Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska, 48467-48468 [2015-19926]
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Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
the facts related to the criteria.
Conclusive proof of the facts relating to
a criterion shall not be required in order
for the criterion to be considered met.
§ 4.1049
close?
When will the hearing record
(a) The hearing record will close
when the ALJ closes the hearing, unless
he or she directs otherwise.
(b) Except as provided in
§ 4.1045(b)(1), evidence may not be
added after the hearing record is closed,
but the transcript may be corrected
under § 4.1047(b).
§ 4.1050 What are the requirements for
post-hearing briefs?
(a) General. (1) Each party may file a
post-hearing brief within 20 days after
the close of the hearing, unless the ALJ
sets a different deadline.
(2) A party may file a reply brief only
if requested by the ALJ. The deadline for
filing a reply brief, if any, will be set by
the ALJ.
(3) The ALJ may limit the length of
the briefs to be filed under this section.
(b) Content. (1) An initial brief must
include:
(i) A concise statement of the case;
(ii) A separate section containing
proposed findings regarding the issues
of material fact, with supporting
citations to the hearing record;
(iii) Arguments in support of the
party’s position; and
(iv) Any other matter required by the
ALJ.
(2) A reply brief, if requested by the
ALJ, must be limited to any issues
identified by the ALJ.
(c) Form. (1) An exhibit admitted into
evidence or marked for identification in
the record may not be reproduced in the
brief.
(i) Such an exhibit may be
reproduced, within reasonable limits, in
an appendix to the brief.
(ii) Any pertinent analysis of an
exhibit may be included in a brief.
(2) If a brief exceeds 30 pages, it must
contain:
(i) A table of contents and of points
made, with page references; and
(ii) An alphabetical list of citations to
legal authority, with page references.
rmajette on DSK2TPTVN1PROD with RULES
§ 4.1051 What are the requirements for the
ALJ’s recommended decision?
(a) Timing. The ALJ must issue a
recommended decision within 180 days
after issuance of the docketing notice
under § 4.1020(a)(3), unless the ALJ
issues an order finding good cause to
issue the recommended decision at a
later date.
(b) Content. (1) The recommended
decision must contain all of the
following:
VerDate Sep<11>2014
15:41 Aug 12, 2015
Jkt 235001
(i) Recommended findings of fact on
all disputed issues of material fact;
(ii) Recommended conclusions of law:
(A) Necessary to make the findings of
fact (such as rulings on materiality and
on the admissibility of evidence); and
(B) As to whether the applicable
criteria for Federal acknowledgment
have been met; and
(iii) Reasons for the findings and
conclusions.
(2) The ALJ may adopt any of the
findings of fact proposed by one or more
of the parties.
(c) Service. Promptly after issuing a
recommended decision, the ALJ must:
(1) Serve the recommended decision
on each party to the hearing process;
and
(2) Forward the complete hearing
record to the Assistant Secretary—
Indian Affairs, including the
recommended decision.
Dated: August 3, 2015.
Kristen J. Sarri,
Principal Deputy Assistant Secretary for
Policy Management & Budget.
[FR Doc. 2015–19612 Filed 8–12–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 140918791–4999–02]
RIN 0648–XE099
Fisheries of the Economic Exclusive
Zone Off Alaska; Groundfish Fishery
by Non-Rockfish Program Catcher
Vessels Using Trawl Gear in the
Western and Central Regulatory Area
of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
AGENCY:
NMFS is opening directed
fishing for groundfish, other than
pollock, by non-Rockfish Program
catcher vessels using trawl gear in the
Western and Central Regulatory Areas of
the Gulf of Alaska (GOA). This action is
necessary to fully use the 2015
groundfish total allowable catch
available for non-Rockfish Program
catcher vessels directed fishing for
groundfish, other than pollock, using
trawl gear in the Western and Central
Regulatory Areas of the GOA.
SUMMARY:
PO 00000
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48467
Effective 1200 hours, Alaska
local time (A.l.t.), August 10, 2015,
through 2400 hours, A.l.t., December 31,
2015. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., August 25, 2015.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2014–0118, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140118, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS prohibited directed fishing for
groundfish, other than pollock, by nonRockfish Program catcher vessels using
trawl gear in the Western and Central
Regulatory Areas of the GOA, effective
1200 hours, A.l.t., May 3, 2015 (May 6,
2015, 80 FR 25967) under
§ 679.21(i)(7)(i).
