80260 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

computer software, subject to existing 

protections in the clauses. 

Consistent with 10 U.S.C. 3771(b)(7) 

(formerly 10 U.S.C. 2320(a)(2)(G)), the 

license grant sections in DFARS 

252.227–7013, DFARS 252.227–7014, 

DFARS 252.227–7015, and DFARS 

252.227–7018 are updated to provide 

the Government with a ‘‘Government 

purpose rights’’ license to interface 

implementation data or software 

pertaining to a modular system 

interface— 

(i) Used in a modular open system 

approach; 

(ii) For a modular system connected 

to a weapon system, major system, or 

major system component; 

(iii) Developed exclusively at private 

expense; and 

(iv) Identified in a solicitation or a 

contract. 

Similarly, these requirements are 

applied to commercial software in the 

guidance at DFARS 227.7202–3(c) 

because there is no clause for 

commercial computer software. The 

existing guidance to contracting officers 

for commercial software centers around 

the standard customer licenses 

customarily provided to the public, 

unless the standard license does not 

meet the needs of the Government. To 

fit within this existing licensing 

framework for commercial software, the 

guidance under consideration at DFARS 

227.7202–3(c) establishes the 

Government needs regarding license 

rights to support modular open systems 

approaches or modular systems. 

DoD’s approach to defining form, fit, 

and function data and software, IID, and 

IIS was critical in implementing the 

above license scheme in 10 U.S.C. 3771 

(formerly 10 U.S.C. 2320). As discussed, 

IID and IIS provide a greater level of 

detail than form, fit, and function data 

and software. However, IID and IIS only 

have the level of detail necessary to 

enable segregation and reintegration 

activities. There were three objectives 

behind DoD’s approach to defining 

these terms and developing this license 

scheme: (1) clarifying the scope of form, 

fit, and function data and software to 

better enable the MOSA objectives of 

the statutes being implemented; (2) 

limiting overlap and avoiding confusion 

between IID or IIS and form, fit, and 

function data or software; and (3) 

providing clear boundaries on instances 

when limited rights data and restricted 

rights software that is IID or IIS may be 

disclosed outside of the Government. To 

accomplish this last objective and 

protect the private technology 

development investments of contractors, 

content requirements are included in 

the definitions of IID and IIS, and 

requirements related to the purpose of 

the Government’s authorized use and 

release of such data and software are 

included in the limited rights and 

restricted rights definitions. 

In addition, the revisions under 

consideration incorporate the new term 

‘‘form, fit, and function software’’ 

within the license grant section of the 

software rights clauses. Because the 

Government has an unlimited rights 

license in form, fit, and function data, 

DFARS 252.227–7014, DFARS 252.227– 

7018, and the guidance for contracting 

officers related to commercial software 

at DFARS 227.7202–3(c)(1) are revised 

to indicate that the Government has an 

unlimited rights license in form, fit, and 

function software. 

C. MOSA-Related Requirements for 

Acquisition Plans 

In accordance with section 

804(a)(2)(B) and (C), DoD is considering 

new requirements for acquisition plans 

in DFARS 207.103(i), which require that 

solicitations and contracts for new or 

existing systems identify modular 

system interfaces and certain MOSArelated technical data or software, to the 

maximum extent practicable. The new 

guidance for acquisition plans also 

requires that bilateral contract 

modifications or other contracts include 

these MOSA-related requirements, 

when the existing contract for a new or 

existing system does not include these 

requirements. 

To enable application of these 

requirements of section 804(a)(2)(B) and 

(C) to commercial software, the 

revisions under consideration at DFARS 

227.7102–1(a) and 227.7202–1(c)(1) 

expressly indicate that the Government 

may require delivery of form, fit, and 

function software and the MOSA-related 

commercial technical data and software 

that is not customarily provided to the 

public in the above solicitation and 

contract requirements. 

