Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 11517 

request is that the subject felony is not a 

serious felony as defined by this regulation 

the award request shall contain, at a 

minimum, the following information: 

(i) Name and Date of Birth of Individual 

Convicted of a felony. 

(ii) Date sentenced. 

(iii) Statute/Charge. 

(iv) Docket/Case Number. 

(v) Court/Jurisdiction. 

(vi) The nature and circumstances 

surrounding the conviction. 

(vii) Protective measures taken by the 

individual or business concern to reduce or 

eliminate the risk of further misconduct. 

(viii) Whether the individual has made full 

restitution for the felony 

(ix) Whether the individual has accepted 

responsibility for past misconduct resulting 

in the felony conviction. 

(e) Privacy Statement. The offeror will 

provide the following statement to any 

individual whose information will be 

submitted in an award request pursuant to 

paragraph (d)(4) of this clause. 

Privacy Act Notice. The collection of this 

information is authorized by the Federal 

Protective Service Guard Contracting Reform 

Act of 2008 (Pub. L. 110–356) and 

Department of Homeland Security (DHS) 

implementing regulations at Homeland 

Security Acquisition Regulation (HSAR) 48 

CFR 3009.171. This information is being 

collected to determine whether an individual 

that owns, controls, or operates the business 

concern submitting this offer has been 

convicted of a felony that would disqualify 

the offeror from receiving an award. This 

information will be used by and disclosed to 

DHS personnel and contractors or other 

agents who require this information to 

determine whether an award request should 

be approved or denied. Additionally, DHS 

may share this personal information with the 

U.S. Justice Department and other Federal 

and State agencies for collection, 

enforcement, investigatory, or litigation 

purposes, or as otherwise authorized 

pursuant to its published Privacy Act system 

of records notice. Submission of this 

information by the individual is voluntary, 

however, failure to provide it may result in 

denial of an award to the offeror. 

(f) Disclosure. The offeror under this 

solicitation represents that [Check one]: 

llit is not a business concern owned, 

controlled, or operated by an individual 

convicted of a felony; or 

llit is a business concern owned, 

controlled, or operated by an individual 

convicted of a felony, and has submitted an 

award request pursuant to paragraph (d) of 

this clause. 

(g) If a request is applied for, the offeror 

shall attach the request with supporting 

documentation, to the bid or proposal. The 

supporting documentation may include 

copies of prior award requests granted to the 

offeror. 

(h) The notification in this paragraph 

applies if this is an indefinite delivery/ 

indefinite quantity contract, blanket purchase 

agreement, or other contractual instrument 

that may result in the issuance of task orders, 

calls or option to extend the terms of a 

contract. The Contractor must immediately 

notify the Contracting Officer in writing upon 

any felony conviction of personnel who own, 

control or operate a business concern as 

defined in paragraph (c) of this clause at any 

time during the performance of this contract. 

Upon notification of a felony conviction the 

Contracting Officer will review and make a 

new determination of eligibility prior to the 

issuance of any task order, call or exercise of 

an option. 

(End of clause) 

[FR Doc. E9–5795 Filed 3–17–09; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090220217–9226–01] 

RIN 0648–AX66 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Commercial Sector of the Reef Fish 

Fishery of the Gulf of Mexico; Control 

Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; consideration of a control 

date. 

SUMMARY: NMFS announces that it is 

establishing a revised control date that 

may be used to control future access to 

the commercial sector of the reef fish 

fishery operating in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico (Gulf). If changes to the 

management regime are developed and 

implemented under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), a control date could be used to 

limit the number of participants in the 

fishery. This announcement is intended, 

in part, to promote awareness of the 

potential eligibility criteria for future 

access so as to discourage speculative 

entry into the fishery while the Gulf of 

Mexico Fishery Management Council 

(Council) and NMFS consider whether 

and how access to the commercial 

sector of the reef fish fishery should be 

controlled. 

DATES: Comments must be received on 

of before 5 p.m., eastern time, April 17, 

2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX66, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Cynthia Meyer, NMFS 

Southeast Regional Office, Sustainable 

Fisheries Division, 263 13th Avenue 

South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAANMFS–2009–0039’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

SUPPLEMENTARY INFORMATION: The 

commercial sector of the Gulf reef fish 

fishery is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Council, 

and implemented under the authority of 

the Magnuson-Stevens Act. A 

moratorium on the issuance of new 

commercial reef fish permits was 

established by Amendment 4 to the 

FMP in May 1992. The moratorium has 

been maintained since that time with 

the implementation of Amendments 9, 

11, and 17. The Council implemented 

Amendment 24 on August 17, 2005, to 

replace the commercial reef fish permit 

moratorium that was set to expire on 

December 31, 2005, with a permanent 

limited access system. 

This notice would inform participants 

in the Gulf reef fish fishery of the 

Council’s intention to consider further 

limiting access within the commercial 

sector of the Gulf reef fish fishery. 

