9376 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations

List of Subjects in 48 CFR Part 239

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 239 is

amended as follows:

1. The authority citation for 48 CFR

Part 239 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 239—ACQUISITION OF

INFORMATION TECHNOLOGY

2. The title of Part 239 is revised to

read as set forth above.

3. Section 239.7300 is revised to read

as follows:

239.7300 Scope of subpart.

This subpart prescribes approval

requirements for automatic data

processing equipment (ADPE)

purchased by contractors for use in

performing DoD contracts.

4. Section 239.7301 is amended by

revising paragraph (a) to read as follows:

239.7301 Applicability.

(a) This subpart applies when the

contractor purchases ADPE and title

will pass to the Government.

* * * * *

5. Section 239.7302 is amended by

revising the introductory text of

paragraph (b) and paragraph (b)(1) to

read as follows:

239.7302 Approvals and screening.

* * * * *

(b) If the contractor proposes

acquiring ADPE subject to 239.7301,

and the unit acquisition cost is $50,000

or more—

(1) The contracting officer shall

require the contractor to submit,

through the administrative contracting

officer, the documentation in 239.7303.

* * * * *

6. Section 239.7303 is revised to read

as follows:

239.7303 Contractor documentation.

Contracting officers may tailor the

documentation requirements in

paragraphs (a) through (d) of this

section.

(a) List of existing ADPE and an

analysis of its use. (1) List of each

component identified by manufacturer,

type, model number, location, date of

installation, and how acquired (lease,

purchase, Government-furnished).

Identify those acquired specifically to

perform a Government contract.

(2) Reliability and usage data on each

component for the past 12 months.

(3) Identification of users supported

by each component, including how

much time each user requires the

component and the related contract or

task involved.

(b) List of new ADPE needed and

reasons why it is needed. (1) Estimates

of the new equipment’s useful life.

(2) List of tasks the new equipment is

needed for and why, including

estimated monthly usage for each major

task or project.

(3) Anticipated software and

telecommunications requirements.

(c) Selection of computer equipment.

(1) If the acquisition is competitive—

(i) List sources solicited and proposals

received;

(ii) Show how the evaluation was

performed; and

(iii) Provide an explanation if the

selected offer is not the lowest evaluated

offer.

(2) If the acquisition is not

competitive, state why.

(d) Cost. State the ADPE cost.

239.7304, 239.7305, and Table 39–1

[Removed]

7. Sections 239.7304 and 239.7305

and Table 39–1 are removed.

[FR Doc. 97–5143 Filed 2–28–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 022197C]

Atlantic Tuna Fisheries; Fishery

Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS has determined that

landings of Atlantic bluefin tuna (ABT)

since January 1, 1997 and continued

high catch rates warrant an interim

closure of the ABT Angling category.

Therefore, the Angling category fishery

for school, large school, and small

medium ABT is closed in all areas until

further notice.

EFFECTIVE DATE: The closure of the

Angling category is effective 11:30 p.m.

local time on March 2, 1997, until the

effective date of any reopening, which

will be published in the Federal

Register.

FOR FURTHER INFORMATION CONTACT: John

Kelly, 301–713–2347, or Mark MurrayBrown, 508–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285. Section

285.22 subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas among the various

domestic fishing categories.

NMFS is required, under 285.20(b)(1),

to monitor the catch and landing

statistics and, on the basis of these

statistics, to project a date when the

catch of ABT will equal the quota and

publish a Federal Register

announcement to close the applicable

fishery.

On February 21, 1997, NMFS

amended the regulations governing the

Atlantic bluefin tuna (ABT) fisheries to

provide authority for NMFS to close

and/or reopen all or part of the Angling

category in order to provide for

equitable distribution of fishing

opportunities throughout the species

range. The regulatory amendments were

necessary to increase the geographic and

temporal scope of data collection from

the scientific monitoring quota

established for the United States.

Additionally, the authority for interim

closures facilitates a more equitable

geographic and temporal distribution of

fishing opportunities for all fishermen

in the Angling category, thus furthering

domestic management objectives for the

Atlantic tuna fisheries.

Angling Category Closure

NMFS has received information from

the State of North Carolina that

approximately 13 mt of school, large

school, and small medium ABT have

been measured during dockside

interviews conducted through February

16, 1997. It is estimated that dockside

intercepts account for 43 percent of

angler trips. Therefore, NMFS estimates

that 30 mt of school, large school, and

small medium ABT have been landed.

Regulations allow that, upon

determining that variations in seasonal

distribution, abundance, or migration

patterns of ABT, or that the catch rate

in one area may preclude anglers in an

another area from a reasonable

opportunity to harvest a portion of the

quota, NMFS may close all or part of the

Angling category, and may reopen it at

a later date if NMFS determines that

ABT have migrated into an identified

area. In determining the need for any

such temporary or area closure, NMFS

considers the following factors:

(A) The usefulness of information

obtained from catches of a particular
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9377

geographic area of the fishery for

biological sampling and monitoring the

status of the stock;

(B) The current year catches from the

particular geographic area relative to the

catches recorded for that area during the

preceding 4 years;

(C) The catches from the particular

geographic area to date relative to the

entire category and the likelihood of

closure of that entire category of the

fishery if no allocation is made;

(D) The projected ability of the entire

category to harvest the remaining

amount of Atlantic bluefin tuna before

the anticipated end of the fishing

season.