D. MOSA-Related Revisions Related to 

Contractor Assertions of Data and 

Software Rights Restrictions 

In view of the amendments to former 

10 U.S.C. 2320(a)(2)(G), DoD is 

considering revisions to requirements 

related to contractor assertions of data 

and software rights restrictions. 

Generally, development at private 

expense, either exclusively or partially, 

is the basis for asserting restrictions. 

However, the revisions under 

consideration indicate that the 

Government has a government purpose 

rights license to interface 

implementation data or interface 

implementation software pertaining to a 

modular system interface, as described 

in paragraph (b)(2) of DFARS 252.227– 

7013, 252.227–7014, and 252.227–7018. 

Accordingly, DFARS 252.227–7013(e), 

252.227–7014(e), 252.227–7017(d), and 

252.227–7018(e) are revised to include 

these new bases for contractor assertions 

for restrictions. The revisions under 

consideration also include a 

requirement for offerors and contractors 

to identify and describe modular system 

interfaces, if applicable. 

E. Seeking Public Comment on 

Additional Topics 

In addition to seeking public 

comment on the substance of the initial 

draft DFARS revisions, DoD is also 

seeking information regarding any 

corresponding change in the burden, 

including associated costs or savings, 

resulting from contractors and 

subcontractors complying with the 

initial draft DFARS implementation. 

More specifically, DoD is seeking 

information regarding any anticipated 

increase or decrease in such burden and 

costs relative to the burden and costs 

associated with complying with the 

current DFARS implementing language. 

List of Subjects in 48 CFR Parts 207, 

215, 227, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

[FR Doc. 2023–25407 Filed 11–16–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 227 and 252 

[Docket DARS–2023–0045; Req No. DARS– 

2024–00015–FR] 

RIN 0750–AK82 

Defense Federal Acquisition 

Regulation Supplement: Rights in 

Technical Data (DFARS Case 2019– 

D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: DoD is seeking information 

that will assist in the development of a 

revision to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

National Defense Authorization Acts for 

Fiscal Years 2012 and 2017, which 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 80261 

address deferred ordering of technical 

data, including in cases when the 

Government does not challenge a 

restrictive marking or asserted 

restriction in technical data. In addition 

to the request for written comments on 

this proposed rule, DoD will hold a 

public meeting to hear the views of 

interested parties. 

DATES: Comments on the advance notice 

of proposed rulemaking should be 

submitted in writing to the address 

shown below on or before January 16, 

2024, to be considered in the formation 

of a proposed rule. 

Public Meeting: A virtual public 

meeting will be held on December 15, 

2023, from 1:00 p.m. to 5:00 p.m., 

Eastern time. DoD also plans to reserve 

time on a separate date to be 

determined. The public meeting will 

end at the stated time, or when the 

discussion ends, whichever comes first. 

Registration: Registration to attend the 

public meeting must be received no 

later than close of business on December 

8, 2023. Information on how to register 

for the public meeting is provided under 

the SUPPLEMENTARY INFORMATION section 

of this notice. 

ADDRESSES: 

Public Meeting: A virtual public 

meeting will be held using Zoom video 

conferencing software. 

Submission of Comments: Submit 

comments identified by DFARS Case 

2019–D044, using any of the following 

methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2019–D044.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2019–D044’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2019–D044 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: 

David E. Johnson, telephone 202–913– 

5764. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is seeking information from 

experts and interested parties in the 

Government and the private sector that 

will assist in the development of a 

revision to the DFARS to implement 

section 815(a)(2) of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2012 (Pub. L. 112–81) and 

section 809(c) of the NDAA for FY 2017 

(Pub. L. 114–328). These statutes apply 

to DoD only; they do not impact other 

Federal agencies. Sections 815(a)(2) and 

809(c) amended 10 U.S.C. 2320 

(currently 10 U.S.C. 3771 and 10 U.S.C. 

3772) by adding paragraphs (b)(9) and 

(b)(10), respectively. 10 U.S.C. 

