Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye Tuna Catch Limits for American Samoa, 63216-63217 [2020-19890]

Download as PDF 63216 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Rules and Regulations expand, limit, or otherwise apply to the financial eligibility rules of 45 CFR part 1611. § 1610.5 Grants, subgrants, donations, and gifts made by recipients. (a) Subgrants in which a recipient provides LSC funds or LSC-funded resources as some or all of a subgrant to a subrecipient are governed by 45 CFR part 1627. That rule states how the restrictions apply to the subgrant and to the non-LSC funds of the subrecipient, which can vary with different types of subgrants. (b) Donations and gifts using LSC funds are prohibited by 45 CFR part 1630. (c) Use of non-LSC funds. Grants, subgrants, donations, or gifts provided by a recipient and funded entirely with non-LSC funds are not subject to this part. § 1610.6 Exceptions for public defender programs and criminal or related cases. The following restrictions do not apply to: (1) A recipient’s or subrecipient’s separately funded public defender program or project; or (2) Criminal or related cases accepted by a recipient or subrecipient pursuant to a court appointment. (a) Criminal proceedings—45 CFR part 1613; (b) Actions challenging criminal convictions—45 CFR part 1615; (c) Aliens—45 CFR part 1626; (d) Prisoner litigation—45 CFR part 1637; § 1610.7 Notification to non-LSC funders and donors. (a) No recipient may accept funds from any source other than LSC unless the recipient provides the source of the funds with written notification of LSC prohibitions and conditions that apply to the funds, except as provided in paragraph (b) of this section. (b) LSC does not require recipients to provide written notification for receipt of any single contribution of less than $250. Subpart C—Program Integrity § 1610.8 Program integrity of recipient. (a) A recipient must have objective integrity and independence from any organization that engages in restricted activities. A recipient will be found to have objective integrity and independence from such an organization if: (1) The other organization is a legally separate entity; (2) The other organization receives no subgrant of LSC funds from the recipient, as defined in 45 CFR part VerDate Sep<11>2014 15:59 Oct 06, 2020 Jkt 250001 1627, and LSC funds do not subsidize restricted activities; and (3) The recipient is physically and financially separate from the other organization. Mere bookkeeping separation of LSC funds from other funds is not sufficient. LSC will determine whether sufficient physical and financial separation exists on a case-by-case basis and will base its determination on the totality of the facts. The presence or absence of any one or more factors will not be determinative. Factors relevant to this determination shall include but will not be limited to: (i) The existence of separate personnel; (ii) The existence of separate accounting and timekeeping records; (iii) The degree of separation from facilities in which restricted activities occur, and the extent of such restricted activities; and (iv) The extent to which signs and other forms of identification that distinguish the recipient from the organization are present. (b) Each recipient’s governing body must certify to LSC on an annual basis that the recipient is in compliance with the requirements of this section. Subpart D—Accounting and Compliance § 1610.9 Accounting. (a) Recipients shall account for funds received from a source other than LSC as separate and distinct receipts and disbursements in a manner directed by LSC. (b) Recipients shall adopt written policies and procedures to implement the requirements of this part. (c) Recipients shall maintain records sufficient to document the expenditure of non-LSC funds for any restricted activities as defined in Subpart A and to otherwise demonstrate compliance with the requirements of this part. § 1610.10 Compliance. In addition to all other compliance and enforcement options, LSC may recover from a recipient’s LSC funds an amount not to exceed the amount improperly charged to non-LSC funds, as provided in § 1630.16 of this chapter. PART 1630—COST STANDARDS AND PROCEDURES 2. The authority citation for part 1630 continues to read as follows: ■ Authority: 42 U.S.C. 2996g(e). ■ 3. Revise § 1630.16 to read as follows: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 § 1630.16 Applicability to non-LSC funds. (a) No cost may be charged to nonLSC funds in violation of 45 CFR 1610.3 or 1610.4. (b) LSC may recover from a recipient’s LSC funds an amount not to exceed the amount improperly charged to non-LSC funds. The review and appeal procedures of §§ 1630.11 and 1630.12 govern any decision by LSC to recover funds under this paragraph. Dated: September 15, 2020. Mark Freedman, Senior Associate General Counsel. [FR Doc. 2020–20600 Filed 10–6–20; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 RTID 0648–XA441 Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye Tuna Catch Limits for American Samoa National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Announcement of a valid specified fishing agreement. AGENCY: NMFS announces a valid specified fishing agreement that allocates up to 1,000 metric tons (t) of the 2020 bigeye tuna limit for American Samoa to U.S. longline fishing vessels. The agreement supports the long-term sustainability of fishery resources of the U.S. Pacific Islands, and fisheries development in American Samoa. DATES: The specified fishing agreement was valid as of August 25, 2020. The start date for attributing 2020 bigeye tuna catch to American Samoa was September 6, 2020. ADDRESSES: The Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) describes specified fishing agreements and is available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808–522–8226, or http://www.wpcouncil.org. NMFS prepared environmental analyses that describe the potential impacts on the human environment that would result from the action. The analyses, identified by NOAA–NMFS– 2020–0120, are available from https:// www.regulations.gov/docket?D=NOAANMFS-2020-0120, or from Michael D. SUMMARY: E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Rules and Regulations Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable Fisheries, 808–725–5184. SUPPLEMENTARY INFORMATION: In a final rule published on August 19, 2020, NMFS specified a 2020 limit of 2,000 t of longline-caught bigeye tuna for the U.S. Pacific Island territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (85 FR 50961). NMFS allows each territory to allocate up to 1,500 t of the 2,000 t limit to U.S. longline fishing vessels identified in a valid specified fishing agreement, but the overall allocation limit among all territories may not exceed 3,000 t. VerDate Sep<11>2014 15:59 Oct 06, 2020 Jkt 250001 On August 21, 2020, NMFS received from the Council a specified fishing agreement between the American Samoa and the Hawaii Longline Association. The Council’s Executive Director advised that the specified fishing agreement was consistent with the criteria set forth in 50 CFR 665.819(c)(1). On August 25, 2020, NMFS reviewed the agreement and determined that it is consistent with the Pelagic FEP, the Magnuson-Stevens Fishery Conservation and Management Act, implementing regulations, and other applicable laws. In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), vessels in the agreement may retain and land bigeye tuna in the western and central Pacific Ocean under American Samoa PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 63217 attribution specified in the fishing agreement. On September 6, 2020, NMFS began attributing bigeye tuna caught by vessels in the agreement to American Samoa. If NMFS determines that the fishery will reach the 1,000 t allocation specified in the agreement, we will restrict the retention of bigeye tuna caught by vessels in the agreement, unless the vessels are included in a subsequent specified fishing agreement with another U.S. territory. Authority: 16 U.S.C. 1801 et seq. Dated: September 3, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–19890 Filed 10–6–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Rules and Regulations]
[Pages 63216-63217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19890]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

