Department of Commerce Semiannual Regulatory Agenda, 21887-21914 [E9-10267]

Download as PDF Monday, May 11, 2009 Part IV Department of Commerce Semiannual Regulatory Agenda VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11MYP4.SGM 11MYP4 21888 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DEPARTMENT OF COMMERCE (DOC) Office of the Secretary 13 CFR Ch. III 15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and XI 19 CFR Ch. III 37 CFR Chs. I, IV, and V 48 CFR Ch. 13 50 CFR Chs. II, III, IV, and VI Spring 2009 Semiannual Agenda of Regulations Office of the Secretary, Commerce. AGENCY: ACTION: Semiannual regulatory agenda. SUMMARY: In compliance with Executive Order 12866, entitled ‘‘Regulatory Planning and Review,’’ and the Regulatory Flexibility Act, as amended, the Department of Commerce (Department), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the fall 2008 agenda. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, or issued by the Department. The agenda is intended to facilitate comments and views by interested members of the public. The Department’s spring 2009 regulatory agenda includes regulatory activities that are expected to be conducted during the period April 1, 2009, through March 31, 2010. FOR FURTHER INFORMATION CONTACT: Specific: For additional information about specific regulatory actions listed in the agenda, contact the individual identified as the contact person. General: Comments or inquiries of a general nature about the agenda should be directed to Jennifer K. Nist, Chief Counsel for Regulations, Office of the Assistant General Counsel for Legislation and Regulation, U.S. Department of Commerce, Washington, DC 20230; telephone: 202-482-3151. VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Executive Order 12866 requires agencies to publish an agenda of those regulations that are under consideration pursuant to this order. By memorandum of January 8, 2009, the Office of Management and Budget issued guidelines and procedures for the preparation and publication of the spring 2009 Unified Agenda of Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires agencies to publish, in the spring and fall of each year, a regulatory flexibility agenda that contains a brief description of the subject of any rule likely to have a significant economic impact on a substantial number of small entities. The agenda also identifies those entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. In addition, beginning with the fall 2007 edition, the Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Commerce’s printed agenda entries include only: (1) Rules that are in the Agency’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s Agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entireRegulatory Plan will continue to be printed in the Federal Register, as in past years, including the Department of Commerce’s Regulatory Plan. Within the Department, the Office of the Secretary and various operating units may issue regulations. Operating SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 units, such as the National Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry and Security, and the Patent and Trademark Office issue the greatest share of the Department’s regulations. A large number of regulatory actions reported in the agenda deal with fishery management programs of NOAA’s National Marine Fisheries Service (NMFS). To avoid repetition of programs and definitions, as well as to provide some understanding of the technical and institutional elements of the NMFS programs, an ‘‘Explanation of Information Contained in NMFS Regulatory Entries’’ is provided below. Explanation of Information Contained in NMFS Regulatory Entries The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Act) governs the management of fisheries within the Exclusive Economic Zone (EEZ). The EEZ refers to those waters from the outer edge of the State boundaries, generally 3 nautical miles, to a distance of 200 nautical miles. Fishery Management Plans (FMPs) are to be prepared for fisheries that require conservation and management measures. Regulations implementing these FMPs regulate domestic fishing and foreign fishing where permitted. Foreign fishing may be conducted in a fishery in which there is no FMP only if a preliminary fishery management plan has been issued to govern that foreign fishing. Under the Act, eight Regional Fishery Management Councils (Councils) prepare FMPs or amendments to FMPs for fisheries within their respective areas. In the development of such plans or amendments and their implementing regulations, the Councils are required by law to conduct public hearings on the draft plans and to consider the use of alternative means of regulating. The Council process for developing FMPs and amendments makes it difficult for NMFS to determine the significance and timing of some regulatory actions under consideration by the Councils at the time the semiannual regulatory agenda is published. The Department’s spring 2009 regulatory agenda follows. Michael A. Levitt, Assistant General Counsel for Legislation and Regulation. E:\FR\FM\11MYP4.SGM 11MYP4 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda 21889 DOC International Trade Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 56 Commercial Availability of Fabric and Yarn .................................................................................................................. 0625–AA59 National Oceanic and Atmospheric Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 57 58 59 60 61 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ........................................ Amendment 1 to the Fishery Management Plan for the Tilefish Fishery ..................................................................... Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes ........................................................................ Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .................................. American Lobster Fishery; Fishing Effort Control Measures to Complement Interstate Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission ......................................................................... Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ......................................................................... Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine Resources .................................................................................................................................................................... Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service Permits ............................................................................................................................................................ Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan. .. Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands .......................................................................................................................................................................... Amendment 7 to the South Atlantic Shrimp Fishery Management Plan ...................................................................... Marine Mammal Protection Act Stranding Regulation Revisions ................................................................................. Revise Regulations Governing the North Pacific Groundfish Observer Program ........................................................ Amendment 3 to the Northeast Skate Complex Fishery Management Plan ................................................................ Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery Management Plan; Shallow-Set Longline Swordfish Fishery ............................................................................................. Fisheries in the Western Pacific; Compensation to Northwestern Hawaiian Islands Bottomfish and Lobster Fishermen Due to Fishery Closure in the Papahanaumokuakea Marine National Monument ............................................ Atlantic Highly Migratory Species; Atlantic Shark Management Measures .................................................................. Amendment 4 to the Atlantic Herring Fishery Management Plan ................................................................................ Halibut Charter Vessel Moratorium ............................................................................................................................... Allowable Modifications to the Turtle Excluder Device (TED) Requirements ............................................................... Regulatory Amendment (No. 3) to Correct and Clarify Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery Management Plan .............................................................................................................. Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan ............................................... Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas ............................................. Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico ............................. Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska .............................................. Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations .................................................................................................................................................... U.S. Citizen Definition ................................................................................................................................................... 2009 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan .......................... Reef Fish Amendment 31 To Reduce the Number of Loggerhead Sea Turtles by the Eastern Gulf of Mexico Bottom Longline Fishery ................................................................................................................................................... 2009 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ....................................... Reef Fish Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico: Measure to Establish the Edges Seasonal-Area Closure ........................................................................................... Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act ............................................................................................................................................... Marine Mammal Protection Act Permit Regulation Revisions ...................................................................................... Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ........................................................................................................................................... Harbor Porpoise Take Reduction Plan Measures ........................................................................................................ Rule to Revise Leatherback Critical Habitat ................................................................................................................. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP4.SGM 11MYP4 0648–AR63 0648–AS25 0648–AS49 0648–AS65 0648–AT31 0648–AT58 0648–AV31 0648–AV51 0648–AV76 0648–AW11 0648–AW12 0648–AW15 0648–AW19 0648–AW22 0648–AW24 0648–AW30 0648–AW49 0648–AW52 0648–AW65 0648–AW75 0648–AW92 0648–AW93 0648–AW95 0648–AX05 0648–AX07 0648–AX39 0648–AX42 0648–AX47 0648–AX52 0648–AX57 0648–AX67 0648–AX69 0648–AX73 0648–AV15 0648–AV82 0648–AV94 0648–AW51 0648–AX06 21890 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Final Rule Stage Regulation Identifier Number Sequence Number Title 95 96 97 Revisions to the Scientific Research Activity, Exempted Fishing, and Exempted Educational Activity Regulations .. Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries ..................................................................... Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught By the Non-American Fishing Act Trawl Catcher Processor Sector .............................................................................................................. Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review Procedure .................................................................................................................................................................... American Lobster Data Collection and Broodstock Protection Measures .................................................................... Establish a Permit Fee Collection Framework Under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) ................................................................................................................... Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region .... Amendment 27 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs .............. Amendment 28 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crab ........ Atlantic Highly Migratory Species (HMS); 2009 Atlantic Bluefin Tuna Quota Specifications and Management Measures ..................................................................................................................................................................... Amendment 92 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish and Amendment 82 to the Fishery Management Plan for Gulf of Alaska Groundfish ................................................................................ One-Fish Daily Bag Limit for the Guided Sport Charter Vessel Fishery for Halibut in Regulatory Area 2C ............... Amendment 90 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish and Amendment 78 to the Fishery Management Plan for Gulf of Alaska Groundfish ................................................................................ 2009 Atlantic Bluefish Specifications ............................................................................................................................ Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory .................................................................................. Atlantic Pelagic Longline Take Reduction Plan ............................................................................................................ Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment (DPS) of Guided Smalltooth Sawfish ........................................................................................................................................................................ Rulemaking to Designate Critical Habitat for the Gulf of Maine Distinct Population Segment of Atlantic Salmon ..... Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ........................................................................................................................................... 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 0648–AR78 0648–AS71 0648–AV32 0648–AV53 0648–AV77 0648–AW50 0648–AW64 0648–AW73 0648–AW97 0648–AX12 0648–AX14 0648–AX17 0648–AX25 0648–AX49 0648–AH26 0648–AV65 0648–AV74 0648–AW77 0648–AX04 National Oceanic and Atmospheric Administration—Completed Actions Regulation Identifier Number Sequence Number Title 114 115 Require Mandatory Observer Coverage in the At-Sea Processing Sector of the Whiting Fishery .............................. Bering Sea and Aleutian Islands Amendment 73 and Gulf of Alaska Amendment 77 Groundfish Fishery Management Plans to Revise Management Authority of Dark Rockfish ................................................................................. Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region .... Framework 4 to the Fishery Management Plan for Monkfish ....................................................................................... Amendment 15 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ............................. Approval of Operations Plan for the Georges Bank Fixed Gear Sector for 2007-2008 ............................................... Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific Ocean ............................. Revision to Allowable Bycatch Reduction Devices for the Gulf of Mexico Shrimp Fishery ......................................... Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management Measures for the Northern Mariana Islands ............................................................................................................................................ Guidance for Annual Catch Limits and Accountability Measures to End Overfishing .................................................. Rule to Implement a Minimum Possession Size Limit on Spiny Lobster (Panulirus argus) ........................................ General Provisions for Domestic Fisheries; Specifications for Boarding Ladders ....................................................... Gulf Reef Fish Amendment 30B ................................................................................................................................... Amendment 3 to the Fishery Management Plan for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 4 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. ...................... Amendment 15 to the Pacific Coast Groundfish Fishery Management Plan: Limited Entry Program for the Pacific Whiting Fishery ............................................................................................................................................................ Revise Maximum Retainable Amounts (MRA) of Groundfish in the Gulf of Alaska Arrowtooth Flounder Fishery ..... Revisions to the Pollock Trip Limit Regulations in the Gulf of Alaska ......................................................................... Amendment to the Bottlenose Dolphin Take Reduction Plan ...................................................................................... Referendum Procedures for a Potential Gulf of Mexico Grouper and Tilefish Individual Fishing Quota (IFQ) Program ....................................................................................................................................................................... 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP4.SGM 11MYP4 0648–AK26 0648–AU20 0648–AU28 0648–AU34 0648–AU36 0648–AU61 0648–AU79 0648–AV14 0648–AV28 0648–AV60 0648–AV61 0648–AV78 0648–AV80 0648–AV98 0648–AW08 0648–AW40 0648–AW54 0648–AW68 0648–AW85 21891 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Completed Actions (Continued) Regulation Identifier Number Sequence Number Title 133 134 Interim Action to Reduce Fishing Mortality and Maintain Stock Rebuilding; Northeast Multispecies Fishery ............. Seabird Avoidance Requirements Revisions for Hook-and-Line Vessels in International Pacific Halibut Commission Regulatory Area 4E ................................................................................................................................ Regulatory Amendment to Exempt Dinglebar Fishermen in the Gulf of Alaska from Vessel Monitoring System Requirements ............................................................................................................................................................... 2009 Atlantic Mackerel, Squid, and Butterfish Specifications and Management Measures ........................................ Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Main Hawaiian Islands; 2008-09 Bottomfish Total Allowable Catch ................................................................................................................................ Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures ................................................................................................... 2009 Pacific Halibut Fisheries; Catch Sharing Plan ..................................................................................................... Virginia Modified Pound Net Leader Inspection Program ............................................................................................. Endangered and Threatened Species; Designation of Critical Habitat for Elkhorn and Staghorn Corals ................... 135 136 137 138 139 140 141 0648–AW87 0648–AW94 0648–AX01 0648–AX16 0648–AX22 0648–AX24 0648–AX44 0648–AU98 0648–AV35 Patent and Trademark Office—Long-Term Actions Regulation Identifier Number Sequence Number Title 142 143 Examination of Patent Applications That Include Claims Containing Alternative Language ....................................... Fiscal Year 2009 Revision of Request for Continued Examination, Eighteen-Month Publication, and Other Miscellaneous Cost-Recovery Patent Fees ...................................................................................................................... 