Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2018-2019 Commercial Run-Around Gillnet Closure for King Mackerel, 3723-3724 [2019-02193]

Download as PDF Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations 552.236–74 Evaluation of Options. As prescribed in 536.270–5(a), insert the following provision: Evaluation of Options (Mar 2019) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 552.236–75 Options. Evaluation Exclusive of As prescribed in 536.270–5(b), insert the following provision: (b) If the Government exercises the option, the contract shall be considered to include this option clause. (End of clause) ■ 27. Amend section 552.243–71 by— ■ a. Revising the date of the clause; ■ b. Removing from paragraph (a) ‘‘FAR 52.243–4,’’ and adding ‘‘FAR 52.243–4, the ‘‘Changes and Changed Conditions’’ clause prescribed by FAR 52.243–5,’’ in its place; and ■ c. Revising paragraph (c). The revisions read as follows: 552.243–71 * * Equitable Adjustments. * * * Equitable Adjustments (Mar 2019) Evaluation Exclusive of Options (Mar 2019) * The Government will evaluate offers for award purposes by including only the price for the basic requirement. Options will not be included in the evaluation for award purposes. (End of provision) * 552.236–76 Basis of Award—Sealed Bidding Construction * * * * (c) The proposal shall be submitted within the time specified in the ‘‘Changes’’, ‘‘Changes and Changed Conditions’’, or ‘‘Differing Site Conditions’’ clause, as applicable, or such other time as may reasonably be required by the Contracting Officer. * * * * [FR Doc. 2019–01565 Filed 2–12–19; 8:45 am] BILLING CODE 6820–61–P As prescribed in 536.270–5(c), insert the following provision: DEPARTMENT OF COMMERCE Basis of Award—Sealed Bidding Construction (Mar 2019) A bid may be rejected as nonresponsive if the bid is materially unbalanced as to bid prices. A bid is unbalanced when the bid is based on prices significantly less than cost for some work and significantly overstated for other work. (End of provision) Alternate I (Mar 2019). As prescribed in 536.270–5(c), designate the basic provision as paragraph (a) and add the following paragraph to the basic provision: (b)(1) The low bidder for purposes of award is the responsible bidder offering the lowest aggregate price for: (i) The base requirement; plus (ii) All options designated to be evaluated. (2) The evaluation of options will not obligate the Government to exercise the options. 552.236–77 Government’s Right to Exercise Options. As prescribed in 536.270–5(d), insert the following clause: khammond on DSKBBV9HB2PROD with RULES Government’s Right to Exercise Options (Mar 2019) (a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within lll [insert the period of time within which the Contracting Officer may exercise the option]. Unless otherwise specified, options may be exercised within 90 calendar days of contract award. VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363–7275–02] RIN 0648–XG769 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2018–2019 Commercial RunAround Gillnet Closure for King Mackerel National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) through this temporary rule for commercial harvest of king mackerel in the southern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using run-around gillnet gear. NMFS has determined that the commercial annual catch limit (equivalent to the commercial quota) for king mackerel using run-around gillnet gear in the southern zone of the Gulf EEZ has been reached. Therefore, NMFS closes the southern zone to commercial king mackerel fishing using run-around gillnet gear in the Gulf EEZ on February SUMMARY: PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 3723 8, 2019. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective from 12 p.m., eastern time, on February 8, 2019, until 6 a.m., eastern time, on January 21, 2020. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: kelli.odonnell@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights for Gulf migratory group king mackerel (Gulf king mackerel) below apply as either round or gutted weight. King mackerel in the Gulf is divided into western, northern, and southern zones, which have separate commercial quotas. The southern zone for Gulf king mackerel encompasses an area of the EEZ south of a line extending due west from the boundary of Lee and Collier Counties on the Florida west coast, and south of a line extending due east from the boundary of Monroe and MiamiDade Counties on the Florida east coast, which includes the EEZ off Collier and Monroe Counties in south Florida (50 CFR 622.369(a)(1)(iii)). The commercial quota for Gulf king mackerel in the southern zone is 585,900 lb (265,760 kg) for vessels using run-around gillnet gear (50 CFR 622.384(b)(1)(iii)(B)), for the current fishing year, July 1, 2018, through June 30, 2019. Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to close any component of the king mackerel commercial sector when its quota has been reached, or is projected to be reached, by filing a notification with the Office of the Federal Register. NMFS has determined that the Gulf king mackerel commercial quota for vessels using runaround gillnet gear in the southern zone has been reached. Accordingly, commercial fishing using such gear in the southern zone is closed at 12 p.m., eastern time, on February 8, 2019, until 6 a.m., eastern time, on January 21, 2020, the beginning of the next fishing season, i.e., the day after the 2020 Martin Luther King, Jr. Federal holiday. Vessel operators that have been issued E:\FR\FM\13FER1.SGM 13FER1 3724 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES a Federal commercial permit to harvest Gulf king mackerel using run-around gillnet gear in the southern zone must have landed ashore and bartered, traded, or sold such king mackerel prior to 12 p.m., eastern time, on February 8, 2019. Persons aboard a vessel for which a Federal commercial permit for Gulf king mackerel has been issued, except persons who also possess a king mackerel gillnet permit, may fish for or retain Gulf king mackerel harvested using hook-and-line gear in the southern zone unless the commercial quota for hook-and-line gear has been met and the hook-and-line component of the commercial sector has been closed. In addition, as long as the recreational sector for Gulf king mackerel is open (50 CFR 622.384(e)(1)), a person aboard a vessel that has a valid Federal commercial gillnet permit for king mackerel may continue to retain king mackerel under the bag and possession limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2). During the closure, Gulf king mackerel harvested using run-around gillnet gear in the southern zone may not be purchased or sold. This prohibition does not apply to Gulf king mackerel harvested using run-around gillnet gear in the southern zone that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor (50 CFR 622.384(e)(2)). Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of Gulf king mackerel and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.8(b) and 622.388(a)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without prior notice and opportunity for public comment. This action responds to the best scientific information available. The NOAA Assistant Administrator for Fisheries (AA) finds that the need to immediately implement this action to close the commercial fishery component that uses run-around gillnet gear constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on VerDate Sep<11>2014 16:46 Feb 12, 2019 Jkt 247001 this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the commercial quota and the associated AM has already been subject to notice and comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment is contrary to the public interest, because any delay in the closure of the commercial harvest could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the king mackerel resource, because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment on this action would require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: February 8, 2019. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–02193 Filed 2–8–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02] RIN 0648–XG787 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. AGENCY: NMFS transfers 26 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category January 2019 period (from January 1 through March 31, 2019, or until the available subquota for this period is reached, whichever comes first). This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. DATES: The quota transfer is effective February 8, 2019, through March 31, 2019. FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978–675–2154, or Sarah McLaughlin, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota. NMFS published a final rule (i.e., the ‘‘quota rule’’ (83 FR 51391, October 11, 2018)) that increased the baseline U.S. BFT quota from 1,058.79 mt to 1,247.86 mt consistent with a 2017 ICCAT recommendation and accordingly increased the domestic category quotas for 2018, until changed via a subsequent ICCAT recommendation. Within the General category quota, each time period (January, June through August, September, October through November, and December) is further allocated a subquota or portion of the annual General category quota. Although it is called the ‘‘January’’ subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. The baseline subquotas for each time period are as follows: 29.5 mt for January; 277.9 mt for June through August; 147.3 mt for September; 72.2 mt for October through November; and 28.9 mt for December. Any unused General category quota rolls forward from one time period to E:\FR\FM\13FER1.SGM 13FER1