Specifically, the Council may consider 

creating additional restrictions 

including limiting participation by gear 

type or by specific species to only those 

vessels or participants that have catch 

histories in excess of some minimum 

landings threshold. Should the Council 

take such future action to further restrict 

participation in the commercial sector 

of the Gulf reef fish fishery, it intends 

to use December 31, 2008, as a possible 

control date regarding the eligibility of 


tjames on PRODPC61 with PROPOSALS
11518 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules 

catch histories. This date was 

announced at the Council’s January 

2009 meeting, and was chosen because 

it coincides with the end of the 

immediately preceding fishing year in 

which landings would be documented. 

Publication of the control date in the 

Federal Register informs participants of 

the Council’s considerations, and gives 

notice to anyone entering the fishery 

after the control date they would not be 

assured of future access should a 

management regime be implemented 

using the control date as a means to 

restrict participation. Implementation of 

any such program would require 

preparation of an amendment to the 

FMP and subsequent rulemaking with 

appropriate public comment periods. 

Consideration of a control date does 

not commit the Council or NMFS to any 

particular management regime or 

criteria for eligibility in the commercial 

sector of the Gulf reef fish fishery. The 

Council may or may not make use of 

this control date as part of the qualifying 

criteria for participation in that sector of 

the fishery. Fishermen are not 

guaranteed future participation in a 

fishery regardless of their entry date or 

intensity of participation in the fishery 

before or after the control date under 

consideration. The Council 

subsequently may choose a different 

control date or a management regime 

that does not make use of a control date. 

The Council also may choose to take no 

further action to control entry or access 

to the fishery, in which case the control 

date may be rescinded. 

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

Dated: March 12, 2009. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–5864 Filed 3–17–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–AW49 

Fisheries in the Western Pacific; 

Pelagic Fisheries; Hawaii-based 

Shallow-set Longline Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend 

the Fishery Management Plan for 

Pelagic Fisheries of the Western Pacific 

Region (FMP). If approved by the 

Secretary of Commerce (Secretary), 

Amendment 18 would remove the 

annual limit on the number of fishing 

gear deployments (sets) for the Hawaiibased pelagic longline fishery. The 

amendment would also revise the 

current maximum limit on the number 

of physical interactions that occur 

annually between loggerhead sea turtles 

and vessels registered for use under 

Hawaii longline limited access permits 

while shallow-setting. Other measures 

currently applicable to the fishery 

would remain unchanged. Amendment 

18 is intended to increase opportunities 

for the shallow-set fishery to sustainably 

harvest swordfish and other fish 

species, without jeopardizing the 

continued existence of sea turtles and 

other protected resources. 

DATES: Comments on Amendment 18 

must be received by May 18, 2009. 

ADDRESSES: You may send comments on 

Amendment 18, identified by 0648– 

AW49, to either of the following 

addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: Mail written comments to 

William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields, if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

Copies of Amendment 18 (which 

includes a final supplemental 

environmental impact statement) are 

available from www.regulations.gov, and 

the Council, 1164 Bishop St., Suite 

1400, Honolulu, HI 96813, tel 808–522– 

8220, fax 808–522–8226, 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Adam Bailey, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2248. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This proposed rule is also accessible 

at www.gpoaccess.gov/fr. 

Background 

The Hawaii-based shallow-set pelagic 

longline fishery primarily targets 

swordfish in the western Pacific north 

of the Hawaiian Archipelago. The 

fishery is carefully regulated through a 

management program intended, among 

other goals, to reduce the number and 

severity of unintended bycatch 

interactions, particularly between 

longline fishing gear and sea turtles. 

Management measures include the 

mandatory use of large (18/0) offset 

circle hooks and mackerel-type bait, and 

100 percent observer coverage. The 

required use of circle hooks and 

mackerel-type bait has reduced the sea 

turtle interaction rate by approximately 

90 percent for loggerheads, and 83 

percent for leatherbacks, compared to 

the period 1994–2002 when the fishery 

was operating without such 

requirements. 

Because the use of circle hooks and 

mackerel-type bait have proven effective 

in reducing sea turtle interaction rates, 

the Council has recommended in 

Amendment 18 changes to the 

management program that would enable 

the shallow-set fishery to increase and 

sustainably harvest swordfish and other 

fish, without jeopardizing the continued 

existence and recovery of threatened 

and endangered sea turtles and other 

protected resources. 

Amendment 18 would remove the 

annual limit on the number of longline 

shallow sets. The shallow-set certificate 

program, which is used to monitor and 

control the number of sets, with the 

elimination of set limits. Amendment 18 

would also increase the number of 

allowable incidental interactions 

between longline fishing gear to 46 for 

loggerhead sea turtles (from the current 

limit of 17). The allowable interaction 

limit for leatherback sea turtles would 

remain unchanged at 16. 

All other measures currently 

applicable to the fishery would remain 

unchanged, including, but not limited 

to, limited access permits, vessel and 

gear marking requirements, vessel 

length restrictions, Federal catch and 

effort logbooks, 100 percent observer 

coverage, large longline restricted areas 

around the Hawaiian Archipelago, 

vessel monitoring system (VMS), annual 

protected species workshops, and the 

use of sea turtle, seabird, and marine 


tjames on PRODPC61 with PROPOSALS