Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules 63837

DEPARTMENT OF DEFENSE

48 CFR Part 225

[DFARS Case 99–D005]

Defense Federal Acquisition

Regulation Supplement; Foreign

Military Sales Customer Observation of

Negotiations

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule; withdrawal.

SUMMARY: DoD is withdrawing the

proposed rule published at 64 FR 22825

on April 28, 1999. The rule proposed to

amend the Defense Federal Acquisition

Regulation Supplement (DFARS) to

allow Foreign Military Sales (FMS)

customers to observe contract price

negotiations. This change was proposed

as a part of a DoD initiative to improve

the FMS process. DoD has reconsidered

this rule based on public comments.

DoD is considering alternative methods

of satisfying the pricing information

needs of countries that acquire supplies

and services through the FMS program.

Therefore, DoD is withdrawing the

proposed rule.

FOR FURTHER INFORMATION CONTACT: Ms.

Amy Williams, Defense Acquisition

Regulations Council, OUSD (AT&L) DP

(DAR), IMD 3C132, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0288; telefax (703)

602–0350. Please cite DFARS Case 99–

D005.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

[FR Doc. 00–27245 Filed 10–24–00; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 001005281-0281-01; I.D.

082900C]

RIN 0648-AN85

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

2000-2001 Catch Specifications for

Gulf Group King Mackerel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures of the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP),

NMFS proposes, for Gulf group king

mackerel, to reduce the total allowable

catch (TAC), reinstate a 2-fish per

person daily bag limit for captain and

crew of for-hire vessels (charter vessels

and headboats), and revise the

commercial trip limit applicable within

the Florida east coast subzone (MiamiDade County, FL through Volusia

County, FL). The intended effect of this

proposed rule is to protect the Gulf

group king mackerel stock from

overfishing while still allowing catches

by the commercial and recreational

fisheries. In addition, NMFS proposes a

minor change to correct a crossreference.

DATES: Written comments must be

received no later than 4:30 p.m., eastern

standard time, on November 24, 2000.

ADDRESSES: Written comments on the

proposed rule must be sent to Dr. Steve

Branstetter, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702. Comments

also may be sent via fax to 727-570-

5583. Comments will not be accepted if

submitted via e-mail or Internet.

Comments on any ambiguity or

unnecessary complexity arising from the

language used in this proposed rule

should be directed to Rod Dalton,

Southeast Regional Office, at the above

address.

Requests for copies of the

environmental assessment and

regulatory impact review supporting

this action should be sent to the Gulf of

Mexico Fishery Management Council,

3018 U.S. Highway North, Suite 1000,

Tampa, FL, 33619-2266, telephone: 813-

228-2815, fax: 813-225-7015, e-mail:

gulfcouncil@gulfcouncil.org.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter, telephone: 727-570-

5305, fax: 727-570-5583, e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are regulated under the FMP.

The FMP was prepared jointly by the

Gulf of Mexico and South Atlantic

Fishery Management Councils and was

approved by NMFS and implemented

by regulations at 50 CFR part 622.

In accordance with the FMP’s

framework procedure, the Gulf of

Mexico Fishery Management Council

(Gulf Council) and South Atlantic

Fishery Management Council (South

Atlantic Council) submitted to the

Regional Administrator, Southeast

Region, NMFS, a regulatory amendment

that contained recommendations for

changes in the catch specifications for

Gulf migratory group king mackerel.

The recommended changes are within

the scope of the management measures

that may be adjusted under the

framework procedure, as specified in 50

CFR 622.48.

Background

Total Allowable Catch (TAC) for Gulf

Group King Mackerel

In setting TAC, the Gulf Council

considered the comments of its

Mackerel Stock Assessment Panel

(MSAP), Socioeconomic Panel,

Scientific and Statistical Committee,

Mackerel Advisory Panel, public

testimony, and legal requirements of the

Sustainable Fisheries Act. The MSAP

concluded that there is only a 33-

percent chance that the stock is

undergoing overfishing, and only a 35-

percent chance the stock is overfished.

Currently, the FMP’s target for optimum

yield (OY) for this stock is a fishing

mortality rate that would produce a 30-

percent static spawning potential ratio

(F30% static SPR). Based on an F30%

static SPR, the MSAP calculated a range

of allowable biological catch (ABC) of

8.2 to 12.8 million lb (3.7 to 5.8 million

kg). The Gulf Council chose the midpoint of the ABC range (10.2 million lb

(4.6 million kg)), which has a 50-percent

chance of not exceeding the fishing

mortality that would allow the stock to

reach the OY target (an F > F30% static

SPR). This TAC represents a slight

reduction from the existing TAC of 10.6

million lb (4.8 million kg).

