Federal Register/Vol. 86, No. 44/Tuesday, March 9, 2021/Rules
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations 13475 The Service’s 2019 revisions to 50 Governments; 59 FR 22951), Executive Great Lakes Regional Office and the CFR 424.12 did not change the language Order 13175 (Consultation and Columbia, Missouri, Ecological Services that allows us to determine that critical Coordination With Indian Tribal Field Office. habitat may not be prudent if ‘‘the Governments), and the Department of List of Subjects in 50 CFR Part 17 species is threatened by taking or other the Interior’s manual at 512 DM 2, we human activity and identification of readily acknowledge our responsibility Endangered and threatened species, critical habitat can be expected to to communicate meaningfully with Exports, Imports, Reporting and increase the degree of such threat to the recognized Federal Tribes on a recordkeeping requirements, species.’’ The Service relied upon this government-to-government basis. In Transportation. language in making the prudency accordance with Secretarial Order 3206 determination for designation of critical of June 5, 1997 (American Indian Tribal Regulation Promulgation habitat for the Missouri DPS of eastern Rights, Federal-Tribal Trust Accordingly, we amend part 17, hellbender. Responsibilities, and the Endangered subchapter B of chapter I, title 50 of the Required Determinations Species Act), we readily acknowledge Code of Federal Regulations, as set forth our responsibilities to work directly below: National Environmental Policy Act with tribes in developing programs for We have determined that healthy ecosystems, to acknowledge that PART 17—ENDANGERED AND environmental assessments and tribal lands are not subject to the same THREATENED WILDLIFE AND PLANTS environmental impact statements, as controls as Federal public lands, to defined under the authority of the remain sensitive to Indian culture, and ■ 1. The authority citation for part 17 National Environmental Policy Act to make information available to tribes. continues to read as follows: We have no records of the Missouri DPS (NEPA; 42 U.S.C. 4321 et seq.), need not Authority: 16 U.S.C. 1361–1407; 1531– be prepared in connection with listing of the eastern hellbender occurring on 1544; and 4201–4245, unless otherwise a species as an endangered or tribal lands. noted. threatened species under the References Cited Endangered Species Act. We published ■ 2. Amend § 17.11(h) by adding an a notice outlining our reasons for this A complete list of references cited in entry for ‘‘Hellbender, eastern [Missouri determination in the Federal Register this final rule is available on the DPS]’’ to the List of Endangered and on October 25, 1983 (48 FR 49244). internet at http://www.regulations.gov Threatened Wildlife in alphabetical and upon request from the Missouri order under Amphibians to read as set Government-to-Government Ecological Services Field Office (see FOR forth below: Relationship With Tribes FURTHER INFORMATION CONTACT). In accordance with the President’s § 17.11 Endangered and threatened wildlife. memorandum of April 29, 1994 Authors (Government-to-Government Relations The primary authors of this final rule * * * * * with Native American Tribal are the staff members of the Service’s (h) * * * Listing citations and Common name Scientific name Where listed Status applicable rules ******* AMPHIBIANS ******* Hellbender, eastern [Missouri DPS] ....... Cryptobranchus alleganiensis Missouri ............. E 86 FR [Insert Federal Register page alleganiensis. where the document begins]; 3/9/ 2021. ******* Martha Williams, DEPARTMENT OF COMMERCE ACTION: Final rule. Principal Deputy Director Exercising the SUMMARY: Delegated Authority of the Director U.S. Fish National Oceanic and Atmospheric The Assistant Administrator and Wildlife Service. Administration for Fisheries, National Oceanic and Atmospheric Administration (NOAA), [FR Doc. 2021–04629 Filed 3–8–21; 8:45 am] 50 CFR Part 300 on behalf of the International Pacific BILLING CODE 4333–15–P Halibut Commission (IPHC), publishes [Docket No. 210303–0037] as regulations the 2021 annual management measures governing the Pacific halibut fishery that have been RIN 0648–BK30 recommended by the IPHC and accepted Pacific Halibut Fisheries; Catch by the Secretary of State. This action is Sharing Plan intended to enhance the conservation of Pacific halibut and further the goals and AGENCY: National Marine Fisheries objectives of the Pacific Fishery Service (NMFS), National Oceanic and Management Council (PFMC) and the Atmospheric Administration (NOAA), North Pacific Fishery Management Commerce. Council (NPFMC). VerDate Sep<11>2014 16:19 Mar 08, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM 09MRR1 khammond on DSKJM1Z7X2PROD with RULES 13476 Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Rules and Regulations DATES: The IPHC’s 2021 annual programs for three fisheries that harvest 85 FR 37024, June 19, 2020). The management measures took effect halibut in Alaska: the subsistence, sport, Secretary of State accepted the annual February 18, 2021. The 2021 and commercial fisheries. The PFMC management measures, including the management measures are effective has exercised this authority by following changes to sections of the until superseded. developing a catch sharing plan 2021 IPHC regulations: ADDRESSES: Additional requests for governing the allocation of halibut and 1. New commercial halibut fishery information regarding this action may management of sport fisheries on the opening and closing dates in Section 9; be obtained by contacting the U.S. West Coast. 