2320(b)(9) addressed the Government’s 

rights for deferred ordering of technical 

data. 10 U.S.C. 2320(b)(10) established 

that the Government is not foreclosed 

from requiring the delivery of the 

technical data by the Government’s 

failure to challenge restrictive markings 

or asserted rights in technical data. 

DoD previously published in the 

Federal Register proposed DFARS 

revisions to implement the statutory 

revisions in the NDAA for FY 2012 as 

part of DFARS Case 2012–D022 on June 

16, 2016, at 81 FR 39481. That case was 

suspended during the pendency of the 

Government-Industry Advisory Panel 

pursuant to section 813 of the NDAA for 

FY 2016. During that pause in 

rulemaking, section 809(c) of the NDAA 

for FY 2017 further revised the deferred 

ordering statutory framework. As part of 

the resumption and reorganization of 

the DFARS data rights cases after the 

conclusion of the Government-Industry 

Advisory Panel, the implementation of 

these two statutory revisions has been 

broken out in this separate case due to 

the distinct subject matter and limited 

nature of the statutory revisions. 

II. Public Meeting 

DoD is interested in continuing a 

dialogue with experts and interested 

parties in the Government and the 

private sector regarding amending the 

DFARS to implement the 

aforementioned NDAA sections. 

Registration: Individuals wishing to 

participate in the virtual meeting must 

register by December 8, 2023, to 

facilitate entry to the meeting. Interested 

parties may register for the meeting by 

sending the following information via 

email to osd.dfars@mail.mil and include 

‘‘Public Meeting, DFARS Case 2019– 

D044’’ in the subject line of the message: 

• Full name. 

• Valid email address, which will be 

used for admittance to the meeting. 

• Valid telephone number, which 

will serve as a secondary connection 

method. Registrants must provide the 

telephone number they plan on using to 

connect to the virtual meeting. 

• Company or organization name. 

• Whether the individual desires to 

make a presentation. 

Pre-registered individuals will receive 

instructions for connecting using the 

Zoom video conferencing software not 

more than one week before the meeting 

is scheduled to commence. 

Presentations: Presentations will be 

limited to 5 minutes per company or 

organization. This limit may be subject 

to adjustment, depending on the 

number of entities requesting to present, 

in order to ensure adequate time for 

discussion. If you wish to make a 

presentation, please submit an 

electronic copy of your presentation via 

email to osd.dfars@mail.mil no later 

than the registration date for the specific 

meeting. Each presentation should be in 

PowerPoint to facilitate projection 

during the public meeting and should 

include the presenter’s name, title, 

organization affiliation, telephone 

number, and email address on the cover 

page. 

Correspondence, Comments, and 

Presentations: Please cite ‘‘Public 

Meeting, DFARS Case 2019–D044’’ in 

all correspondence related to the public 

meeting. There will be no transcription 

at the meeting. The submitted 

presentations will be the only record of 

the public meeting and will be posted 

to the following website at the 

conclusion of the public meeting: 

https://www.acq.osd.mil/dpap/dars/ 

technical_data_rights.html. 

III. Discussion and Analysis 

An initial draft of the DFARS 

revisions under consideration is 

available in the Federal eRulemaking 

Portal at https://www.regulations.gov, 

by searching for ‘‘DFARS Case 2019– 

D044’’, and selecting ‘‘Supporting & 

Related Material.’’ The strawman is also 

available at https://www.acq.osd.mil/ 

dpap/dars/change_notices.html under 

the publication notice for DFARS Case 

2019–D044. 

In addition, the revisions under 

consideration for this case include some 

definitions and other content that is 

consistent with revisions contained in a 

related case DFARS Case 2021–D005, 

Modular Open Systems Approaches, for 

which an advance notice of proposed 

rulemaking is being published on the 

same date as these revisions under 

consideration for DFARS Case 2019– 

D044. DoD recommends review and 

consideration of both of these cases in 

tandem for a more holistic view of the 

revisions under consideration for these 

related subject matters. 