The Gulf Council considers the TAC

reduction from 10.6 million lb (4.8

million kg) to 10.2 million lb (4.6

million kg) sufficient to allow continued

rebuilding of the Gulf group king

mackerel stock while minimizing the

social and economic impacts of the TAC

reduction. Additionally, the Gulf

Council recognized that benefits of

reduced fishing mortality on the stock

are accruing from the use of bycatch

reduction devices in the shrimp fishery

and the recent increase in the minimum

size limit to 24 inches (61.0 cm) fork

length.

Bag Limit for Captains and Crews of

For-Hire Vessels

The recreational sector annually

exceeded its allocation between the

1986-1987 and 1996-1997 fishing years.

In early 1998, preliminary information

for the 1997-1998 fishing year indicated

63838 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules

that the recreational sector had again

exceeded its allocation, even though the

TAC had been increased to 10.6 million

lb (4.8 million kg). In an effort to bring

the recreational catch within the

allocation, the Gulf Council proposed in

1998, and NMFS implemented in 1999,

a zero-fish bag limit of Gulf group king

mackerel for captains and crews of forhire vessels. Updated and final

information on the 1997-1998 fishing

year indicated that the recreational

sector did not exceed its 7.21 million lb

(3.27 million kg) allocation during the

1997-1998 fishing year, as had been

previously reported. Subsequently, the

recreational sector did not exceed its

allocation during the 1998-1999 fishing

year, and although the 2000 stock

assessment was conducted prior to the

end of the 1999-2000 fishing year,

projections indicated that the

recreational sector again would not

exceed its allocation.

Based on the results of the NMFS

2000 stock assessment, which indicated

that the health of the stock of Gulf group

king mackerel is continuing to improve,

and that the recreational sector is

maintaining harvest within its

allocation of TAC, the Gulf Council

concluded that it was unnecessary to

continue efforts to constrain the

recreational harvest through the use of

a zero-fish bag limit of Gulf group king

mackerel for captains and crews of forhire vessels.

Flexible Trip Limit Schedule for the

Atlantic Sub-zone

The commercial fishery participants

in the Florida east coast subzone of the

Eastern Zone have asked for

conservative measures regarding their

trip limits, so that they are assured a

steady harvest of fish for the entire

season. However, the fishery has fallen

short of meeting its quota for Gulf group

king mackerel in all but 2 of the last 10

years. The trip limit appears to be one

factor restricting the opportunity to

harvest the quota. The South Atlantic

Council has proposed a more flexible

trip limit system whereby the

commercial trip limit would increase

from 50 to 75 fish on February 1, if less

than 75 percent of the annual quota has

been taken. This action is intended to

allow fishermen a greater opportunity to

meet their quota, while maintaining

stability in the fishery for the majority

of the season.

Change Proposed by NMFS

In § 622.44, paragraph (d)(4)(i) would

be revised to correct an incorrect cross

reference ‘‘paragraph (e)(1)’’ should read

‘‘paragraph (d)(1)’’.

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities,

as follows:

The proposed rule would change the catch

specifications for Gulf group king mackerel

by setting total allowable catch, establish a 2-

fish per person per day bag limit for the

captain and crew of for-hire vessels, and

establish a flexible trip limit for the East

Coast subzone of the Eastern Zone (MiamiDade through Volusia Counties, Florida) to

75 fish if the quota is not 75 percent filled

as of February 1.

The Magnuson-Stevens Fishery

Conservation and Management Act provides

the statutory basis for the rule. The rule

would contribute to the attainment of three

of the eight basic objectives of the FMP,

namely to stabilize yield at MSY, to provide

a flexible management system, and to

optimize the economic and social benefits of

the coastal migratory pelagic fisheries.

One action would reduce the TAC for Gulf

group king mackerel from 10.6 million lb

(4.63 million kg) to 10.2 million lb (4.81

million kg). Another action would increase

the bag limit for the captain and crew of forhire vessels harvesting Gulf group king

mackerel from zero to two fish per person per

day. The final action would revise the trip

limit for Gulf group king mackerel in the

Florida east coast subzone of the Eastern

Zone (Miami-Dade through Volusia Counties,

Florida). The revision would replace the

current fixed trip limit of 50 fish that applies

for the entire season with a system whereby

the trip limit will increase to 75 fish on

February 1 if 75 percent of the area quota has

not been harvested as of February 1 of any

given year.