0651–AC00 0651–AC29 Patent and Trademark Office—Completed Actions Sequence Number Title Regulation Identifier Number 144 Fiscal Year 2009 Changes to Patent Cooperation Treaty Search Fees ...................................................................... 0651–AC28 Department of Commerce (DOC) International Trade Administration (ITA) 56. COMMERCIAL AVAILABILITY OF FABRIC AND YARN Legal Authority: PL 106–200, sec 112(b)(5)(B); PL 106–200, sec 211; EO 13191; PL 107–210, sec 3103 Abstract: This rule implements certain provisions of the Trade and Development Act of 2000 (the Act). Title I of the Act (the African Growth and Opportunity Act or AGOA), title II of the Act (the United StatesCaribbean Basin Trade Partnership Act or CBTPA), and title XXXI of the Trade Act of 2002 (the Andean Trade Promotion and Drug Eradication Act or ATPDEA) provide for quota- and dutyfree treatment for qualifying apparel products from designated beneficiary countries. AGOA and CBTPA authorize quota- and duty-free treatment for VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Long-Term Actions apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more designated beneficiary countries from yarn or fabric that is not formed in the United States or a beneficiary country, provided it has been determined that such yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner. The President has delegated to the Committee for the Implementation of Textile Agreements (the Committee), which is chaired by Commerce, the authority to determine whether yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the ATPDEA, and the CBTPA, and has authorized the Committee to extend quota- and duty-free treatment PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 to apparel of such yarn or fabric. The rule provides the procedure for interested parties to submit a request alleging that a yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner, the procedure for public comments, and relevant factors that will be considered in the Committee’s determination. The rule also outlines the factors to be considered by the Committee in extending quota- and duty-free treatment. Timetable: Action Date NPRM To Be Determined FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Janet Heinzen E:\FR\FM\11MYP4.SGM 11MYP4 21892 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—ITA Long-Term Actions Phone: 202 482–4006 Email: janetlheinzen@ita.doc.gov RIN: 0625–AA59 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) Proposed Rule Stage NATIONAL MARINE FISHERIES SERVICE salmon and groundfish fishery management plans (FMPs). Timetable: 57. MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE–BASED PACIFIC WHITING FISHERY Action NPRM NPRM Comment Period End Legal Authority: 16 USC 1801 et seq Abstract: The Pacific Fishery Management Council (Pacific Council) at their October 21-25, 1996, meeting in San Francisco, California addressed the treatment and disposition of salmon in the groundfish trawl fisheries, specifically the shore-based whiting fishery. At that meeting, the Pacific Council discussed the retention of salmon in the shore-based whiting fishery and took action to maintain a viable shore-based whiting fishery by using exempted fishing permits (EFPs). These EFPs allowed the shore-based whiting fleet to temporarily deliver unsorted catch to processing plants and provided for the monitoring of incidentally taken salmon until a permanent monitoring program could be implemented. In keeping with the Pacific Council’s recommendation, NMFS is proceeding with implementing a monitoring program for the shore-based whiting fishery. This action will aid in the sustainable management of Pacific Coast salmon and groundfish fisheries while providing an important economic opportunity to those associated with the harvest, processing, and selling of whiting taken by the shore-based whiting fleet. The need for implementing a permanent monitoring program in the shore-based Pacific whiting fishery is to provide for a full retention fishery by enabling the shorebased whiting fleet, comprised exclusively of catcher vessels, to deliver unsorted catch to processing plants. This practice is necessary to ensure that whiting landings are of market quality, while abiding by Federal groundfish regulations and those implementing the Pacific Coast VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Date FR Cite 05/00/09 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Thom Barry, Regional Administrator, Northwest Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115–0070 Phone: 206 526–6150 Fax: 206 526–6426 RIN: 0648–AR63 58. AMENDMENT 1 TO THE FISHERY MANAGEMENT PLAN FOR THE TILEFISH FISHERY Legal Authority: 16 USC 1801 et seq Abstract: Amendment 1 to the Fishery Management Plan for the Tilefish Fishery would implement Individual Fishing Quotas in the tilefish fishery. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AS25 59. ATLANTIC HIGHLY MIGRATORY SPECIES (HMS); REDUCING SEA TURTLE TAKES Legal Authority: 16 USC 971; 16 USC 1801 et seq PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 Abstract: This action would amend the regulations governing the Atlantic pelagic longline fishery based upon a June 1, 2004, Biological Opinion regarding Atlantic sea turtles. This amendment could include framework mechanisms that would allow the Agency to take action, such as partial or rolling closures or gear or effort restrictions, if the number of sea turtle interactions or mortalities exceed anticipated levels during a certain period of time. This action would not change established quotas for target species. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End FR Cite 08/12/04 69 FR 49858 10/12/04 05/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 RIN: 0648–AS49 60. FISHERY MANAGEMENT PLAN FOR REGULATING OFFSHORE MARINE AQUACULTURE IN THE GULF OF MEXICO Legal Authority: 16 USC 1801 et seq Abstract: The purpose of the amendment is to develop a regulatory permitting process for regulating and promoting environmentally sound and economically sustainable aquaculture in the Gulf Exclusive Economic Zone. Management actions include: (1) Types of aquaculture permits required; (2) duration aquaculture permits are effective; (3) conditions for permit issuance; (4) species allowed for aquaculture; (5) allowable aquaculture E:\FR\FM\11MYP4.SGM 11MYP4 21893 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage systems; (6) siting requirements and conditions; (7) restricted access zones for aquaculture facilities; (8) recordkeeping and reporting requirements; and (9) biological reference points and status determination criteria; and (10) framework procedures for modifying status determination criteria and regulatory measures. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AS65 05/00/09 06/00/09 Legal Authority: 16 USC 5101 et seq Abstract: The National Marine Fisheries Service announces that it is considering, and seeking public comment on, revisions to Federal American Lobster regulations for the Exclusive Economic Zone (EEZ) associated with effort control measures as recommended for Federal implementation by the Atlantic States Marine Fisheries Commission (ASFMC) as outlined in the Interstate Fishery Management Plan (ISFMP) for American Lobster. This action will evaluate effort control measures in certain Lobster Conservation Management Areas including: Limits on future access based on historic participation criteria; procedures to allow trap transfers among qualifiers and impose a trap reduction or conservation tax on any trap transfers; and a trap reduction schedule to meet the goals of the ISFMP. 07:56 May 08, 2009 Jkt 217001 Timetable: Action 62. AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: This action would implement a rebuilding program for butterfish. Timetable: Action 61. AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION VerDate Nov<24>2008 FR Cite 05/10/05 70 FR 24495 06/09/05 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AT31 Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Date NPRM NPRM Comment Period End FR Cite 06/00/09 07/00/09 63. SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT Legal Authority: 16 USC 1801 et seq Abstract: The purpose of this action is to develop an ecosystem-based approach to resource management. The South Atlantic Council plans to develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which would modify all its Fishery Management Plans (FMPs). The initial amendment would include the following actions: (1) various actions to comply with new essential fish habitat requirements; (2) establishment of deep Frm 00007 Fmt 1254 Sfmt 1254 Date NPRM NPRM Comment Period End FR Cite 05/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AV31 64. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN IUU FISHING OR BYCATCH OF PROTECTED LIVING MARINE RESOURCES Legal Authority: 16 USC 1801 et seq; 16 USC 1826d to 1826k Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AT58 PO 00000 water coral Habitat Areas of Particular Concern, with possible gear limitations, such as the establishment of allowable trawl areas; and (3) other possible actions necessary to implement ecosystem-based fishery management. Abstract: The National Marine Fisheries Service is establishing a process of identification and certification to address illegal, unreported, or unregulated (IUU) activities and bycatch of protected species in international fisheries. Nations whose fishing vessels engage, or have been engaged, in IUU fishing or bycatch of protected living marine resources would be identified in a biennial report to Congress, as required under Section 403 of the MagnusonStevens Fishery Conservation and Management Reauthorization Act (MSRA) of 2006. NMFS would subsequently certify whether identified nations have taken appropriate corrective action with respect to the activities of its fishing vessels, as required under Section 403 of MSRA. Timetable: Action Date ANPRM NPRM NPRM Comment Period End Final Action E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 06/11/07 72 FR 32052 01/14/09 74 FR 2019 05/14/09 11/00/09 21894 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage Regulatory Flexibility Analysis Required: Yes Agency Contact: Christopher Rogers, Division Chief, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–9090 Email: christopher.rogers@noaa.gov amend existing agency permit regulations and contain all appropriate modified and new collections-ofinformation pursuant to the Paperwork Reduction Act. Timetable: Action Date NPRM FR Cite 11/00/09 RIN: 0648–AV51 Regulatory Flexibility Analysis Required: Yes 65. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 16 USC 1531 et seq Abstract: In conformance with the Debt Collection Improvement Act of 1996 (Debt Collection Act), the National Marine Fisheries Service (NMFS) will issue a rule to require that each existing holder of and future applicant for a permit, license, endorsement, authorization, transfer or like instrument issued by the agency to provide a Taxpayer Identification Number (TIN) (business’ employer identification number or individual’s social security number) and Date of Incorporation or Date of Birth, as appropriate. Under the Debt Collection Act, NMFS is required to collect the TIN to report on and collect any delinquent non-tax debt owed to the Federal Government. NMFS plans to use Date of Incorporation or Date of Birth information for administrative aspects of permitting procedures with appropriate confidentiality safeguards pursuant to the Privacy Act. The rule will specify (a) the particular uses that may be made of the reported TIN, (b) the effects, if any, of not providing the required information, (c) how the information will be used to ascertain if the permit holder or applicant owes delinquent non-tax debt to the Government pursuant to the Debt Collection Act, (d) the effects on the permit holder or applicant when such delinquent debts are owed, and (e) the agency’s intended communications with the permit holder or applicant regarding the relationship of such delinquent debts to its permitting process and the need to resolve such debts as a basis for completing permit issuance or renewal. The rule will VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 RIN: 0648–AV76 67. AMENDMENT 15B TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: Amendment 15B would assess the practicability of prohibiting the sale of recreationally caught fish; assess the practicability of changes to the renewal period on commercial snapper grouper permits; assess the practicability of allowing one-to-one transfer of commercial permits from an individual to a family-held corporation; implement a plan to monitor and assess bycatch; implement measures to minimize the impacts of incidental take on sea turtles and smalltooth sawfish; update management reference points for golden tilefish; and define allocation for snowy grouper and black sea bass. Timetable: 66. AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN. Action Legal Authority: 16 USC 1801 Regulatory Flexibility Analysis Required: Yes Abstract: Amendment 17 is intended to: establish management reference points (MSY, OY) for red snapper; establish a rebuilding plan (rebuilding timeframe and rebuilding strategy) for red snapper; specify Annual Catch Limits (ACL), Annual Catch Targets (ACT), and Accountability Measures (AM) for 10 species undergoing overfishing; and modify management measures to ensure future catch is equal to or below the ACL. Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov Timetable: 68. AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN CONCH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS Action Date NPRM NPRM Comment Period End FR Cite 10/00/09 12/00/09 Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 FR Cite 05/00/09 06/00/09 RIN: 0648–AW12 Legal Authority: 16 USC 1801 Regulatory Flexibility Analysis Required: Yes RIN: 0648–AW11 Date NPRM NPRM Comment Period End Abstract: St. Croix queen conch landings by commercial fishermen alone have exceeded sustainable harvest levels since the 2000-2001 fishing season. In 2005-2006, the commercial harvest was over four times sustainable levels. Additionally, there is an unknown but significant recreational harvest. Overfishing of queen conch has led to resource collapse in other regions and in some cases, long-term resource loss. According to the NMFS Report on the Status of the U.S. Fisheries for 2006, queen conch is overfished and E:\FR\FM\11MYP4.SGM 11MYP4 21895 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage undergoing overfishing. Under current fishing practices, reductions in mortality are not expected to be sufficient in the queen conch fishery. Without a reduction in mortality, queen conch are not expected to achieve the rebuilding goals established in the Sustainable Fisheries Amendment of 2005. Therefore, a change in fishing practices is needed to help achieve the necessary reductions in queen conch fishing mortality. Timetable: Action Date Notice of Intent NPRM FR Cite 10/11/07 72 FR 58057 10/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW15 69. AMENDMENT 7 TO THE SOUTH ATLANTIC SHRIMP FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The South Atlantic Fishery Management Council is proposing to take action to maintain a viable rock shrimp fishery in the South Atlantic region. Actions in the amendment would: 1) Remove the 15,000-pound landing requirement; 2) reinstate all endorsements lost due to not meeting the landing requirement in one of four consecutive calendar years; 3) reinstate limited access endorsements for vessel owners who renewed their open access permit in the year in which they failed to renew their limited access endorsement; 4) rename the limited access endorsement and the open access permit of the existing permit system to reduce confusion; and 5) require all South Atlantic shrimp permit holders to provide economic data if selected. Timetable: Action Date NPRM 05/00/09 FR Cite Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW19 70. MARINE MAMMAL PROTECTION ACT STRANDING REGULATION REVISIONS Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421 Abstract: The National Marine Fisheries Service (NMFS) is considering proposing changes to its implementing regulations (50 CFR section 216) governing the taking of stranded marine mammals under section 109(h), section 112(c), and title IV of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends clarify the requirements and procedures for responding to stranded marine mammals and for determining the disposition of rehabilitated marine mammals, which includes the procedures for the placement of nonreleasable animals and for authorizing the retention of releasable rehabilitated marine mammals for scientific research, enhancement, or public display. This action will be analyzed under the National Environmental Policy Act with an Environmental Assessment. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 01/31/08 73 FR 5786 03/31/08 10/00/09 71. REVISE REGULATIONS GOVERNING THE NORTH PACIFIC GROUNDFISH OBSERVER PROGRAM Legal Authority: 118 Stat 110; 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et seq; PL 108–199 Abstract: This rulemaking would revise Federal regulations relevant to numerous administrative and procedural requirements applicable to observer providers, observers, and industry participating in the North Pacific Groundfish Observer Program. Specifically, this action would: modify the current permit issuance process so that observer and observer provider permit issuance is a discretionary National Marine Fisheries Service (NMFS) decision; amend current Federal regulations addressing observer behavior involving drugs, alcohol, and physical sexual conduct to remove NMFS oversight of observer behavior that does not affect job performance; require that observer providers submit policies related to these activities and continue to notify NMFS upon learning of an incident; revise Federal regulations so that observer providers are allowed to provide observers or technical staff for purposes of exempted fishing permits, scientific research permits, or other scientific research activities; revise the definition of ‘‘fishing day’’ in Federal regulations; require observer providers to annually submit detailed economic information to NMFS; specify a date by which observers who have collected data in the previous fishing year would be required to be available for debriefing; and implement housekeeping issues related to errors or clarifications in existing regulations at 50 CFR 679.50. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 04/00/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Regulatory Flexibility Analysis Required: Yes Agency Contact: David Cottingham, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Email: david.cottingham@noaa.gov Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AW22 RIN: 0648–AW24 PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 E:\FR\FM\11MYP4.SGM 11MYP4 21896 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage Action Legal Authority: 16 USC 1801 Abstract: Amendment 3 is intended to address the overfished status of winter, thorny, and smooth skates, and end overfishing of thorny skates. It will establish a rebuilding program for winter and smooth skates, and modify the Skate FMP to reduce fishing mortality on the entire skate complex. Additionally, Amendment 3 will implement annual catch limits and accountability measures, consistent with the requirements of the reauthorized Magnuson-Stevens Act. Date NPRM NPRM Comment Period End Final Action FR Cite 03/20/09 74 FR 11518 05/18/09 07/00/09 Action Date NPRM NPRM Comment Period End Date NPRM NPRM Comment Period End Final Action FR Cite 04/07/09 74 FR 15685 05/04/09 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 RIN: 0648–AW52 FR Cite 10/00/09 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AW30 73. FISHERIES IN THE WESTERN PACIFIC; WESTERN PACIFIC PELAGIC FISHERIES; AMENDMENT 18 TO THE PELAGICS FISHERY MANAGEMENT PLAN; SHALLOW–SET LONGLINE SWORDFISH FISHERY Legal Authority: 16 USC 1801 Abstract: Amendment 18 would remove the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic longline fishery. The amendment would also revise the current maximum limit on the number of physical interactions that occur annually between loggerhead sea turtles and vessels registered for use under Hawaii longline limited access permits while shallow-setting. Other measures currently applicable to the fishery would remain unchanged. Amendment 18 is intended to increase opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the continued existence of sea turtles and other protected resources. 