The following is a summary of the 

approach DoD is considering and the 

feedback DoD is seeking from industry 

and the public. 


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80262 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 

A. Deferred Ordering of Technical Data 

Consistent with 10 U.S.C. 3772(a)(9) 

(formerly 10 U.S.C. 2320(b)(9)), DoD is 

considering a revision to the clause at 

DFARS 252.227–7027, Deferred 

Ordering of Technical Data or Computer 

Software, and the associated guidance to 

contracting officers at DFARS 227.7103– 

8 and 227.7203–8. In particular, the 

revisions under consideration include 

the statutory requirement for a 

determination that— 

• The technical data is needed for the 

purpose of reprocurement, sustainment, 

modification, or upgrade (including 

through competitive means) of a major 

system or subsystem thereof, a weapon 

system or subsystem thereof, or any 

noncommercial product or process; and 

• The technical data pertains to an 

item or process developed in whole or 

in part with Federal funds; or is 

described in subparagraphs (D)(i)(II), 

(F), and (G) of subsection (a)(2) of 10 

U.S.C. 2320. 

Subparagraphs (D)(i)(II), (F), and (G) 

of subsection (a)(2) of 10 U.S.C. 2320 

(currently 10 U.S.C. 3771(b)(4)(A)(ii), 

(b)(6), and (b)(7)) reference technical 

data related to interfaces necessary for 

segregation and reintegration activities, 

technical data pertaining to interfaces 

developed with mixed funding, and 

technical data pertaining to modular 

system interfaces developed exclusively 

at private expense or with mixed 

funding, respectively. 

The definition and other 

implementation of these types of 

technical data that enable modular open 

system approaches (MOSA) are core 

elements of the revisions under 

consideration in DFARS Case 2021– 

D005, which implement these and other 

new MOSA-related statutory 

requirements. To ensure consistency 

with DFARS Case 2021–D005, the 

revisions under consideration in this 

DFARS Case 2019–D044 incorporate the 

relevant definitions of such MOSArelated terms as they appear in DFARS 

Case 2021–D005, including the terms 

‘‘interface implementation data’’, 

‘‘interface implementation software’’, 

and ‘‘interface specification’’. ‘‘Interface 

implementation data’’ means technical 

data that— 

• Describes the detailed steps, 

sequences, characteristics, and 

conditions used or specified by the 

developer to implement an interface; 

and 

• Has sufficient detail necessary to 

permit segregation of an item or process 

from, or reintegration of that item or 

process (or a physically or functionally 

equivalent item or process) with, other 

items or processes. 

The term ‘‘interface implementation 

software’’ is defined similarly to cover 

computer software, rather than technical 

data, that meets the same criteria. 

‘‘Interface specification’’ means form, 

fit, and function data or form, fit, and 

function software that pertains to or 

describes an interface. The terms ‘‘form, 

fit, and function data’’ and ‘‘form, fit, 

and function software’’ are also defined 

in this case and DFARS Case 2021– 

D005. 

In particular, the revisions under 

consideration focus on the following 

categories of technical data in the 

implementation of 10 U.S.C. 

2320(b)(9)(B)(ii) (currently 10 U.S.C. 

3772(a)(9)(B)(ii)): 

• Technical data described at 10 

U.S.C. 3771(b)(4)(ii) (formerly 10 U.S.C. 

2320(a)(2)(D)(i)(II)) is implemented by 

the combination of interface 

specification technical data and 

interface implementation data between 

an item or process or other items or 

processes necessary for the segregation 

of an item or process from, or the 

reintegration of that item, process, or a 

physically or functionally equivalent 

item or process with, other items or 

processes. 

• Technical data described at 10 

U.S.C. 3771(b)(7) (formerly 10 U.S.C. 