In the Gulf area, 1,440 commercial vessels

have permits to fish for king mackerel. The

size of these vessels ranges from an average

of 29 ft (8.8 m) in Alabama to 41 ft (12.5 m)

in Texas. They report an average of about

$15,000 in gross sales of all species of fish,

but the gross revenues are extremely variable

with sales as low as $300 and ranging above

$200,000. Profits are similarly variable, and

the range is from a loss of about $25,000 to

profits approaching $200,000. The vessels at

the low and high end of profits can be

considered as ‘‘outliers’’, and there are only

a small, but unknown number of vessels

operating at the extremes of the profit range.

It should also be noted that these vessels are

not totally dependent upon king mackerel

sales, and king mackerel sales account for

about 33 percent of total sales. There are

1,113 for-hire vessels that have permits

allowing the customers to harvest king

mackerel. Most of the craft are traditional

charter boats. They have an average length of

39 ft (11.9 m), generate average sales of about

$69,000, and have returns over variable costs

of about $15,000. All the commercial and forhire harvesting units are classified as

representing small business entities. The

total number of small entities is somewhat

less than the implied total of 2,553 because

some firms own more than one commercial

or for-hire vessel.

The action to reduce the TAC will result

in a maximum reduction in commercial

catches of 128,000 lb (58,060 kg) valued at

$149,000 or about $103 for the average

vessel. Since the average vessel generates

about $15,000 in sales from all species of

fish, the loss translates into an overall loss of

less than one percent of sales and profits. It

is noted that the revenues of the vessels show

considerable variability, so some vessels are

undoubtedly impacted to a larger degree than

shown by the averages. However, as was

noted earlier, king mackerel sales account for

33 percent of total sales, indicating that these

vessels participate in other fisheries,

especially because the king mackerel fishery

is seasonal and fishing ceases due to the

commercial quota being reached in one or

more sub-zones. The effect of the lower

commercial quota would be evidenced by a

slightly earlier closure of the commercial

mackerel fishery in those years when the

quota is reached. At that point, the affected

vessels would switch to their alternate

fisheries. In the western Gulf of Mexico,

where the quota is most often met, one of the

main alternate fisheries is yellowfin tuna, a

species not under quota. Because of this

historical fishing behavior, the short term

effect of the slightly reduced quota will be

mitigated. In addition, the commercial quota

is not always taken, but is taken in some

years, including the most recent fishing year.

Nonetheless, for the reasons outlined, even if

the maximum loss of $103 per vessel in terms

of king mackerel sales occur, it is unlikely

that vessels will be negatively impacted to

the extent that they have to cease fishing.

The action to allow a 2-fish bag limit for

the captain and crew of for-hire vessels will

provide benefits to the for-hire operations.

Particularly in the area of the Florida Keys,

the sale of king mackerel by the for-hire

vessels adds to overall vessel and/or crew

income. It is estimated that the positive

impact will amount to a 2.6 to 4.3 percent

increase in gross revenues for the for-hire

vessels. The recreational sector is not under

a strict quota such that the fishery is closed

when the recreational allocation is taken. In

addition, the recreational allocation, even

under a slightly reduced TAC circumstance,

will not likely be taken. Therefore, the

expectation of an overall increase in catches

by the for-hire sector will have no offsetting

negative impacts.

The action to allow for an increase in the

trip limit for those commercial fishermen

operating in the Florida east coast subzone,

if 75 percent of their quota is not taken by

February 1, could increase their catches by a

small but unknown amount. Since this

particular group of commercial fishermen

does not generally take their quota, they

stand to benefit from the more generous trip

limit. However, overall mackerel catches by

all fishermen combined will not increase.

This result would be expected because

although there are a number of different

Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules 63839

quotas for king mackerel, the instances where

any particular group exceeds its allocation

are becoming rare. The monitoring system

has been improved, and fishing under

various quotas will cease because of the

enhanced ability of fishery managers to

monitor and close the relevant areas. Hence,

this accounts for the most likely outcome

whereby the somewhat enhanced trip limits

for the east coast sub-zone fishermen slightly

enhances their incomes but with no change

in overall revenues from king mackerel for all

king mackerel fishermen combined.

