Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2019-2020 Closure of Commercial Run-Around Gillnet for King Mackerel, 11861-11862 [2020-04092]
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Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations
economic, environmental, public health
and safety effects, distributive impacts,
and equality). E.O. 13563 emphasizes
the importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. USAID has reviewed the
regulation to ensure its consistency with
the regulatory philosophy and
principles set forth in E.O.s 12866 and
13563 and finds that the benefits of
issuing this rule outweigh any costs,
which the Agency assesses to be
minimal. The Office of Management and
Budget’s Office of Information and
Regulatory Affairs (OMB/OIRA) has
determined that this regulatory action is
‘‘significant’’ and therefore subject to
the requirements of the E.O. and subject
to review by OMB. OMB/OIRA has
determined that this rule is not an
‘‘economically significant regulatory
action’’ under Section 3(f)(1) of E.O.
12866. This final rule is not subject to
the requirements of E.O. 13771 because
this rule is related to agency
organization, management, or
personnel.
Regulatory Flexibility Act
USAID certifies that this rule will not
have a significant economic impact on
a substantial number of small entities.
Consequently, the Agency has not
prepared a regulatory flexibility
analysis.
Small Business Regulatory Enforcement
Fairness Act
This is not a major rule under 5 U.S.C.
804(2), the Small Business Regulatory
Enforcement Fairness Act.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to OMB under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) is not required.
Subpart 701.6—Career Development,
Contracting Authority, and
Responsibilities
2. Revise 701.603–70 to read as
follows:
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701.603–70
officers.
3. In appendix D to chapter 7, in
section 4 ‘‘Policy’’, revise paragraph
(b)(3)b. and add paragraph (b)(4) and
revise the authority citation at the end
of the appendix to read as follows:
■
Appendix D to Chapter 7—Direct
USAID Contracts With a U.S. Citizen or
a U.S. Resident Alien for Personal
Services Abroad
*
*
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1. The authority citation for 48 CFR
part 701 continues to read as follows:
■
Authority: Sec. 621, Pub. L. 87–195, 75
Stat. 445, (22 U.S.C. 2381) as amended; E.O.
12163, Sept. 29, 1979, 44 FR 56673; and 3
CFR 1979 Comp., p. 435.
PO 00000
*
Appendix J to Chapter 7—Direct USAID
Contracts With a Cooperating Country
National and With a Third Country
National for Personal Services Abroad
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*
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4. Policy
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(b) * * *
(3) * * *
b. They may not be delegated authority to
sign obligating or subobligating documents
except when a cooperating country national
personal services contractor is specifically
designated as a contracting officer or an
agreement officer in accordance with FAR
subpart 1.6 and the Agency’s applicable
warrant program.
*
*
*
*
*
(4) Exceptions. The Assistant
Administrator, Bureau for Management (AA/
M) must approve exceptions to the
limitations in (b)(3). Approval of an
exception by the AA/M is not required when
the Director, Bureau for Management, Office
of Acquisition and Assistance (M/OAA
Director) designates a cooperating country
national personal services contractor as a
contracting officer or an agreement officer.
*
*
*
*
*
Authority: (Authority: Sec. 621, Pub. L.
87–195, 75 Stat. 445, (22 U.S.C. 2381) as
amended; E.O. 12163, Sept. 29, 1979, 44 FR
56673; and 3 CFR 1979 Comp., p. 435)
Mark Walther,
Acting Chief Acquisition Officer.
[FR Doc. 2020–03408 Filed 2–27–20; 8:45 am]
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DEPARTMENT OF COMMERCE
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National Oceanic and Atmospheric
Administration
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(4) Exceptions. The Assistant
Administrator, Bureau for Management (AA/
M) must approve exceptions to the
limitations in (b)(3). Approval of an
exception by the AA/M is not required when
the Director, Bureau for Management, Office
of Acquisition and Assistance (M/OAA
Director) designates a USPSC as a contracting
officer or an agreement officer.
*
Jkt 250001
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4. In appendix J to chapter 7, in
section 4 ‘‘Policy’’, revise paragraphs
(b)(3)b. and (b)(4) and the authority
citation at the end of the appendix to
read as follows:
■
*
(b) * * *
(3) * * *
b. They may not be delegated authority to
sign obligating or subobligating documents
except when specifically designated as a
contracting officer or an agreement officer in
accordance with FAR subpart 1.6 and the
Agency’s applicable warrant program.
For the reasons stated in the
preamble, USAID amends 48 CFR
Chapter 7 as set forth below:
15:45 Feb 27, 2020
*
Authority: (Authority: Sec. 621, Pub. L.
87–195, 75 Stat. 445, (22 U.S.C. 2381) as
amended; E.O. 12163, Sept. 29, 1979, 44 FR
56673; and 3 CFR 1979 Comp., p. 435)
*
4. Policy
Government procurement.
VerDate Sep<11>2014
Designation of contracting
A contracting officer represents the
U.S. Government through the exercise of
his/her delegated authority to negotiate,
sign, and administer contracts on behalf
of the U.S. Government. The contracting
officer’s duties are sensitive,
specialized, and responsible. To ensure
proper accountability, and to preclude
possible security, conflict of interest, or
jurisdiction problems, USAID
contracting officers must be U.S. citizen
direct-hire employees of the U.S.
Government. However, Director, Bureau
for Management, Office of Acquisition
and Assistance (M/OAA Director) may
also designate a U.S. Personal Services
Contractor (USPSC) or a Cooperating
Country National Personal Services
Contractor (CCNPSC) as a contracting
officer with a specific level of warrant
authority. To qualify for a designation as
a contracting officer, an individual must
meet the requirements in FAR subpart
1.6 and the Agency’s applicable warrant
program.
