46806 Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules ADDRESSES: Interested parties should List of Subjects in 48 CFR Part 225 permits, where they exist, do not satisfy submit written comments to: Defense Government procurement. the requirements of the Administrative Acquisition Regulations Council, Attn: Procedure Act, the Magnuson Fishery Michele P. Peterson, Ms. Amy Williams, PDUSD (A&T) DP Conservation and Management Act (DAR), IMD 3D139, 3062 Defense Executive Editor, Defense Acquisition (Magnuson Act), and other applicable Regulations Council. Pentagon, Washington, DC 20301±3062. laws. The proposed rule would Telefax number (703) 602±0350. Please Therefore, 48 CFR Part 225 is implement the remaining measures in cite DFARS Case 95±D022 in all proposed to be amended as follows: the FMP. The intended effect is to correspondence related to this issue. protect important marine resources. PART 225ÐFOREIGN ACQUISITION FOR FURTHER INFORMATION CONTACT: DATES: Written comments must be Ms. Amy Williams, (703) 602±0131. 1. The authority citation for 48 CFR received on or before October 16, 1995. ADDRESSES: SUPPLEMENTARY INFORMATION: Part 225 continues to read as follows: Comments on the proposed rule must be sent to the Southeast A. Background Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. Regional Office, NMFS, 9721 Executive This proposed rule amends language Center Drive N., St. Petersburg, FL 2. Section 225.402 is amended by in the Defense Federal Acquisition 33702. revising paragraph (a) to read as follows: Regulation Supplement (DFARS) to Requests for copies of the FMP, which change the valuation basis for the 225.402 Policy. includes a regulatory impact review and an environmental impact statement, purpose of meeting thresholds under the (a) To estimate the value of the should be sent to the Caribbean Fishery North American Free Trade Agreement acquisition, use the total estimated Management Council, 268 MunÄ oz (NAFTA) and the Trade Agreements Act value of end products subject to trade Rivera Avenue, Suite 1108, San Juan, PR (TAA) to the estimated combined value agreement acts (see 225.403±70). 00918-2577. of all line items subject to the acts, (1) See 225.105 for evaluation of rather than valuing each line item Comments regarding the collection-of- eligible products and U.S. made end information requirement contained in separately. The purpose of the change is products. to comply with the requirements of this proposed rule should be sent to * * * * * NAFTA. For consistency, since all Edward E. Burgess, Southeast Regional acquisitions subject to the Trade [FR Doc. 95±22167 Filed 9±7±95; 8:45 am] Office, NMFS, 9721 Executive Center Agreements Act are also subject to BILLING CODE 5000±04±M Drive N., St. Petersburg, FL 33702, and NAFTA, this valuation method is made to the Office of Information and applicable to the Trade Agreements Act Regulatory Affairs, Office of threshold as well. DEPARTMENT OF COMMERCE Management and Budget (OMB), Washington, DC 20503 (Attention: B. Regulatory Flexibility Act National Oceanic and Atmospheric NOAA Desk Officer). The proposed rule may have a Administration FOR FURTHER INFORMATION CONTACT: significant economic impact on a Georgia Cranmore, 813-570-5305. 50 CFR Part 670 substantial number of small entities SUPPLEMENTARY INFORMATION: The FMP within the meaning of the Regulatory [Docket No. 950825218±5218±01; I.D. was prepared by the Caribbean Fishery Flexibility Act, 5 U.S.C. 601, et seq., 073195A] Management Council (Council) under because the proposed rule changes the RIN 0648±AE47 the authority of the Magnuson Act. valuation method used by contracting Background officers to determine whether a Coral Reef Resources of Puerto Rico procurement is subject to a trade and the U.S. Virgin Islands; Initial The FMP addresses corals and reef- agreement. The proposed rule will not Regulations associated plants and invertebrates diminish existing preferences for small (coral reef resources) in the waters of the businesses because purchases under AGENCY: National Marine Fisheries Commonwealth of Puerto Rico and the small and small disadvantaged business Service (NMFS), National Oceanic and Territory of the U.S. Virgin Islands preference programs are exempted from Atmospheric Administration (NOAA), (states) and the waters of the adjoining the trade agreements. An initial Commerce. EEZ. The proposed regulations would Regulatory Flexibility Analysis has been ACTION: Proposed rule; request for govern conservation and management of prepared and may be obtained from the comments. coral reef resources in or from the address stated herein. Comments are adjoining EEZ. The FMP was developed invited from small businesses and other SUMMARY: NMFS issues this proposed to address general concern for the interested parties. Comments form small rule to implement the Fishery effects of man's activities on coral reef entities concerning the affected subpart Management Plan for Corals and Reef resources, including pollution resulting will be considered in accordance with Associated Plants and Invertebrates of from coastal