07:56 May 08, 2009 Action Regulatory Flexibility Analysis Required: Yes RIN: 0648–AW49 Timetable: VerDate Nov<24>2008 Timetable: Timetable: 72. AMENDMENT 3 TO THE NORTHEAST SKATE COMPLEX FISHERY MANAGEMENT PLAN Jkt 217001 74. FISHERIES IN THE WESTERN PACIFIC; COMPENSATION TO NORTHWESTERN HAWAIIAN ISLANDS BOTTOMFISH AND LOBSTER FISHERMEN DUE TO FISHERY CLOSURE IN THE PAPAHANAUMOKUAKEA MARINE NATIONAL MONUMENT Legal Authority: PL 110–161 Abstract: The Consolidated Appropriations Act of 2008 authorizes the Secretary of Commerce to provide compensation to bottomfish and lobster fishery participants who will be displaced by the 2011 fishery closure resulting from the establishment by Presidential Proclamation of the Papahanaumokuakea Marine National Monument, Northwestern Hawaiian Islands. The National Marine Fisheries Service (NMFS) (designee of the Secretary) is required to promulgate regulations to implement a voluntary capacity reduction program that: (1) identifies eligible participants as those individuals holding Federal fishing permits for lobster or bottomfish in the designated waters within the monument; (2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits; and (3) at the option of each eligible permit holder, provides an optional mechanism for additional compensation based on the value of the fishing vessel and gear of eligible participants who decide to receive these additional funds, provided that the vessels of such participants will not be used for fishing. For this purpose, $6,697,500 is authorized to be appropriated to the NMFS for FY 2008. PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 75. ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT MEASURES Legal Authority: 16 USC 1801 et seq Abstract: This rule would evaluate the management measures for small coastal sharks (SCS) based on the results of the 2007 SCS stock assessment. This rulemaking could consider, among other things, commercial quotas and trip limits, recreational minimum size and bag limits, time/area closures, and the public display quota. In addition, this rule would implement a rebuilding plan for blacknose sharks. To the extent that blacknose sharks are caught in fisheries that are not targeted highly migratory species fisheries, the National Marine Fisheries Service (NMFS) will work with the appropriate Regional Fishery Management Council, Interstate Commission, and States to implement regulations through their processes to rebuild blacknose sharks. This action is necessary in light of recent stock assessments, which have determined that blacknose sharks are overfished with overfishing occurring. As needed, this rule may include others items to clarify existing regulations. Timetable: Action Date Notice of Intent Notice of Scoping Meetings and Extension of Comment Period Notice of Intent Comment Period End E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 05/07/08 73 FR 25665 07/02/08 73 FR 37932 08/05/08 21897 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Action Proposed Rule Stage Date Notice of Intent Comment Period Extended—Second Extension Notice of Intent Comment Period Extension End Second Extension Comment Period End NPRM NPRM Comment Period End FR Cite 10/29/08 73 FR 64307 Action 10/31/08 11/14/08 10/00/09 11/00/09 76. AMENDMENT 4 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The goal of Amendment 4 is to improve catch monitoring and ensure compliance with the Reauthorized Magnuson-Stevens Fishery Conservation and Management Act (MSRA). The management measures developed in this amendment may address one or more of the following objectives: (1) to implement measures to improve the long-term monitoring of catch (landings and bycatch) in the herring fishery; (2) to implement annual catch limits and accountability measures consistent with the MSRA; (3)to implement other management measures as necessary to ensure compliance with the new provisions of the MSRA; (4) to develop a sector allocation process or other limited access privilege program for the herring fishery; and (5) in the context of objectives 1-4 (above), to consider the health of the herring resource and the important role of herring as a forage fish and a predator fish throughout its range. The New England Fishery Management Council will develop conservation and management measures to address the issues identified above and meet the goals/objectives of the amendment. Any conservation and management 07:56 May 08, 2009 Date NOI To Prepare an EIS NPRM Regulatory Flexibility Analysis Required: Yes Agency Contact: Margo Schulze–Haugen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–0234 Email: margo.schulze-haugen@noaa.gov RIN: 0648–AW65 VerDate Nov<24>2008 measures developed in this amendment also must comply with all applicable laws. Timetable: Jkt 217001 FR Cite 05/08/08 73 FR 26082 10/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AW75 77. HALIBUT CHARTER VESSEL MORATORIUM Legal Authority: 16 USC 773–773k Abstract: This action would implement a moratorium on the entry of additional charter vessels into the guided sport fishery for Pacific halibut in waters of International Pacific Halibut Commission regulatory areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). If approved, this moratorium would limit the number of charter vessels that may participate in the guided sport fishery for halibut in these areas. NMFS would issue a moratorium permit to a licensed charter vessel fishing business owner based on his or her past participation in the charter vessel fishery for halibut and to a Community Quota Entity representing specific rural communities. All moratorium permit holders would be subject to limits on the number of permits they could hold and on the number of charter vessel anglers who could catch and retain halibut on the permitted charter vessel. This action is proposed to achieve the halibut fishery management goals of the North Pacific Fishery Management Council. The intended effect is to curtail growth of fishing capacity in the guided sport fishery for halibut. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 04/21/09 74 FR 18178 06/05/09 10/00/09 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00011 Fmt 1254 Sfmt 1254 Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AW92 78. ALLOWABLE MODIFICATIONS TO THE TURTLE EXCLUDER DEVICE (TED) REQUIREMENTS Legal Authority: 16 USC 1531 et seq Abstract: NMFS proposes to revise the TED requirements to allow new materials and modifications to existing approved TED designs. Specifically, proposed allowable modifications include the use of flat bar, box pipe, and oval pipe for use in currently approved TED grids; an increase in mesh size on escape flaps from 1-5/8 inches to 2 inches; the use of the Boone single straight cut and triangular escape openings; specifications on the use of TED grid brace bars; and the use of the Chauvin Shrimp Kicker to improve shrimp retention. Timetable: Action Date NPRM FR Cite 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael Barnette, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 551–5794 RIN: 0648–AW93 79. REGULATORY AMENDMENT (NO. 3) TO CORRECT AND CLARIFY AMENDMENT 13 AND SUBSEQUENT FRAMEWORKS OF THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: This action would make corrections and clarifications to the final rule implementing Amendment 13 to the Northeast Multispecies Fishery Management Plan, as well as subsequent groundfish actions. These corrections are administrative in nature and are intended to correct inaccurate references and other inadvertent errors and to clarify specific regulations to E:\FR\FM\11MYP4.SGM 11MYP4 21898 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage maintain consistency with the intent of Amendment 13 and subsequent actions. Timetable: Action Date NPRM 10/00/09 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AW95 80. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Timetable: Date Notice of Intent NPRM FR Cite 08/11/08 73 FR 46590 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AX05 81. ATLANTIC HIGHLY MIGRATORY SPECIES; 2009 NORTH AND SOUTH ATLANTIC COMMERCIAL QUOTAS Legal Authority: 16 USC 1801 et seq VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Timetable: Action Abstract: Amendment 11 may consider: (1) limited access in the Atlantic mackerel (mackerel) fishery; (2) implementation of annual catch limits (ACLs) and accountability measures (AMs) for mackerel and butterfish required under the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA); (3) updating of the description and identification of essential fish habitat (EFH) for all life stages of mackerel, Loligo squid, Illex squid, and butterfish (including gear impacts on Loligo squid egg EFH); and (4) possible limitations on at-sea processing of mackerel. Action Abstract: This rule would establish the 2009 fishing season quotas for North and South Atlantic swordfish based on recent updated landings information and recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This rule is necessary to ensure that current swordfish quotas account for underharvests and reserve transfer from the 2008 fishing year, consistent with regulations at 50 CFR part 635 and ICCAT recommendations that establish the U.S. North and South Atlantic swordfish allocations. This rule will also include other minor regulatory clarifications, eliminate an existing sunset provision in the Madison-Swanson and Steamboat Lumps time/area closure, and establish a small time/area closure in the Gulf of Mexico. Date NPRM FR Cite 04/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Margo Schulze–Haugen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–0234 Email: margo.schulze-haugen@noaa.gov RIN: 0648–AX07 82. ∑ AMENDMENT 29 TO THE FISHERY MANAGEMENT PLAN FOR REEF FISH RESOURCES OF THE GULF OF MEXICO Legal Authority: 16 USC 1801 Abstract: Grouper and tilefish species in the Gulf of Mexico are managed under the reef fish fishery management plan. Past management practices under the plan have contributed to overcapitalization in these fisheries, which the Council now seeks to address. The amendment creates an IFQ program to further control effort in the commercial grouper and tilefish fisheries in the Gulf of Mexico. The IFQ program was supported by over 80% of all eligible fishermen voting in a referendum for the IFQ program. The proposed rule would implement the IFQ program, establish design elements for the program, and allow consolidation of commercial permit PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 landings history through permit stacking. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 04/00/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AX39 83. ∑ AMENDMENT 85 TO THE FISHERY MANAGEMENT PLAN FOR GROUNDFISH OF THE GULF OF ALASKA Legal Authority: 16 USC 1801; 16 USC 3631; 16 USC 773; PL 108–199; PL 109–479 Abstract: Amendment 85 to the FMP would remove a provision that restricts participation of Central Gulf of Alaska Rockfish Program catcher processors (CPs) in Bering Sea and Aleutian Islands (BSAI) groundfish fisheries. The participation restriction was developed to prevent rockfish program CPs from unfairly benefiting from their rockfish harvesting privileges by increasing effort in BSAI fisheries that remained subject to a race for fish. Since the implementation of the rockfish program, most BSAI groundfish target species have been allocated among participating sectors, and most CPs in the rockfish program received exclusive privileges for harvesting these BSAI species. Consequently, the July stand down may no longer be required as a protection measure for other BSAI participants and its removal would enable the rockfish program CPs to more efficiently manage their harvesting activities. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law. Timetable: Action Date Notice of Availabilty NPRM E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 03/24/09 74 FR 12300 04/06/09 74 FR 15420 21899 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Action Proposed Rule Stage Date NPRM Comment Period End Notice of Availability Comment Period End Final Action Abstract: The current definition of ‘‘U.S. Citizen’’ at 50 CFR section 679.2 is critical for permits and licenses, some of which are intended to be issued only to, and held only by, persons who are U.S. citizens. The current definition for general applicability refers only to individual persons and lacks reference to nonindividuals, such as corporations, partnerships, or associations. For consistency and to avoid confusion among permit applicants, NMFS proposes to revise the definition of U.S. Citizen. Timetable: FR Cite 05/21/09 05/26/09 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX42 Action 84. ∑ AMENDMENT 30 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA AND ALEUTIAN ISLANDS KING AND TANNER CRABS ARBITRATION REGULATIONS Legal Authority: 16 USC 1862; PL 109–241; PL 109–479 Abstract: The proposed action would implement Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs to make minor modifications to the arbitration system used to settle price and other disputes among harvesters and processors in the Bering Sea/Aleutian Islands crab rationalization program Timetable: Action Date NPRM NOA for PR NOA Public Comment Period End PR Comment Period End Final Rule FR Cite 04/00/09 04/00/09 06/00/09 06/00/09 08/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX47 85. ∑ U.S. CITIZEN DEFINITION Legal Authority: 16 USC 1801 et seq VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 04/00/09 05/00/09 06/00/09 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX52 86. ∑ 2009 SPECIFICATIONS AND MANAGEMENT MEASURES FOR THE SPINY DOGFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: This action would set the 2009 fishing year annual quota and possession limit for the spiny dogfish fishery on the Atlantic coast of the U.S. consistent with the rebuilding program in the Spiny Dogfish Fishery Management Plan (FMP). The quota is divided semi-annually, with quota period 1 (May 1 through October 31) being allocated 57.9% of the annual quota, and quota period 2 (November 1 through April 30) being allocated 42.1%. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 03/19/09 74 FR 11706 04/03/09 07/00/09 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 Agency Contact: Jamie Goen, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE, Seattle, WA 98115 Phone: 206 526–4646 Email: jamie.goen@noaa.gov RIN: 0648–AX57 87. ∑ REEF FISH AMENDMENT 31 TO REDUCE THE NUMBER OF LOGGERHEAD SEA TURTLES BY THE EASTERN GULF OF MEXICO BOTTOM LONGLINE FISHERY Legal Authority: 16 USC 1801 Abstract: In September 2008, NOAA’s National Marine Fisheries (NMFS) released a report based on observer data that indicated the total number of loggerhead sea turtle takes by the eastern Gulf of Mexico reef fish bottom longline fishery was much greater than that authorized in the most recent biological opinion. In response, the Gulf of Mexico Fishery Management Council (Council) requested NMFS take emergency action to reduce the number of takes by the fishery during the short term while the Council develops longterm measures in Amendment 31. Measures being considered include: 1) modifying baits; 2) area, season, and depth restrictions; 3) reducing effort through a longline endorsement program; and 4) using observers or electronic monitoring to close the fishery once a sea turtle take threshold has been met. Timetable: Action Date NPRM FR Cite 04/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AX67 88. ∑ 2009 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES Legal Authority: 16 USC 1801 et seq E:\FR\FM\11MYP4.SGM 11MYP4 21900 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage Abstract: This rulemaking will propose and implement recreational management measures for the summer flounder, scup, and black sea bass 2009 recreational fisheries. The final rule will contain implementing regulations that specify the minimum fish size, possession limit, and fishing season for the three species. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 04/01/09 74 FR 14760 05/01/09 07/00/09 Action Date NPRM Comment Period End Final Action FR Cite 05/04/09 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov Regulatory Flexibility Analysis Required: Yes RIN: 0648–AX73 Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 90. PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT RIN: 0648–AX69 89. ∑ REEF FISH AMENDMENT 30B TO THE FISHERY MANAGEMENT PLAN FOR THE REEF FISH RESOURCES OF THE GULF OF MEXICO: MEASURE TO ESTABLISH THE EDGES SEASONAL–AREA CLOSURE Legal Authority: 16 USC 1801 Abstract: A proposed rule for Amendment 30B was published on November 18, 2009 (73 FR 68390). Unfortunately, the proposed rule was in error relative to the time period ‘‘The Edges’’ seasonal-area closure would be closed to fishing. Rather than a 4month closure, as supported by Amendment 30B and correctly stated in the proposed rule’s preamble, the codified text would have established a year-round closure. However, other actions in the final rule for Amendment 30B need to be implemented soon so that states can enact similar regulations for state waters. Therefore, measures to establish ‘‘The Edges’’ seasonal-area closure from January 1 through April 30 consistent with the intent of Amendment 30B have been removed from the final rule associated with RIN 0648-AV80 and will be developed through a second rulemaking. Timetable: Action NPRM VerDate Nov<24>2008 Date FR Cite 04/17/09 74 FR 17812 07:56 May 08, 2009 Jkt 217001 Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543 Abstract: The National Marine Fisheries Service (NMFS) is considering whether to propose regulations to protect killer whales (Orcinus orca) in the Pacific Northwest. The Southern Resident killer whale distinct population segment (DPS) was listed as endangered under the Endangered Species Act (ESA) on November 18, 2005 (70 FR 69903). In the final rule announcing the listing, NMFS identified vessel effects, including direct interference and sound, as a potential contributing factor in the recent decline of this population. Both the Marine Mammal Protection Act (MMPA) and the ESA prohibit take, including harassment, of killer whales, but these statutes do not prohibit specified acts. NMFS is now considering whether to propose regulations that would prohibit certain acts, under our general authorities under the ESA and MMPA and their implementing regulations. The Proposed Recovery Plan for Southern Resident killer whales (71 FR 69101; November 29, 2006) includes as a management action the evaluation of current guidelines and the need for regulations and/or protected areas. The scope of this ANPR encompasses the activities of any person or conveyance that may result in the unauthorized taking of killer whales and/or that may cause detrimental individual-level and population-level impacts. NMFS PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 requests comments on whether—and if so, what type of—conservation measures, regulations, and, if necessary, other measures would be appropriate to protect killer whales from the effects of these activities. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 03/22/07 72 FR 13464 06/20/07 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: James H. Lecky, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2332 Fax: 301 427–2520 Email: jim.lecky@noaa.gov RIN: 0648–AV15 91. MARINE MAMMAL PROTECTION ACT PERMIT REGULATION REVISIONS Legal Authority: 16 USC 1374 Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR part 216) governing the issuance of permits for scientific research and enhancement activities under section 104 of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends to streamline and clarify general permitting requirements and requirements for scientific research and enhancement permits, simplify procedures for transferring marine mammal parts, possibly apply the General Authorization (GA) to research activities involving Level A harassment of non-endangered marine mammals, and implement a ‘‘permit application cycle’’ for application submission and processing of all marine mammal permits. NMFS intends to write regulations for marine mammal photography permits and is considering whether this activity should be covered by the GA. Timetable: Action Date ANPRM E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 09/13/07 72 FR 52339 21901 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Action Proposed Rule Stage Date ANPRM Comment Period Extended ANPRM Comment Period End ANPRM Comment Period Extended End NPRM FR Cite 10/15/07 72 FR 58279 11/13/07 12/13/07 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 RIN: 0648–AV82 92. RULEMAKING TO ESTABLISH TAKE PROHIBITIONS FOR THE THREATENED SOUTHERN DISTINCT POPULATION SEGMENT OF NORTH AMERICAN GREEN STURGEON Legal Authority: 16 USC 1531 to 1543 Abstract: Under section 4(d) of the Federal Endangered Species Act (ESA), the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. This rulemaking would establish an ESA 4(d) rule