DATES:
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48468
Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
On August 10, 2015, NMFS published
an emergency rule (80 FR 47864, August
10, 2015) establishing a Chinook salmon
prohibited species catch (PSC) limit of
1,600 for non-Rockfish Program catcher
vessels directed fishing for groundfish,
other than pollock, using trawl gear in
the Western and Central Regulatory
Areas of the GOA that is available from
August 10, 2015 until December 31,
2015 (§ 679.21(i)(8)). Therefore, in
accordance with § 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
utilize the 2015 groundfish total
allowable catch available for nonRockfish Program catcher vessels
directed fishing for groundfish, other
than pollock, using trawl gear in the
Western and Central Regulatory Areas of
the GOA, NMFS is terminating the
previous closure and is opening
directed fishing for non-Rockfish
Program catcher vessels directed fishing
for groundfish, other than pollock, using
trawl gear in the Western and Central
Regulatory Areas of the GOA.
VerDate Sep<11>2014
15:41 Aug 12, 2015
Jkt 235001
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
such a requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay opening
directed fishing for groundfish, other
than pollock, by non-Rockfish Program
catcher vessels using trawl gear in the
Western and Central Regulatory Areas of
the GOA. NMFS was unable to publish
a notice providing time for public
comment because the most recent,
relevant data only became available as
of August 7, 2015.
The AA also finds good cause to
waive the 30-day delay in the effective
PO 00000
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Fmt 4700
Sfmt 9990
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
groundfish, other than pollock, by nonRockfish Program catcher vessels using
trawl gear in the Western and Central
Regulatory Areas of the GOA to be
harvested in an expedient manner and
in accordance with the regulatory
schedule. Under § 679.25(c)(2),
interested persons are invited to submit
written comments on this action to the
above address until August 25, 2015.
This action is required by §§ 679.20,
679.21, and 679.25 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–19926 Filed 8–10–15; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48467-48468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19926]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 140918791-4999-02]
RIN 0648-XE099
Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish
Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the
Western and Central Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is opening directed fishing for groundfish, other than
pollock, by non-Rockfish Program catcher vessels using trawl gear in
the Western and Central Regulatory Areas of the Gulf of Alaska (GOA).
This action is necessary to fully use the 2015 groundfish total
allowable catch available for non-Rockfish Program catcher vessels
directed fishing for groundfish, other than pollock, using trawl gear
in the Western and Central Regulatory Areas of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 10,
2015, through 2400 hours, A.l.t., December 31, 2015. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
August 25, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2014-0118, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0118, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679.
NMFS prohibited directed fishing for groundfish, other than
pollock, by non-Rockfish Program catcher vessels using trawl gear in
the Western and Central Regulatory Areas of the GOA, effective 1200
hours, A.l.t., May 3, 2015 (May 6, 2015, 80 FR 25967) under Sec.
679.21(i)(7)(i).
[[Page 48468]]
On August 10, 2015, NMFS published an emergency rule (80 FR 47864,
August 10, 2015) establishing a Chinook salmon prohibited species catch
(PSC) limit of 1,600 for non-Rockfish Program catcher vessels directed
fishing for groundfish, other than pollock, using trawl gear in the
Western and Central Regulatory Areas of the GOA that is available from
August 10, 2015 until December 31, 2015 (Sec. 679.21(i)(8)).
Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the 2015 groundfish total
allowable catch available for non-Rockfish Program catcher vessels
directed fishing for groundfish, other than pollock, using trawl gear
in the Western and Central Regulatory Areas of the GOA, NMFS is
terminating the previous closure and is opening directed fishing for
non-Rockfish Program catcher vessels directed fishing for groundfish,
other than pollock, using trawl gear in the Western and Central
Regulatory Areas of the GOA.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) and Sec. 679.25(c)(1)(ii) as such a
requirement is impracticable and contrary to the public interest. This
requirement is impracticable and contrary to the public interest as it
would prevent NMFS from responding to the most recent fisheries data in
a timely fashion and would delay opening directed fishing for
groundfish, other than pollock, by non-Rockfish Program catcher vessels
using trawl gear in the Western and Central Regulatory Areas of the
GOA. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of August 7, 2015.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
Without this inseason adjustment, NMFS could not allow the fishery
for groundfish, other than pollock, by non-Rockfish Program catcher
vessels using trawl gear in the Western and Central Regulatory Areas of
the GOA to be harvested in an expedient manner and in accordance with
the regulatory schedule. Under Sec. 679.25(c)(2), interested persons
are invited to submit written comments on this action to the above
address until August 25, 2015.
This action is required by Sec. Sec. 679.20, 679.21, and 679.25
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 10, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-19926 Filed 8-10-15; 4:15 pm]
BILLING CODE 3510-22-P
