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]
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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
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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
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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:
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
