Federal Register - February 9, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

Protection of Migratory Birds in the United States and Canada.
Additionally, in its public comments on the draft EIS for the MBTA rule, Canada stated that it believes the rule is inconsistent with previous understandings between Canada and the United States U.S., and is inconsistent with the long-standing protections that have been afforded to non-targeted birds under the Convention for the Protection of Migratory Birds in the United States and Canada . . . as agreed upon by Canada and the U.S. through Article I.
The removal of such protections will result in further unmitigated risks to vulnerable bird populations protected under the Convention.
Therefore, we invite public comments on the MBTA rule to allow interested parties to provide comments about issues of fact, law, and policy raised by that rule, and so that we can consider any petitions for reconsideration involving the rule. We also invite public comments on whether the rule should be amended, rescinded, delayed pending further review by the agency, or allowed to go into effect. In particular, the USFWS would appreciate comments on the scope of the MBTA as it applies to conduct resulting in the injury or death of migratory birds protected by the MBTA, the impact of the MBTA rule on our treaty partners, the impact of the MBTA rule on regulated entities, the effect of the pending litigation on the MBTA rule, and the appropriateness of delaying the effective date of the MBTA
rule beyond March 8, 2021. The USFWS
will consider these comments in reviewing the MBTA rule. See DATES
and ADDRESSES, above, and Public Comments, below, for more information on submitting comments.
Public Comments You may submit your comments and materials concerning the rule by one of the methods listed in ADDRESSES.
Comments must be submitted to http
www.regulations.gov before 11:59 p.m.
Eastern Time on the date specified under Written comments in DATES. We will not consider mailed comments that are not postmarked by the date specified under Written comments in DATES.
Comments previously submitted need not be resubmitted and will be fully considered in our review of the rule.
We will post your entire comment including your personal identifying informationon http
www.regulations.gov. If you provide personal identifying information in your comment, you may request at the top of your document that we withhold this information from public review.
However, we cannot guarantee that we
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will be able to do so. Comments and materials we receive will be available for public inspection on http
www.regulations.gov.
Administrative Procedure Act Our implementation of this action delaying the effective date of the MBTA
rule from February 8, 2021, to March 8, 2021, without opportunity for public comment, effective immediately upon filing for publication in the Federal Register, is based on the good cause exceptions provided in the Administrative Procedure Act. Pursuant to 5 U.S.C. 553bB, we have determined that good cause exists to forgo the requirement to provide prior notice and an opportunity for public comment thereon for this rule as such procedures are unnecessary where the agency lacks discretion to choose an alternative course of action. As discussed above, the change of the effective date to March 8, 2021, is being made to comply with the 60-day effective date delay for major rules provided for in the Congressional Review Act. 5 U.S.C. 801a3. For the same reasons discussed above, USFWS
finds that there is good cause to waive the effective date delay under 5 U.S.C.
553d3 and 5 U.S.C. 8082.
Authority: The authorities for this action are 16 U.S.C. 668ad, 703712, 742ajl, 13611384, 14011407, 15311543, 3371
3378; 18 U.S.C. 42; and 19 U.S.C. 1202.
Shannon A. Estenoz, Senior Advisor to the Secretary, Exercising the Delegated Authority of the Assistant Secretary for Fish and Wildlife and Parks.
FR Doc. 202102667 Filed 2521; 11:15 am BILLING CODE 433315P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 635
Docket No. 180117042888402; RTID
0648XA795

Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; Purse Seine category annual quota adjustment; quota transfer.
AGENCY:

NMFS is adjusting the Atlantic bluefin tuna BFT Purse Seine and Reserve category quotas for 2021, as
SUMMARY:

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it has done annually since 2015. NMFS
also is transferring 26 metric tons mt of BFT quota from the Reserve category to the General category January 2021
subquota period from January 1
through March 31, 2021, or until the available subquota for this period is reached, whichever comes first. The transfer to the General category is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category commercial permitted vessels and Highly Migratory Species HMS
Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT.
DATES: Effective February 8, 2021, through December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, sarah.mclaughlin@
noaa.gov, 9782819260, Nicholas Velseboer, nicholas.velseboer@
noaa.gov, 9786752168, or Larry Redd, Jr., larry.redd@noaa.gov, 3014278503.
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 Atlantic HMS Fishery Management Plan 2006 Consolidated HMS FMP 71 FR
58058, October 2, 2006, and amendments. 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.
Annual Adjustment of the BFT Purse Seine and Reserve Category Quotas The current baseline Purse Seine, General, and Reserve category quotas are codified as 219.5 mt, 555.7 mt, and 29.5 mt, respectively. See 635.27a.
Pursuant to 635.27a4, NMFS has determined the amount of quota available to the Atlantic Tunas Purse Seine category participants in 2021, based on their BFT catch landings and dead discards in 2020. In accordance with the regulations, NMFS makes available to each Purse Seine category
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Federal Register - February 9, 2021

TitoloFederal Register

PaeseStati Uniti

Data09/02/2021

Conteggio pagine169

Numero di edizioni7797

Prima edizione14/03/1936

Ultima edizione17/06/2026

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