 

authorities needed for NOAA or other 

agencies to achieve these goals? What 

new tools are needed to accomplish this 

goal? Are there existing tools that could 

be used more effectively? How can we 

use a whole-of-government approach to 

achieve these goals? 

NMFS will review and consider all 

aspects of the Program, including the 

initial constraints that shaped SIMP’s 

original framework. NMFS will use both 

the public comments received and 

internal and external program 

assessments to refine the areas of focus. 

NMFS also plans to conduct public 

listening sessions to solicit written and 

oral feedback from public stakeholders, 

as well as participating in other 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Proposed Rules 78715 

engagement opportunities with 

stakeholders or groups of stakeholders. 

The withdrawal of this proposed rule 

does not preclude NMFS from 

reinitiating rulemaking concerning the 

issues addressed in the proposed rule. 

Should that occur, NMFS will repropose the action and provide new 

opportunities for comment. More 

information on SIMP and the NMFS 

review are available online at the 

Agency’s website (https://www.fisheries.

noaa.gov/action/noaa-fisherieswithdrawal-its-simp-proposed-rule-andannouncement-comprehensive-review). 

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

Dated: November 13, 2023. 

Alexa Cole, 

Director; Office of International Affairs, 

Trade, and Commerce, National Marine 

Fisheries Service. 

[FR Doc. 2023–25309 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231106–0262; RTID 0648– 

XD357] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 2024 

and Projected 2025 Bluefish 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes Atlantic 

bluefish specifications for the 2024 

fishing year and projects specifications 

for fishing year 2025, as recommended 

by the Mid-Atlantic Fishery 

Management Council. This action is 

necessary to establish allowable harvest 

levels for the stock to prevent 

overfishing and promote rebuilding, 

using the best scientific information 

available. This rule also informs the 

public of the proposed fishery 

specifications and provides an 

opportunity for comment on the 

proposed action. 

DATES: Comments must be received by 

December 1, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0126, by the following 

method: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to https://www.regulations.gov, 

and enter ‘‘NOAA–NMFS–2023–0126’’ 

in the Search box; 

2. Click the ‘‘Comment’’ icon, 

complete the required fields; and 

3. Enter or attach your comments. 

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 part of the public record 

and will generally be posted for public 

viewing on https://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). If you are unable to 

submit your comment through https://

www.regulations.gov, contact Cynthia 

Ferrio, Fishery Policy Analyst, 

Cynthia.Ferrio@noaa.gov. 

The Mid-Atlantic Fishery 

Management Council prepared a draft 

environmental assessment (EA) for this 

action that describes the proposed 

measures and other considered 

alternatives. The EA also provides an 

economic analysis, as well as an 

analysis of the biological, economic, and 

social impacts of the proposed measures 

and other considered alternatives. 

Copies of the specifications document, 

including the EA, are available on 

request from Dr. Christopher M. Moore, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 North State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at https://www.mafmc.org/ 

supporting-documents. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Policy Analyst, 

(978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

jointly manage the Atlantic Bluefish 

Fishery Management Plan (FMP). The 

FMP requires the specification of annual 

regulatory limits for up to 3 years at a 

time, including: an acceptable biological 

catch (ABC), commercial and 

recreational annual catch limits (ACL), 

commercial and recreational annual 

catch targets (ACT), a commercial quota, 

a recreational harvest limit (RHL), and 

other management measures. This 

action proposes bluefish specifications 

for the 2024 fishing year, and projects 

specifications for 2025, based on 

Council and Commission 

recommendations. 

Recent research track and 

management track assessments for 

bluefish (December 2022 and June 2023, 

respectively) determined that the stock 

is no longer overfished and overfishing 

is not occurring. However, the spawning 

stock biomass has not yet reached its 

target, so the fishery remains under its 

rebuilding plan. These proposed 

specifications would decrease the 2024 

acceptable biological catch by 43 

percent from 2023, based on 

recommendations from the Council’s 

Scientific and Statistical Committee 

(SSC), results from these assessments, 

and the rebuilding plan for the stock. 

The Council’s Bluefish Monitoring 

Committee recommended that no 

uncertainty buffers be applied to either 

the commercial or recreational sector in 

2024 or 2025, but did recommend that 

commercial discards be accounted for in 

the specifications process beginning in 

fishing year 2024. In prior years, 

commercial discards have been 

considered negligible, but with updated 

assessment information, it is 

recommended that discards from both 

sectors be included. Although the stock 

is no longer overfished and therefore 

transferring quota between recreational 

and commercial sectors is no longer 

prohibited by governing regulations, no 

sector quota transfer is recommended 

because the fishery is still under a 

rebuilding plan. The resulting 2024 

specifications would decrease the 

commercial quota by 43 percent, and 

the RHL by 15 percent from 2023. At 

their joint meeting in August 2023, the 

Council and the Commission’s Bluefish 

Board reviewed and approved these 

specifications as recommended by the 

SSC and Monitoring Committee. No 

changes were recommended to 

recreational management measures (i.e., 

bag limits), as the average recreational 

harvest since 2021 (11.54 million 

pounds (lb); 5,234 metric tons (mt)) 

remains below the proposed RHL for 

2024 (11.96 million lb; 5,425 mt). Status 

quo recreational measures are also 

intended to promote continued stability 

and consistency in the fishery while 

minimizing the risk of an overage in the 

recreational sector. 

Although catch limits are decreasing, 

neither sector of the fishery is expected 

to be substantially impacted by this 

action. Harvest in both sectors has been 

decreasing in recent years; coastwide 

commercial landings have not exceeded 

2.2 million lb (998 mt) in the last 3 


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