2. Minor changes to Section 12 to International Pacific Halibut The IPHC apportions catch limits for ensure the regulatory text of that section Commission, 2320 W. Commodore Way, the Pacific halibut fishery among aligns with the fishing season dates Suite 300, Seattle, WA 98199–1287; or regulatory areas (Figure 1): Area 2A established in Section 9; Sustainable Fisheries Division, NMFS (Oregon, Washington, and California), 3. New halibut catch limits in all Alaska Region, P.O. Box 21668, Juneau, Area 2B (British Columbia), Area 2C regulatory areas. The catch limits are AK 99802; or Sustainable Fisheries (Southeast Alaska), Area 3A (Central presented in two tables in Section 5 that Division, NMFS West Coast Region, Gulf of Alaska), Area 3B (Western Gulf distinguish between limits resulting 1201 NE Lloyd Blvd., Suite 1100, of Alaska), and Area 4 (subdivided into from Commission decisions and those Portland, OR 97232. This final rule also 5 areas, 4A through 4E, in the Bering that are from catch limits that are the is accessible via the internet at the Sea and Aleutian Islands of Western responsibility of the respective United Federal eRulemaking portal at http:// Alaska). States and Canada governments; www.regulations.gov, identified by Subsistence and sport halibut fishery 4. New management measures for docket number NOAA–NMFS–2021– regulations for Alaska are codified at 50 Area 2C and Area 3A guided sport 0017. CFR part 300. Commercial halibut fisheries in Section 29; and fisheries off Alaska are subject to the 5. An addition to regulatory language FOR FURTHER INFORMATION CONTACT: For Individual Fishing Quota (IFQ) Program in Section 22 to clarify that authorized waters off Alaska, Kurt Iverson, 907– and Community Development Quota representatives of the IPHC may sample 586–7210; or, for waters off the U.S. (CDQ) Program (50 CFR part 679) halibut that are being unloaded and West Coast, Kathryn Blair, 503–231– regulations, and the area-specific catch weighed. 6858. sharing plans (CSPs) for Areas 2C, 3A, Pursuant to regulations at 50 CFR SUPPLEMENTARY INFORMATION: and Areas 4C, 4D, and 4E. 300.62, the 2021 IPHC annual The NPFMC implemented a CSP management measures are published in Background among commercial IFQ and CDQ the Federal Register to provide notice of The IPHC has recommended halibut fisheries in IPHC Regulatory their regulatory effectiveness and to regulations that would govern the Areas 4C, 4D, and 4E (Area 4, Western inform persons subject to the Pacific halibut fishery in 2021, pursuant Alaska) through rulemaking, and the regulations of their restrictions and to the Convention between Canada and Secretary of Commerce approved the requirements. Because NMFS publishes the United States for the Preservation of plan on March 20, 1996 (61 FR 11337). the regulations applicable to the entire the Halibut Fishery of the North Pacific The Area 4 CSP regulations were Convention area, these regulations Ocean and Bering Sea (Convention), codified at 50 CFR 300.65, and were include some provisions relating to and signed at Ottawa, Ontario, on March 2, amended on March 17, 1998 (63 FR affecting Canadian fishing and fisheries. 1953, as amended by a Protocol 13000). New annual regulations NMFS may implement more restrictive Amending the Convention (signed at pertaining to the Area 4 CSP also may regulations for the fishery for halibut or Washington, DC, on March 29, 1979). be implemented through IPHC action, components of it; therefore, anglers are As provided by the Northern Pacific subject to acceptance by the Secretary of advised to check the current Federal Halibut Act of 1982 (Halibut Act) at 16 State. and IPHC regulations prior to fishing. U.S.C. 773b, the Secretary of State, with The NPFMC recommended and the concurrence of the Secretary of NMFS implemented through Catch Limits Commerce, may accept or reject, on rulemaking a CSP for guided sport The IPHC recommended to the behalf of the United States, regulations (charter) and commercial IFQ halibut governments of Canada and the United recommended by the IPHC in fisheries in IPHC Regulatory Area 2C States fishery catch limits (FCEY) for accordance with the Convention and Area 3A on January 13, 2014 (78 FR 2021 totaling 30,340,000 lb (17,661.99 (Halibut Act, Sections 773–773k). The 75844, December 12, 2013). The Area 2C mt). Overall, this represents a 10.4 Secretary of State, with the concurrence and 3A CSP regulations are codified at percent increase over catch limits of the Secretary of Commerce, accepted 50 CFR 300.65. The CSP defines an implemented in 2020.