Agencies

[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3723-3724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160426363-7275-02]
RIN 0648-XG769


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
Atlantic Region; 2018-2019 Commercial Run-Around Gillnet Closure for 
King Mackerel

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) through this 
temporary rule for commercial harvest of king mackerel in the southern 
zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) using 
run-around gillnet gear. NMFS has determined that the commercial annual 
catch limit (equivalent to the commercial quota) for king mackerel 
using run-around gillnet gear in the southern zone of the Gulf EEZ has 
been reached. Therefore, NMFS closes the southern zone to commercial 
king mackerel fishing using run-around gillnet gear in the Gulf EEZ on 
February 8, 2019. This closure is necessary to protect the Gulf king 
mackerel resource.

DATES: The closure is effective from 12 p.m., eastern time, on February 
8, 2019, until 6 a.m., eastern time, on January 21, 2020.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
kelli.odonnell@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish includes king mackerel, Spanish mackerel, and cobia, and is 
managed under the Fishery Management Plan for the Coastal Migratory 
Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The 
FMP was prepared by the Gulf of Mexico and South Atlantic Fishery 
Management Councils and is implemented by NMFS under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622. All weights for Gulf 
migratory group king mackerel (Gulf king mackerel) below apply as 
either round or gutted weight.
    King mackerel in the Gulf is divided into western, northern, and 
southern zones, which have separate commercial quotas. The southern 
zone for Gulf king mackerel encompasses an area of the EEZ south of a 
line extending due west from the boundary of Lee and Collier Counties 
on the Florida west coast, and south of a line extending due east from 
the boundary of Monroe and Miami-Dade Counties on the Florida east 
coast, which includes the EEZ off Collier and Monroe Counties in south 
Florida (50 CFR 622.369(a)(1)(iii)).
    The commercial quota for Gulf king mackerel in the southern zone is 
585,900 lb (265,760 kg) for vessels using run-around gillnet gear (50 
CFR 622.384(b)(1)(iii)(B)), for the current fishing year, July 1, 2018, 
through June 30, 2019.
    Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to 
close any component of the king mackerel commercial sector when its 
quota has been reached, or is projected to be reached, by filing a 
notification with the Office of the Federal Register. NMFS has 
determined that the Gulf king mackerel commercial quota for vessels 
using run-around gillnet gear in the southern zone has been reached. 
Accordingly, commercial fishing using such gear in the southern zone is 
closed at 12 p.m., eastern time, on February 8, 2019, until 6 a.m., 
eastern time, on January 21, 2020, the beginning of the next fishing 
season, i.e., the day after the 2020 Martin Luther King, Jr. Federal 
holiday. Vessel operators that have been issued

[[Page 3724]]

a Federal commercial permit to harvest Gulf king mackerel using run-
around gillnet gear in the southern zone must have landed ashore and 
bartered, traded, or sold such king mackerel prior to 12 p.m., eastern 
time, on February 8, 2019.
    Persons aboard a vessel for which a Federal commercial permit for 
Gulf king mackerel has been issued, except persons who also possess a 
king mackerel gillnet permit, may fish for or retain Gulf king mackerel 
harvested using hook-and-line gear in the southern zone unless the 
commercial quota for hook-and-line gear has been met and the hook-and-
line component of the commercial sector has been closed. In addition, 
as long as the recreational sector for Gulf king mackerel is open (50 
CFR 622.384(e)(1)), a person aboard a vessel that has a valid Federal 
commercial gillnet permit for king mackerel may continue to retain king 
mackerel under the bag and possession limits set forth in 50 CFR 
622.382(a)(1)(ii) and (a)(2).
    During the closure, Gulf king mackerel harvested using run-around 
gillnet gear in the southern zone may not be purchased or sold. This 
prohibition does not apply to Gulf king mackerel harvested using run-
around gillnet gear in the southern zone that were harvested, landed 
ashore, and sold prior to the closure and were held in cold storage by 
a dealer or processor (50 CFR 622.384(e)(2)).

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(b) and 622.388(a)(1) and is 
exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without prior 
notice and opportunity for public comment.
    This action responds to the best scientific information available. 
The NOAA Assistant Administrator for Fisheries (AA) finds that the need 
to immediately implement this action to close the commercial fishery 
component that uses run-around gillnet gear constitutes good cause to 
waive the requirements to provide prior notice and opportunity for 
public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because prior notice and opportunity for public comment on 
this temporary rule is unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the rule implementing the 
commercial quota and the associated AM has already been subject to 
notice and comment, and all that remains is to notify the public of the 
closure. Prior notice and opportunity for public comment is contrary to 
the public interest, because any delay in the closure of the commercial 
harvest could result in the commercial quota being exceeded. There is a 
need to immediately implement this action to protect the king mackerel 
resource, because the capacity of the fishing fleet allows for rapid 
harvest of the quota. Prior notice and opportunity for public comment 
on this action would require time and would potentially result in a 
harvest well in excess of the established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3).

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

    Dated: February 8, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-02193 Filed 2-8-19; 4:15 pm]
BILLING CODE 3510-22-P