RTID 0648-XA441


Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye 
Tuna Catch Limits for American Samoa

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

ACTION: Announcement of a valid specified fishing agreement.

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SUMMARY: NMFS announces a valid specified fishing agreement that 
allocates up to 1,000 metric tons (t) of the 2020 bigeye tuna limit for 
American Samoa to U.S. longline fishing vessels. The agreement supports 
the long-term sustainability of fishery resources of the U.S. Pacific 
Islands, and fisheries development in American Samoa.

DATES: The specified fishing agreement was valid as of August 25, 2020. 
The start date for attributing 2020 bigeye tuna catch to American Samoa 
was September 6, 2020.

ADDRESSES: The Fishery Ecosystem Plan for Pelagic Fisheries of the 
Western Pacific (FEP) describes specified fishing agreements and is 
available from the Western Pacific Fishery Management Council 
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or http://www.wpcouncil.org.
    NMFS prepared environmental analyses that describe the potential 
impacts on the human environment that would result from the action. The 
analyses, identified by NOAA-NMFS-2020-0120, are available from https://www.regulations.gov/docket?D=NOAA-NMFS-2020-0120, or from Michael D.

[[Page 63217]]

Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Lynn Rassel, NMFS PIRO Sustainable 
Fisheries, 808-725-5184.

SUPPLEMENTARY INFORMATION: In a final rule published on August 19, 
2020, NMFS specified a 2020 limit of 2,000 t of longline-caught bigeye 
tuna for the U.S. Pacific Island territories of American Samoa, Guam, 
and the Commonwealth of the Northern Mariana Islands (85 FR 50961). 
NMFS allows each territory to allocate up to 1,500 t of the 2,000 t 
limit to U.S. longline fishing vessels identified in a valid specified 
fishing agreement, but the overall allocation limit among all 
territories may not exceed 3,000 t.
    On August 21, 2020, NMFS received from the Council a specified 
fishing agreement between the American Samoa and the Hawaii Longline 
Association. The Council's Executive Director advised that the 
specified fishing agreement was consistent with the criteria set forth 
in 50 CFR 665.819(c)(1). On August 25, 2020, NMFS reviewed the 
agreement and determined that it is consistent with the Pelagic FEP, 
the Magnuson-Stevens Fishery Conservation and Management Act, 
implementing regulations, and other applicable laws.
    In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), 
vessels in the agreement may retain and land bigeye tuna in the western 
and central Pacific Ocean under American Samoa attribution specified in 
the fishing agreement. On September 6, 2020, NMFS began attributing 
bigeye tuna caught by vessels in the agreement to American Samoa. If 
NMFS determines that the fishery will reach the 1,000 t allocation 
specified in the agreement, we will restrict the retention of bigeye 
tuna caught by vessels in the agreement, unless the vessels are 
included in a subsequent specified fishing agreement with another U.S. 
territory.

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

    Dated: September 3, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-19890 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-22-P