2320(a)(2)(G)), and more specifically the 

subtype of such data related to an 

interface developed exclusively at 

private expense, is implemented by the 

combination of interface specification 

technical data and interface 

implementation data pertaining to a 

modular system interface as described 

in paragraph (b)(2) of the clauses at 

DFARS 252.227–7013, Rights in 

Technical Data—Other Than 

Commercial Products or Commercial 

Services; 252.227–7014, Rights in Other 

Than Commercial Computer Software 

and Other Than Commercial Computer 

Software Documentation; 252.227–7015, 

Technical Data—Commercial Products 

and Commercial Services; and 252.227– 

7018, Rights in Other Than Commercial 

Technical Data and Computer 

Software—Small Business Innovation 

Research (SBIR) Program. 

This implementation does not 

separately reference the technical data 

covered by 10 U.S.C. 3771(b)(6) 

(formerly 10 U.S.C. 2320(a)(2)(F)), 

which is technical data that pertains to 

interfaces developed with mixed 

funding, because this data is subsumed 

within another category of technical 

data already covered in the clause at 

DFARS 252.227–7027: ‘‘technical data 

[that] pertains to an item or process 

developed . . . with mixed funding’’. 

Therefore, it is unnecessary to list 

‘‘technical data that pertains to 

interfaces developed with mixed 

funding’’ as a separate category of 

technical data in the clause. 

In short, DoD’s approach to the 

DFARS revisions under consideration is 

centered on enabling MOSA, which is 

consistent with the statutory intent of 10 

U.S.C. 3771(b)(4)(A)(ii), (b)(6), and (b)(7) 

(formerly 10 U.S.C. 2320(a)(2)(D)(i)(II), 

(F), and (G), respectively). As discussed 

in the advance notice of proposed 

rulemaking for DFARS Case 2021–D005, 

interface implementation data (IID) (and 

analogously, interface implementation 

software (IIS)) provides a greater level of 

detail than an interface specification 

(i.e., form, fit, and function data or form, 

fit, and function software that pertains 

to an interface). Although the statutory 

framework allows the deferred ordering 

of IID or IIS that is necessary for 

segregation or reintegration or related to 

modular system interfaces, in any 

individual case DoD may not require the 

detail in IID or IIS and may require only 

the lesser detail provided in an interface 

specification. 

For the same reasons, the revisions 

under consideration similarly apply the 

statutory amendments in 10 U.S.C. 

3772(a)(9) (formerly 10 U.S.C. 

2320(b)(9)) to computer software and 

computer software documentation in 

the clause at DFARS 252.227–7027, as 

well as the associated guidance for 

contracting officers. 

B. Statutory Amendments Related to 

Challenges to Restrictive Markings or 

Asserted Restrictions in Technical Data 

Consistent with 10 U.S.C. 3772(a)(10) 

(formerly 10 U.S.C. 2320(b)(10)), DoD is 

proposing to revise the clause at DFARS 

252.227–7037, Validation of Restrictive 

Markings on Technical Data. In 

particular, the revisions under 

consideration at DFARS 252.227–7037, 

paragraph (j), indicate that a decision by 

the Government, or a determination by 

the contracting officer, to not challenge 

a restrictive marking or asserted 

restriction shall not foreclose the 

Government from requiring delivery of 

the technical data. 

Consistent with long-standing DFARS 

implementation of the procedures for 

validation of asserted restrictions, the 

revisions required by statute for 

technical data are also being considered 

for the analogous clause covering 

noncommercial computer software at 

DFARS 252.227–7019, Validation of 

Asserted Restrictions—Computer 

Software. The revisions under 

consideration add a new paragraph (i) 

related to software and documentation 

that closely parallels the language in 

DFARS 252.227–7037, paragraph (j). 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Proposed Rules 80263 

C. Seeking Public Comment on 

Additional Topics 

In addition to seeking public 

comment on the substance of the draft 

DFARS revisions, DoD is also seeking 

information regarding any 

corresponding change in the burden, 

including associated costs or savings, 

resulting from contractors and 

subcontractors complying with the draft 

revised DFARS implementation. More 

specifically, DoD is seeking information 

regarding any anticipated increase or 

decrease in such burden and costs 

relative to the burden and costs 

associated with complying with the 

current DFARS implementing language. 