development, and the new Section 610 of the Act. Such comments Puerto Rico and the U.S. Virgin Islands and rapidly expanding fishery for the must be submitted separately and cite (FMP). This rule proposes restrictions marine aquarium industry, especially in DFARS Case 95±D022 in on the taking of coral reef resources in Puerto Rico. correspondence. or from the exclusive economic zone The waters off Puerto Rico could (EEZ) around Puerto Rico and the U.S. become the principal source of live C. Paperwork Reduction Act Virgin Islands. NMFS, based on a coral reef resources for the U.S. marine This rule does not impose any preliminary evaluation of the FMP, has aquarium market, because other areas of additional information collection disapproved two measures involving the the Caribbean and Florida have requirements which require the adoption of state permit and reporting restricted commercial harvest approval of the Office of Management requirements because the state permit operations by gear regulations and some and Budget under 44 U.S.C. 3501, et systems are not yet fully developed, and quotas. The Council is concerned about seq. the state regulations authorizing these the potential impacts of the aquarium Federal Register / Vol. 60, No. 174 / Friday, September 8, 1995 / Proposed Rules 46807 fishery on targeted organisms and the no coral heads, or other reef habitats, are prohibited. To put a limitation on sale reef habitat where they are collected, overturned or otherwise disturbed into effect, it is necessary to be able to because of increasing demand and during harvest to allow access to distinguish between prohibited species current harvesting methods, including targeted organisms sheltered beneath from the EEZ or adjoining state waters the use of chemicals and the removal of them. The proposed gear restrictions are and prohibited species harvested substrate. not expected to adversely affect elsewhere and imported for sale in The Council has noted the current experienced harvesters of coral reef Puerto Rico or the U.S. Virgin Islands. rate of degradation of coral reef resources. The restrictions are designed Such distinction cannot be made by resources, their limited distribution and to allow the harvest of these species appearance or test. Accordingly, the the consequent potential for without bycatch or increased capture FMP proposes that a species prohibited overexploitation, and the growing mortality. for sale in Puerto Rico or the U.S. Virgin demand for reef-associated invertebrates Islands will be presumed to have been Protected Species for aquariums. The FMP, in association harvested from the EEZ or from with corresponding state laws, is Current scientific research indicates adjoining state waters unless it is expected to provide consistent that corals and live rock are relatively accompanied by documentation protection for coral reef resources slow-growing and may be considered showing that it was harvested throughout the U.S. Caribbean. nonrenewable fishery resources. elsewhere. The FMP proposes to: (1) Prohibit the Although certain of the soft coral The proposed documentation of use of chemicals, plants, plant-derived species, such as gorgonians, are faster- having been harvested elsewhere would toxins, and explosives to take coral reef growing, the Council determined that consist of (1) information specified in 50 resources in the EEZ; (2) limit allowable there are insufficient data on growth CFR Part 246 for marking containers or harvest in the EEZ to dip nets and slurp and replacement rates to propose safe packages of organisms that are guns or by hand; and (3) prohibit the harvest levels for these species. imported, exported, or transported in possession or sale of stony corals, Consequently, the FMP proposes a interstate commerce; (2) the name and gorgonians, and live rock (prohibited prohibition on taking: (1) Stony coral, home port of the vessel or the name and species) taken from the EEZ. which includes fire corals, hydrocorals, address of the individual harvesting the Additionally, the FMP proposes the and black corals; (2) gorgonians, prohibited species; (3) the date and port adoption of state permit systems for including sea fans; and (3) live rock, of landing of the species; and (4) a harvesters and dealers of coral reef except when such taking can be statement signed by the person holding resources and for the taking of authorized for scientific, educational, or the prohibited species for sale attesting prohibited species for scientific, restoration purposes. Live rock means that, to the best of his or her knowledge, educational, or restoration purposes. coral reef resources attached to a hard information and belief, the species was However, these portions of the FMP are substrate, including dead coral or rock. harvested from an area other than the being disapproved because the state Live rock is collected by scuba divers EEZ or adjoining state waters. If permit systems for coral reef resources and sold to the marine aquarium approved, the requirement for are not yet fully developed and state industry for use in minireef tanks.