Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation, 50333 [2019-20936]

Download as PDF Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Rules and Regulations of these presentations, we have received many questions regarding implementation of the final rule. Additional time is needed to adequately educate and train staff of the Services and all of the affected Federal agencies on these interagency implementing regulations, which set forth requirements for both the Services and Federal action agencies. We are, therefore, delaying the effective date of the rule published on August 27, 2019, at 84 FR 44976 (see DATES, above) to ensure a smooth transition and allow for additional coordination and training prior to the final rule becoming effective. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 402 [Docket No. FWS–HQ–ES–2018–0009; FXES11140900000–189–FF09E300000; Docket No. 180207140–8140–01; 4500090023] RIN 1018–BC87; 0648–BH41 Endangered and Threatened Wildlife and Plants; Regulations for Interagency Cooperation Administrative Procedure Act U.S. Fish and Wildlife Service, Interior; National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Final rule; delay of effective date. AGENCY: We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ‘‘Services’’ or ‘‘we’’), are delaying the effective date of a rule we published on August 27, 2019. DATES: The effective date of the rule that published at 84 FR 44976, August 27, 2019, is delayed until October 28, 2019. FOR FURTHER INFORMATION CONTACT: Gary Frazer, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240, telephone 202/208–4646; or Samuel D. Rauch, III, National Marine Fisheries Service, Department of Commerce, 1315 East-West Highway, Silver Spring, MD 20910, telephone 301/427–8000. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service at 800/877–8339. SUPPLEMENTARY INFORMATION: On August 27, 2019, we published a final rule to revise portions of our regulations that implement section 7 of the Endangered Species Act of 1973, as amended (‘‘Act’’; 16 U.S.C. 1531 et seq.). The revisions to the regulations clarify, interpret, and implement portions of the Act concerning the interagency cooperation procedures. The rule was to be effective on September 26, 2019. Since the announcement of the final rule, we have conducted numerous informational webinars, meetings, and briefings for internal staff and external audiences, including hundreds of State, Federal, industry, and other conservation partners. During the course jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:54 Sep 24, 2019 Jkt 247001 To the extent that 5 U.S.C. 553 applies to this action, it is exempt from notice and comment because it constitutes a rule of procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 5 U.S.C. 553(b)(B), 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 would be impracticable, unnecessary, and contrary to the public interest. We are temporarily postponing the effective date of the rule (see DATES, above) to allow for additional time to coordinate with our internal staff and external partners. As a result, seeking public comment on this delay is unnecessary and contrary to the public interest. For these same reasons, we find good cause to waive the 30-day delay in effective date provided for in 5 U.S.C. 553(d). Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. Dated: September 20, 2019. Rob Wallace, Assistant Secretary for Fish and Wildlife and Parks, Department of the Interior. Dated: September 20, 2019. Neil Jacobs, Assistant Secretary of Commerce for Environmental Observation and Prediction, performing the duties of Under Secretary of Commerce for Oceans and Atmosphere, Department of Commerce. [FR Doc. 2019–20936 Filed 9–24–19; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 50333 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345–3525–02] RIN 0648–XS013 Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational Accountability Measure and Closure for the South Atlantic Other Jacks Complex National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the recreational sector for the other jacks complex (lesser amberjack, almaco jack, and banded rudderfish) in the South Atlantic for the 2019 fishing year through this temporary rule. NMFS has determined that recreational landings of the other jacks complex has exceeded its recreational annual catch limit (ACL). Therefore, NMFS closes the recreational sector for this complex on September 25, 2019, through the remainder of the 2019 fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources. DATES: This rule is effective 12:01 a.m., local time, September 25, 2019, until 12:01 a.m., local time, January 1, 2020. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes lesser amberjack, almaco jack, and banded rudderfish, and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The recreational ACL for the other jacks complex is 267,799 lb (121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is required to close the recreational sector for the other jacks complex when the recreational ACL has been reached, or is SUMMARY: E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Page 50333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20936]



[[Page 50333]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 402

[Docket No. FWS-HQ-ES-2018-0009; FXES11140900000-189-FF09E300000; 
Docket No. 180207140-8140-01; 4500090023]
RIN 1018-BC87; 0648-BH41


Endangered and Threatened Wildlife and Plants; Regulations for 
Interagency Cooperation

AGENCY: U.S. Fish and Wildlife Service, Interior; National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration, 
Commerce.

ACTION: Final rule; delay of effective date.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (FWS) and the National 
Marine Fisheries Service (NMFS) (collectively referred to as the 
``Services'' or ``we''), are delaying the effective date of a rule we 
published on August 27, 2019.

DATES: The effective date of the rule that published at 84 FR 44976, 
August 27, 2019, is delayed until October 28, 2019.

FOR FURTHER INFORMATION CONTACT: Gary Frazer, U.S. Fish and Wildlife 
Service, Department of the Interior, Washington, DC 20240, telephone 
202/208-4646; or Samuel D. Rauch, III, National Marine Fisheries 
Service, Department of Commerce, 1315 East-West Highway, Silver Spring, 
MD 20910, telephone 301/427-8000. If you use a telecommunications 
device for the deaf (TDD), call the Federal Relay Service at 800/877-
8339.

SUPPLEMENTARY INFORMATION: On August 27, 2019, we published a final 
rule to revise portions of our regulations that implement section 7 of 
the Endangered Species Act of 1973, as amended (``Act''; 16 U.S.C. 1531 
et seq.). The revisions to the regulations clarify, interpret, and 
implement portions of the Act concerning the interagency cooperation 
procedures. The rule was to be effective on September 26, 2019.
    Since the announcement of the final rule, we have conducted 
numerous informational webinars, meetings, and briefings for internal 
staff and external audiences, including hundreds of State, Federal, 
industry, and other conservation partners. During the course of these 
presentations, we have received many questions regarding implementation 
of the final rule. Additional time is needed to adequately educate and 
train staff of the Services and all of the affected Federal agencies on 
these interagency implementing regulations, which set forth 
requirements for both the Services and Federal action agencies. We are, 
therefore, delaying the effective date of the rule published on August 
27, 2019, at 84 FR 44976 (see DATES, above) to ensure a smooth 
transition and allow for additional coordination and training prior to 
the final rule becoming effective.

Administrative Procedure Act

    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 
5 U.S.C. 553(b)(B), 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 would be 
impracticable, unnecessary, and contrary to the public interest. We are 
temporarily postponing the effective date of the rule (see DATES, 
above) to allow for additional time to coordinate with our internal 
staff and external partners. As a result, seeking public comment on 
this delay is unnecessary and contrary to the public interest. For 
these same reasons, we find good cause to waive the 30-day delay in 
effective date provided for in 5 U.S.C. 553(d).

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

    Dated: September 20, 2019.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and Parks, Department of the 
Interior.
    Dated: September 20, 2019.
Neil Jacobs,
Assistant Secretary of Commerce for Environmental Observation and 
Prediction, performing the duties of Under Secretary of Commerce for 
Oceans and Atmosphere, Department of Commerce.
[FR Doc. 2019-20936 Filed 9-24-19; 8:45 am]
 BILLING CODE 4333-15-P

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