*
List of Subjects in 48 CFR Part 701
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PART 701—FEDERAL ACQUISITION
REGULATION SYSTEM
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50 CFR Part 622
[Docket No. 160426363–7275–02]
RTID 0648–XS021
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2019–2020 Closure of
Commercial Run-Around Gillnet for
King Mackerel
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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11862
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Rules and Regulations
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 (ACL) (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
25, 2020. This closure is necessary to
protect the Gulf king mackerel resource.
DATES: The closure is effective from 12
p.m. local time on February 25, 2020,
until 6 a.m. local time on January 19,
2021.
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
in the Gulf 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) apply as
either round or gutted weight.
The commercial fishery for Gulf king
mackerel is divided into western,
northern, and southern zones. The
southern zone for Gulf king mackerel
encompasses an area of the Gulf EEZ off
Collier and Monroe Counties in south
Florida, which is 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 (50 CFR
622.369(a)(1)(iii)).
The commercial ACL for Gulf king
mackerel is divided into separate ACLs
for hook-and-line and run-around
gillnet gear. The use of run-around
gillnets for king mackerel is restricted to
the Gulf southern zone. On November
13, 2019, as a result of an overage of the
2018–2019 commercial gillnet ACL,
NMFS reduced the 2019–2020
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:45 Feb 27, 2020
Jkt 250001
commercial quota (equivalent to the
commercial ACL) for Gulf king mackerel
in the southern zone for vessels using
run-around gillnet gear to 530,043 lb
(240,423 kg) for the 2019–2020 fishing
year, which extends through June 30,
2020 (84 FR 61568, November 13, 2019;
50 CFR 622.388(a)(1)(iii)).
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 applicable
quota has been reached, or is projected
to be reached, by filing a notification to
that effect with the Office of the Federal
Register. NMFS has determined that for
the 2019–2020 fishing year, the adjusted
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. local time on February 25,
2020, until 6 a.m. local time on January
19, 2021, the beginning of the next
fishing season, i.e., the day after the
2021 Martin Luther King, Jr. Federal
holiday. Vessel operators that have been
issued a Federal commercial permit to
harvest Gulf king mackerel using runaround gillnet gear in the southern zone
must have landed ashore and bartered,
traded, or sold such king mackerel prior
to 12 p.m. local time on February 25,
2020.
Persons aboard a vessel using hookand-line gear in the southern zone for
which a Federal commercial permit for
Gulf king mackerel has been issued,
except persons aboard such a vessel also
issued a Federal commercial permit to
harvest Gulf king mackerel using runaround gillnet gear, may fish for or
retain Gulf king mackerel unless the
southern zone 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 recreational bag and
possession limits set forth in 50 CFR
622.382(a)(1)(ii) and (a)(2).
During the commercial closure, Gulf
king mackerel harvested using runaround 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)).
PO 00000
Frm 00034
Fmt 4700
Sfmt 9990
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
FMP, 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 run-around gillnet component
of the commercial sector in the Gulf
southern zone 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 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04092 Filed 2–25–20; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Rules and Regulations]
[Pages 11861-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04092]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RTID 0648-XS021
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2019-2020 Closure of Commercial Run-Around Gillnet for
King Mackerel
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
[[Page 11862]]
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 (ACL) (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 25, 2020. This closure is necessary to protect the
Gulf king mackerel resource.
DATES: The closure is effective from 12 p.m. local time on February 25,
2020, until 6 a.m. local time on January 19, 2021.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish in the Gulf 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)
apply as either round or gutted weight.
The commercial fishery for Gulf king mackerel is divided into
western, northern, and southern zones. The southern zone for Gulf king
mackerel encompasses an area of the Gulf EEZ off Collier and Monroe
Counties in south Florida, which is 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 (50 CFR
622.369(a)(1)(iii)).
The commercial ACL for Gulf king mackerel is divided into separate
ACLs for hook-and-line and run-around gillnet gear. The use of run-
around gillnets for king mackerel is restricted to the Gulf southern
zone. On November 13, 2019, as a result of an overage of the 2018-2019
commercial gillnet ACL, NMFS reduced the 2019-2020 commercial quota
(equivalent to the commercial ACL) for Gulf king mackerel in the
southern zone for vessels using run-around gillnet gear to 530,043 lb
(240,423 kg) for the 2019-2020 fishing year, which extends through June
30, 2020 (84 FR 61568, November 13, 2019; 50 CFR 622.388(a)(1)(iii)).
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
applicable quota has been reached, or is projected to be reached, by
filing a notification to that effect with the Office of the Federal
Register. NMFS has determined that for the 2019-2020 fishing year, the
adjusted 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. local time on February 25, 2020, until 6 a.m. local time on
January 19, 2021, the beginning of the next fishing season, i.e., the
day after the 2021 Martin Luther King, Jr. Federal holiday. Vessel
operators that have been issued 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. local time on February 25, 2020.
Persons aboard a vessel using hook-and-line gear in the southern
zone for which a Federal commercial permit for Gulf king mackerel has
been issued, except persons aboard such a vessel also issued a Federal
commercial permit to harvest Gulf king mackerel using run-around
gillnet gear, may fish for or retain Gulf king mackerel unless the
southern zone 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 recreational bag and possession
limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2).
During the commercial 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 FMP, 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 run-around gillnet
component of the commercial sector in the Gulf southern zone
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 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-04092 Filed 2-25-20; 4:15 pm]
BILLING CODE 3510-22-P
