Federal Register - March 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations
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IPHC Regulations These IPHC annual management measures are a product of an agreement between the United States and Canada and are published in the Federal Register to provide notice of their effectiveness and content. Pursuant to Section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce, may accept or reject but not modify these recommendations of the IPHC. These regulations become effective upon that acceptance. The notice-and-comment and delay-in-effectiveness date provisions of the Administrative Procedure Act APA, 5 U.S.C. 553b and d, are inapplicable to IPHC
management measures because these regulations involves a foreign affairs function of the United States, 5 U.S.C.
553a1. As stated above, the Secretary of State has no discretion to modify the recommendations of the IPHC. The additional time necessary to comply with the notice-and-comment and delay-in-effectiveness requirements of the APA would disrupt coordinated international conservation and management of the halibut fishery pursuant to the Convention and the Northern Pacific Halibut Act of 1982.
The publication of these regulations in
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the Federal Register provide the affected public with notice that the IPHC management measures are in effect. Furthermore, no other law requires prior notice and public comment for this rule. Because prior notice and an opportunity for public comment are not required to be provided for these portions of this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this portion of the rule and none has been prepared. This final rule has been determined to be not significant for the purposes of Executive Order 12866.
Authority: 16 U.S.C. 773 et seq.
Dated: March 3, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 635
Docket No. 1911250090; RTID 0648
XA895
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal Sharks and Hammerhead Sharks in the Western Gulf of Mexico Sub-Region;
Closure National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is closing the commercial fishery for the aggregated large coastal sharks LCS and hammerhead shark management groups in the western Gulf of Mexico subregion. This action is necessary because the commercial landings of sharks in the aggregated LCS management group in the western Gulf of Mexico sub-region for the 2021 fishing season have reached 80 percent of the available commercial quota, and the aggregated LCS and hammerhead shark management groups quotas are linked under the regulations.
This closure will affect anyone
SUMMARY:
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Classification
13491