Pacific Island Fisheries; 2020 U.S. Territorial Longline Bigeye Tuna Catch Limits for American Samoa, 63216-63217 [2020-19890]
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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:
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Frm 00028
Fmt 4700
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§ 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
https://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
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]]>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.
-----------------------------------------------------------------------
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 https://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