It is essential for domestic and

international management purposes that

NMFS collect complete information

from the bluefin fishery and stocks from

as wide a geographic range and for as

many months during the year as

possible. Extensive information on the

1997 winter fishery has been collected.

Therefore, an interim closure of the

entire Angling category fishery at this

time would allow for increased

monitoring activities once the bluefin

have migrated further north, where

fishing has not yet begun, and the

fishery is reopened.

Current year catches cannot be

compared to landings of the last 4 years,

because it was not until 1995 that an

Angling category winter fishery began to

develop and not until 1996 that NMFS

began to monitor these Angling category

landings through the Large Pelagic

Survey and through state assistance. In

1996, the Angling category subquotas

for large school/small medium bluefin

and for school bluefin off Delaware and

states south were filled prematurely,

due to high catch rates early in the

season in southern areas, thus reducing

fishing opportunities further north, even

for school bluefin. While the final 1997

annual quota for the Angling category of

ABT has not yet been established (the

1996 allocation was 243 mt), if the

current harvest rate continues, it is

possible that a significant portion of the

entire Angling category quota might be

taken prior to the time that the species

migrates north to the eight other states

in which there is a recreational fishery

for bluefin. Because it is relatively early

in the fishing season, and given catch

rates over the past few years, it is

reasonable to expect that Angling

category fishermen will harvest the

remaining quota before the end of the

season.

Given current catch rates, the public

interest in an equitable distribution of

catch among fishermen in the Angling

category, and the need for scientific data

from throughout the species’ range,

NMFS has decided to close the Angling

category fishery for school, large school,

and small medium bluefin tuna in all

areas. Therefore, retaining, possessing,

or landing any school, large school or

small medium ABT under the Angling

category quota must cease at 11:30 p.m.

local time on March 2, 1997.

NMFS may reopen the fishery when

it is determined that the bluefin have

migrated further north and will publish

that effective date in the Federal

Register. In 1995 and 1996, bluefin tuna

were observed to leave North Carolina

waters in April. Historically, school

bluefin tuna arrive off of Virginia in

May and move northward through the

mid-Atlantic region during the summer

feeding migration. Determination of

migration shall be based on catch

reports from anglers fishing for other

large pelagic species such as yellowfin

tuna and anglers fishing for bluefin tuna

under the catch and release program.

Dockside intercepts from the Marine

Recreational Fishing Statistics Survey

and logbook reports filed by commercial

fishermen shall also be used to

document the migration to northern

areas.

Anglers may continue to fish for

school, large school and small medium

ABT, measuring 27 inches (69 cm) to

less than 73 inches (119 cm) total

curved fork length under the NMFS tag

and release program (50 CFR 285.27).

Additionally, pending attainment of the

annual quota for trophy fish, large

medium or giant ABT (73 inches (119

cm) total curved fork length or greater)

may still be landed under the Angling

category subject to the trophy fish limit

of one per vessel per year. Such large

medium or giant ABT must be reported

to the nearest NMFS enforcement office

as required under § 285.24. In North

Carolina, trophy fish must be reported

to the Coast Guard at 919–995–6403 or

to NMFS Enforcement at 919–808–2393.

Anglers should verify that the trophy

category remains open by calling the

NMFS 24–hour Information Line at

301–713–1279 prior to each fishing trip.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: February 25, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–5155 Filed 2–26–97; 12:34 pm]

BILLING CODE 3510–22–F

50 CFR Part 648

[Docket No. 970214031–7031–01; I.D.

011697C]

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 16

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 16 to the

Northeast Multispecies Fishery

Management Plan (FMP). This rule

prohibits the use of all gillnets capable

of catching Northeast multispecies

during the periods in which the harbor

porpoise time/area closures are in effect

unless the gillnet meets certain

specifications. The intent of this action

is to restrict the use of small mesh

pelagic gillnets, which are currently

exempt from the multispecies

regulations, to avoid increasing the risk

of harbor porpoise entanglements but

still allow a traditional bait fishery to

continue by specifying the size and

method of deployment of the gear.

EFFECTIVE DATE: April 2, 1997.

ADDRESSES: Copies of Amendment 7 to

the Northeast Multispecies Fishery

Management Plan (Amendment 7), its

regulatory impact review (RIR) and the

final regulatory flexibility analysis

(FRFA) contained with the RIR, its final

supplemental environmental impact

statement (FSEIS), and Framework

Adjustment 16 documents are available

upon request from Paul Howard,

Executive Director, New England

Fishery Management Council (Council),

5 Broadway, Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, NMFS, Fishery

Policy Analyst, 508-281-9279.

SUPPLEMENTARY INFORMATION:

Background

Regulations governing the Northeast

Multispecies fishery prohibit sink

gillnet vessels from fishing in defined

areas of the Gulf of Maine (GOM) during

certain time periods based on the

historic bycatch of harbor porpoise in

that fishery.

Framework Adjustment 9 to the FMP

(60 FR 19364, April 18, 1995) prohibited

any fishery using small mesh gear

capable of catching multispecies unless

the fishery qualified for an exemption

based on a finding that it had less than

5 percent bycatch of regulated species.

This had the effect of prohibiting small