List of Subjects in 48 CFR Parts 227 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

[FR Doc. 2023–25406 Filed 11–16–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231113–0266] 

RIN 0648–BM59 

Fisheries of the Northeastern United 

States; 2024 and Projected 2025 

Specifications for the Summer 

Flounder and Scup Fisheries, and 2024 

Specifications for the Black Sea Bass 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes 2024 

specifications for the summer flounder, 

scup, and black sea fisheries, and 

projected 2025 specifications for 

summer flounder and scup. The 

implementing regulations for the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan require 

us to publish specifications for the 

upcoming fishing year for each of these 

species and to provide an opportunity 

for public comment. The proposed 

specifications are intended to establish 

allowable harvest levels for these 

species that will prevent overfishing, 

consistent with the most recent 

scientific information. 

DATES: Comments must be received on 

or before December 2, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0131, by the following 

method: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0131 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and 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). 

A Supplemental Information Report 

(SIR) was prepared for the 2024 black 

sea bass specifications. An 

Environmental Assessment (EA) was 

prepared for the 2024 and projected 

2025 summer flounder and scup 

specifications. Copies of the SIR and 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. 

The SIR and EA are also accessible via 

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

supporting-documents. 

FOR FURTHER INFORMATION CONTACT: 

Emily Keiley, Fishery Policy Analyst, 

(978) 281–9116, or emily.keiley@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

General Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

cooperatively manage the summer 

flounder, scup, and black sea bass 

fisheries. The Summer Flounder, Scup, 

and Black Sea Bass Fishery Management 

Plan (FMP) outlines the Council’s 

process for establishing specifications. 

The FMP requires NMFS to set an 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

targets (ACT), commercial quotas, 

recreational harvest limits (RHL), and 

other management measures, for 1 to 3 

years at a time. This action proposes 

2024 ABCs, as well as the recreational 

and commercial ACLs, ACTs, 

commercial quotas, and RHLs for all 

three species, consistent with the 

recommendations made by the 

Commission’s Summer Flounder, Scup, 

and Black Sea Bass Board and Council 

at their joint August 2023 meeting. This 

action also proposes projected 2025 

ABCs and corresponding specifications 

for summer flounder and scup. 

Proposed 2024 and Projected 2025 

Specifications 

Summer Flounder Specifications 

The Council and Board-recommended 

2024 and projected 2025 summer 

flounder catch and landings limits are 

shown in table 1. The recommendations 

are based on the averaged 2024–2025 

ABCs recommended by the Council’s 

Science and Statistical Committee 

(SSC). This approach allows for 

constant catch and landings limits 

across both years. The ABCs are based 

on the overfishing limit (OFL) and the 

Council’s risk policy, resulting in a 32- 

to 38-percent probability of overfishing. 

For summer flounder, this results in a 

42-percent decrease in the 

recommended 2024 and 2025 ABC 

relative to the 2023 ABC. The proposed 

2024–2025 commercial quota represents 

a 42-percent decrease compared to the 

2023 quota, and an approximately 30- 

percent reduction compared to 2022 

reported landings. The proposed 2024– 

2025 RHL is a 40-percent decrease 

compared to the 2023 RHL. 

TABLE 1—SUMMARY OF 2024 AND PROJECTED 2025 SUMMER FLOUNDER FISHERY SPECIFICATIONS

Specifications Million lb Metric ton 

OFL ........................................................................................................................................................................ 22.98 (2024) 

24.97 (2025) 

10,422 (2024) 

11,325 (2025) 

ABC ........................................................................................................................................................................ 19.32 8,761 

Commercial ACL = ACT ........................................................................................................................................ 10.62 4,819 


khammond on DSKJM1Z7X2PROD with PROPOSALS