The criteria used to determine the

possibility of a significant impact included

disproportionality and profitability. As

described earlier, although it is recognized

that the small entities have varying revenues

and profits, all the impacted entities are

deemed to be small so there are no

differential small versus large impacts. Since

the analysis shows that revenues, and profits,

for the commercial small entities will decline

by less than 1 percent, the economic impacts

on small entities are deemed to be not

significant. Some small entities, including

the for-hire firms and those commercial

fishermen who harvest king mackerel in the

east coast of Florida, will be positively

impacted to a small degree. Also, per the

earlier discussion, all the entities to be

impacted are classified as small, so a

significant number will be negatively

impacted by the reduction in TAC, albeit by

an amount that is not significant.

Accordingly, an initial regulatory

flexibility analysis was not prepared.

NMFS prepared an RIR and copies are

available (see ADDRESSES).

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this proposed rule. Such

comments should be sent to the

Southeast Regional Office (see

ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: October 16, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is proposed

to be amended as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:

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

2. In § 622.39, paragraph (c)(1)(ii) is

revised to read as follows:

§ 622.39 Bag and possession limits.

* * * * *

(c) * * *

(1) * * *

(ii) Gulf migratory group king

mackerel--2.

* * * * *

3. In § 622.42, paragraph (c)(1)(i) is

revised to read as follows:

§ 622.42 Quotas.

* * * * *

(c) * * *

(1) * * *

(i) Gulf migratory group. The quota for

the Gulf migratory group of king

mackerel is 3.26 million lb (1.48 million

kg). The Gulf migratory group is divided

into eastern and western zones

separated by 87°31’06’’ W. long., which

is a line directly south from the

Alabama/Florida boundary. Quotas for

the eastern and western zones are as

follows:

(A) Eastern zone—2.25 million lb

(1.02 million kg), which is further

divided into quotas as follows:

(1) Florida east coast subzone—

1,040,625 lb (472,020 kg).

(2) Florida west coast subzone. (i)

Southern—1,040,625 lb (472,020 kg),

which is further divided into a quota of

520,312 lb (236,010 kg) for vessels

fishing with hook-and-line and a quota

of 520,312 lb (236,010 kg) for vessels

fishing with run-around gillnets.

(ii) Northern—168,750 lb (76,544 kg).

(3) Description of Florida subzones.

The Florida east coast subzone is that

part of the eastern zone north of 25°20.4’

N. lat., which is a line directly east from

the Miami-Dade/Monroe County, FL,

boundary. The Florida west coast

subzone is that part of the eastern zone

south and west of 25°20.4’ N. lat. The

Florida west coast subzone is further

divided into southern and northern

subzones. From November 1 through

March 31, the southern subzone is that

part of the Florida west coast subzone

that extends south and west from

25°20.4’ N. lat. to 26°19.8’ N. lat., a line

directly west from the Lee/Collier

County, FL, boundary (i.e., the area off

Collier and Monroe Counties). From

April 1 through October 31, the

southern subzone is that part of the

Florida west coast subzone that is

between 26°19.8’ N. lat. and 25°48’ N.

lat., which is a line directly west from

the Monroe/Collier County, FL,

boundary (i.e., off Collier County). The

northern subzone is that part of the

Florida west coast subzone that is

between 26°19.8’ N. lat. and 87°31’06’’

W. long., which is a line directly south

from the Alabama/Florida boundary.

(B) Western zone—1.01 million lb

(0.46 million kg).

* * * * *

4. In § 622.44, paragraphs (a)(2)(i) and

(d)(4)(i) are revised to read as follows:

§ 622.44 Commercial trip limits.

* * * * *

(a) * * *

(2) * * *

(i) Eastern zone—Florida east coast

subzone. In the Florida east coast

subzone, king mackerel in or from the

EEZ may be possessed on board at any

time or landed in a day from a vessel

with a commercial permit for king

mackerel as required under §

622.4(a)(2)(iii) as follows:

(A) From November 1 through January

31--not to exceed 50 fish.

(B) Beginning on February 1 and

continuing through March 31—

(1) If 75 percent or more of the Florida

east coast subzone quota as specified in

§ 622.42(c)(1)(i)(A)(1) has been taken—

not to exceed 50 fish.

(2) If less than 75 percent of the

Florida east coast subzone quota as

specified in § 622.42(c)(1)(i)(A)(1) has

been taken—not to exceed 75 fish.

* * * * *

(d) * * *

(4) * * *

(i) May not possess red snapper in or

from the Gulf in excess of the

appropriate vessel trip limit, as

specified in paragraphs (d)(1) through

(d)(3) of this section.

* * * * *

[FR Doc. 00–27076 Filed 10–24–00; 8:45 am]

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