representing regulations that NMFS believes necessary and advisable to conserve the threatened Southern Distinct Population Segment of North American green sturgeon (Southern DPS of green sturgeon). The 4(d) rule would apply the prohibitions listed under ESA section 9(a)(1)(A) and 9(a)(1)(D) through 9(a)(1)(G) for the Southern DPS and apply ESA section 9(a)(1)(B) and (a)(1)(C) prohibitions (called the ‘‘take prohibitions’’) to specific activities that take Southern DPS fish or alter its habitat in a manner detrimental to the continued existence of the species. The 4(d) rule would include exceptions to the take prohibitions for activities conducted in a way that NMFS deems adequate to protect or conserve the Southern DPS. Timetable: Action Date NPRM NPRM Comment Period End VerDate Nov<24>2008 FR Cite 10/00/09 12/00/09 07:56 May 08, 2009 Jkt 217001 Agency Contact: Marta Nammack, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–1401 Fax: 301 427–2523 Email: marta.nammack@noaa.gov require closure from February-April only if, after the most current two years, the average bycatch rate exceeds the trigger rate of 0.023, identified from observed compliant vessels fishing in the Southern New England Management Area. For the Mid Atlantic, this action would establish Mudhole South Management Area. Close from February 1-March 15; and modify tie-down requirement. RIN: 0648–AV94 Timetable: Regulatory Flexibility Analysis Required: Yes Action 93. HARBOR PORPOISE TAKE REDUCTION PLAN MEASURES Legal Authority: 16 USC 1361 et seq Abstract: The National Marine Fisheries Service is preparing a proposed rule to reduce the number of harbor porpoise taken in sink gillnet fisheries in the Gulf of Maine and MidAtlantic. The Harbor Porpoise Take Reduction Plan implemented measures to reduce the incidental capture of harbor porpoises in sink gillnets to below the stock’s Potential Biological Removal level (PBR) in 1999. Measures include: management areas in which deterrent devices (pingers) are required on gillnets, gear modifications, and seasonal closures. Between 2001 and 2005, incidental takes of harbor porpoise showed an increasing trend, and currently takes exceed PBR. The proposed rule will implement measures developed through discussions with the Harbor Porpoise Take Reduction Team, which was reconvened in 2007 when it was clear that existing measures were not sufficient to keep porpoise bycatch to below PBR. For the Gulf of Maine, this action would expand pinger use in Massachusetts Bay to include November; establish Stellwagen Bank Management Area, requiring pingers November-May; establish Coastal Gulf of Maine Consequence Closure Area and require closure in October and November only if, after the most current two years, the average bycatch rate exceeds the trigger rate of .031, identified from observed compliant boats from the Mid-Coast, Massachusetts Bay, and Stellwagen Bank Management Areas; create Southern New England Management Area (includes current Cape Cod South Management Area); require pingers from December-May; establish Cape Cod South Expansion and Eastern Cape Cod Consequence Closure Areas; and PO 00000 Frm 00015 Fmt 1254 Sfmt 1254 Date NPRM NPRM Comment Period End Final Action FR Cite 05/00/09 06/00/09 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Melissa Andersen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Email: melissa.andersen@noaa.gov RIN: 0648–AW51 94. RULE TO REVISE LEATHERBACK CRITICAL HABITAT Legal Authority: 16 USC 1531 et seq Abstract: The National Marine Fisheries Service (NMFS), announces a rule to revise leatherback turtle (Dermochelys coriacea) critical habitat under the Endangered Species Act of 1973, as amended (ESA). The leatherback is currently listed as endangered throughout its range, and critical habitat consists of Sandy Point Beach and adjacent waters, St. Croix, U.S. Virgin Islands. This rule would revise critical habitat to include waters along the U.S. West Coast. Timetable: Action Date NPRM FR Cite 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Therese Conant, Department of Commerce, National Oceanic and Atmospheric Administration, Silver Spring, MD 20910 Phone: 301 713–1431 Fax: 301 713–0376 RIN: 0648–AX06 E:\FR\FM\11MYP4.SGM 11MYP4 21902 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE Action Collection of Information Approval 95. REVISIONS TO THE SCIENTIFIC RESEARCH ACTIVITY, EXEMPTED FISHING, AND EXEMPTED EDUCATIONAL ACTIVITY REGULATIONS Legal Authority: 16 USC 1801 et seq Abstract: The National Marine Fisheries Service amends the regulations at 50 CFR 600.745. The action is intended to provide clearer guidance to the public for obtaining appropriate acknowledgments and permits and to facilitate the timely conduct of research to address bycatch and habitat issues in the fisheries. Timetable: Action Date NPRM NPRM Comment Period Extended NPRM Comment Period End Comment Period End Final Action FR Cite 12/21/07 72 FR 72657 03/18/08 73 FR 14428 03/20/08 04/04/08 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 RIN: 0648–AR78 96. FISHERIES IN THE WESTERN PACIFIC; PELAGIC FISHERIES; SQUID JIG FISHERIES Legal Authority: 16 USC 1801 et seq Abstract: This action would designate pelagic squid as a management unit species under the Western Pacific Pelagics Fishery Management Plan, and establish permitting and reporting requirements. Timetable: Action Date Notice of Availability NPRM Notice Comment Period End NPRM Comment Period End Final Action VerDate Nov<24>2008 FR Cite 08/11/08 73 FR 46581 08/28/08 73 FR 50751 10/10/08 10/14/08 11/21/08 73 FR 70600 07:56 May 08, 2009 Jkt 217001 Date Final Rule Stage FR Cite 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 RIN: 0648–AS71 97. MODIFYING MAXIMUM RETAINABLE AMOUNTS (MRAS) FOR SELECTED GROUNDFISH SPECIES CAUGHT BY THE NON–AMERICAN FISHING ACT TRAWL CATCHER PROCESSOR SECTOR Legal Authority: 16 USC 1801 Abstract: The National Marine Fisheries Service issues this action to amend regulations specifying the current interval of time allowed for determining the maximum retainable amount (MRA) of selected groundfish species that can be retained by nonAmerican Fishery Act trawl catcher processors. This action would change MRA regulations located at 50 CFR 679.20(e) that establish the calculation of MRAs for groundfish species that are closed to directed fishing by increasing the interval of time each vessel in this sector would have to retain the MRA specified in regulation for several species in the Bering Sea and Aleutian Islands. This action is intended to promote the goals and objectives of the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 03/13/09 74 FR 7209 03/16/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 Fax: 907 586–7249 RIN: 0648–AV32 98. MAGNUSON–STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT (MSRA) ENVIRONMENTAL REVIEW PROCEDURE Legal Authority: 16 USC 1801 Abstract: Section 107 of the MagnusonStevens Fishery Conservation and Management Reauthorization Act (MSRA) (Pub. L. 109-479) requires NOAA Fisheries to revise and update agency procedures for complying with the National Environmental Policy Act (NEPA) in context of fishery management actions. It further requires that NOAA Fisheries consult with the Council on Environmental Quality (CEQ) and the Regional Fishery Management Councils (Councils), and involve the public in the development of the revised procedures. The MSRA provides that the resulting procedures will be the sole environmental impact assessment procedure for fishery management actions, and that they must conform to the time lines for review and approval of fishery management plans and plan amendments; and integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments and other actions taken or approved pursuant to this Act in order to provide for timely, clear and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public. NOAA Fisheries is currently consulting with the councils, the Public and CEQ to develop a proposed procedure. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 05/14/08 73 FR 27997 06/13/08 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Steve Leathery, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2239 E:\FR\FM\11MYP4.SGM 11MYP4 21903 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Final Rule Stage Email: steve.leathery@noaa.gov RIN: 0648–AV53 99. AMERICAN LOBSTER DATA COLLECTION AND BROODSTOCK PROTECTION MEASURES Legal Authority: 16 USC 5101 et seq Abstract: NMFS is considering the implementation of management measures in the Federal lobster fishery, consistent with recommendations for Federal action as specified in the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for American Lobster. These proposed management measures include: 100 percent mandatory dealer reporting requirements for Federal lobster dealers; implementation of a maximum size limit (maximum carapace length restriction) in several Lobster Management Areas (LMA); and, revision to the definition of a V-notch for protection of egg-bearing female lobsters in several LMAs in the Federal American lobster fishery. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Action FR Cite 09/19/07 72 FR 53978 10/22/07 10/06/08 73 FR 58099 11/20/08 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AV77 100. ESTABLISH A PERMIT FEE COLLECTION FRAMEWORK UNDER THE FISHERY MANAGEMENT PLAN FOR U.S. WEST COAST FISHERIES FOR HIGHLY MIGRATORY SPECIES (HMS FMP) Legal Authority: 16 USC 1801 Abstract: This action would establish the authority to collect permit fees under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species. This rule would VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 amend the FMP regulations under 50 CFR 660.707 to establish a permit fee collection framework for HMS commercial and recreational charter vessels operating off the West Coast. The action is consistent with and implements elements of the NMFS Permit Fee National Policy Directive 30-120. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 12/19/08 73 FR 77589 01/20/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mark Helvey, Assistant Regional Administrator for Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802 Phone: 562 980–4040 RIN: 0648–AW50 101. AMENDMENT 16 TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER GROUPER FISHERY OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 Abstract: The need for action through Amendment 16 is to end overfishing of gag and vermilion snapper. Species in the fishery management unit are assessed on a routine basis and stock status may change as new information becomes available. In addition, changes in management regulations, fishing techniques, and social/economic structure can result in shifts in the percentage of harvest between user groups over time. More specifically, these proposed actions for gag and vermilion snapper would: implement measures to end overfishing of gag and vermilion snapper; allow the Regional Administrator to make adjustments to commercial and recreational management measures based on the reduction in harvest needed to achieve yield at Foy pending the outcome of a new benchmark assessment for vermillion snapper; specify the total allowable catch and define interim allocations for gag and vermilion snapper; update management reference points for gag and vermilion snapper; and reduce bycatch of snapper grouper species. PO 00000 Frm 00017 Fmt 1254 Sfmt 1254 Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action FR Cite 12/24/08 73 FR 79037 02/06/09 74 FR 6257 02/23/09 03/09/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW64 102. AMENDMENT 27 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA/ALEUTIAN ISLANDS KING AND TANNER CRABS Legal Authority: 16 USC 1801 et seq Abstract: Amendment 27 to the Fishery Management Plan (FMP) would amend the FMP to allow processors to modify use caps that limit the amount of individual processor quota (IPQ) shares that may be used by persons processing crab. Specifically, Amendment 27 would allow persons holding IPQ shares to process their crab at processing facilities they do not own through contractual arrangements with the facility owners to have their crab custom processed at that facility. Any crab processed under such a custom processing arrangement would not be applied against the IPQ use cap of the facility owners. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 09/19/08 73 FR 54346 11/03/08 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National E:\FR\FM\11MYP4.SGM 11MYP4 21904 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Final Rule Stage Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AW97 RIN: 0648–AW73 103. AMENDMENT 28 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA AND ALEUTIAN ISLANDS KING AND TANNER CRAB 104. ATLANTIC HIGHLY MIGRATORY SPECIES (HMS); 2009 ATLANTIC BLUEFIN TUNA QUOTA SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1862; PL 109–241; PL 109–479 Legal Authority: 16 USC 971 et seq; 16 USC 1801 et seq Abstract: This action would implement Amendment 28 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs to allow unlimited post-delivery transfers of shares to cover overages within the crab fishing year ending June 30. Under the crab rationalization program, harvesters receive annual allocations of individual fishing quota that provide an exclusive privilege to harvest a specific number of pounds of crab from a fishery. Any harvest in excess of an individual fishing quota allocation is a regulatory violation punishable by confiscation of crab or other penalties. Precisely estimating of catch at sea during the fishery is difficult and costly due to variation in size of crab, and sorting and measurement requirements. Overages can result from inadvertent mistakes by participants attempting to accurately estimate catch. A provision allowing for post-delivery transfer of individual fishing quota to cover overages could reduce the number of inadvertent violations, allowing for more complete harvest of allocations, and reduce enforcement costs without increasing the risk of overharvest of allocations. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action FR Cite 11/25/08 73 FR 71598 12/12/08 73 FR 75661 12/25/08 01/26/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Abstract: This rule would set Atlantic bluefin tuna (BFT) quota specifications and seasonal management measures for the 2009 fishing year (January 1, 2009December 31, 2009), and amend the BFT regulations. This action would implement the U.S. annual BFT quota as recommended by the International Commission for the Conservation of Atlantic Tunas and allocate that quota among the domestic fishing categories. The seasonal management measures would set daily retention limits and their duration for both the General and Angling categories. The annual specification process is set forth in current regulations implemented under the Consolidated Highly Migratory Species Fishery Management Plan. Other BFT regulatory amendments would be made within the framework procedures of the FMP. As ICCAT meets in November of the prior year, the rulemaking process needs to be performed expeditiously in order to publish the measures as soon as possible in the 2009 fishing year. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 02/18/09 74 FR 7577 03/20/09 04/00/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 RIN: 0648–AX12 PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 105. AMENDMENT 92 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA/ALEUTIAN ISLANDS GROUNDFISH AND AMENDMENT 82 TO THE FISHERY MANAGEMENT PLAN FOR GULF OF ALASKA GROUNDFISH Legal Authority: 16 USC 1801 et seq Abstract: Amendments 92/82 would remove trawl gear endorsements on licenses issued under the license limitation program in specific management areas if those licenses have not been used on vessels that meet minimum recent landing requirements using trawl gear. This action would provide exemptions to this requirement for licenses that are used in trawl fisheries subject to quotabased management. This action would issue new area endorsements for trawl catcher vessels in the Aleutian Islands if minimum recent landing requirements in the Aleutian Islands were met. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable law. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action FR Cite 12/12/08 73 FR 75659 12/30/08 73 FR 79773 02/10/09 02/13/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX14 106. ONE–FISH DAILY BAG LIMIT FOR THE GUIDED SPORT CHARTER VESSEL FISHERY FOR HALIBUT IN REGULATORY AREA 2C Legal Authority: 16 USC 773 to 773K Abstract: The regulatory action would implement a one-fish daily bag limit to reduce the charter halibut fishery harvest in Area 2C to the guideline harvest limit. E:\FR\FM\11MYP4.SGM 11MYP4 21905 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Final Rule Stage 108. ∑ 2009 ATLANTIC BLUEFISH SPECIFICATIONS Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 12/22/08 73 FR 78276 01/21/09 Legal Authority: 16 USC 1801 107. ∑ AMENDMENT 90 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA/ALEUTIAN ISLANDS GROUNDFISH AND AMENDMENT 78 TO THE FISHERY MANAGEMENT PLAN FOR GULF OF ALASKA GROUNDFISH Legal Authority: 16 USC 1801 et seq. Abstract: Amendments 90/78 would allow post-delivery transfers of cooperative quota to cover overages in the Amendment 80 Program and the Central Gulf of Alaska Rockfish Program. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMPs, and other applicable law. Timetable: Abstract: The Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission manage the Atlantic bluefish fishery jointly through the Atlantic Bluefish Fishery Management Plan (FMP). The FMP includes a specification process that requires the Council to recommend, on an annual basis, a total allowable catch (TAC) and total allowable landings (TAL) that are consistent with the stock rebuilding program. The TAL is composed of a commercial quota (allocated to the states from Maine to Florida in specified shares) and a coastwide recreational harvest limit. The Council may also specify a research set-aside (RSA) quota. The FMP also requires the Council to recommend annual fishing measures, such as possession limits, to assure that the recommended quotas will not be exceeded. The Council has submitted proposed specifications for the 2009 Atlantic bluefish fishery. In summary, the specifications propose: (1) A TAC for bluefish of 34.081 million lb (an increase from 31.887 million lb in 2008); (2) an overall TAL of 29.356 million lb (an increase from 28.156 million lb in 2008); (3) zero transfer from the recreational sector to the commercial sector, to achieve a commercial quota of 4.991 million lb (a reduction from 7.692 million lb in 2008) and a recreational harvest limit of 24.366 million lb (an increase from 20.415 million lb in 2008); (4) an RSA quota of 97,750 lb (would further reduce quota and limit above); and (5) a recreational possession limit of 15 fish. Action Timetable: 04/00/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX17 Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 01/05/09 74 FR 254 02/19/09 Action 06/00/09 07/00/09 NPRM NPRM Comment Period End Final Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX25 VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Date FR Cite 03/02/09 74 FR 9072 03/17/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AX49 PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 109. PROVIDE REGULATIONS FOR PERMITS FOR CAPTURE, TRANSPORT, IMPORT, AND EXPORT OF PROTECTED SPECIES FOR PUBLIC DISPLAY, AND FOR MAINTAINING A CAPTIVE MARINE MAMMAL INVENTORY Legal Authority: 16 USC 1372 (c) Abstract: This rule will revise and simplify criteria and procedures specific to permits for taking, transporting, importing, and exporting protected species for public display and provide convenient formats for reporting marine mammal captive holdings and transports as required by amendments made in 1994 to the Marine Mammal Protection Act. Timetable: Action Date NPRM NPRM Comment Period Extended NPRM Comment Period End Comment Period Extended Final Action FR Cite 07/03/01 66 FR 35209 08/22/01 66 FR 44109 09/04/01 11/02/01 07/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 RIN: 0648–AH26 110. ATLANTIC PELAGIC LONGLINE TAKE REDUCTION PLAN Legal Authority: 16 USC 1361 et seq Abstract: With this action, the National Marine Fisheries Service implements the Atlantic Pelagic Longline Take Reduction Plan in order to reduce serious injuries and mortalities of longfinned pilot whales, short-finned pilot whales, and Risso’s dolphins in the Atlantic pelagic longline fishery to insignificant levels approaching a zero mortality and serious injury rate, within five years of its implementation. The proposed plan is based on consensus recommendations draft plan was by the Atlantic Pelagic Longline Take Reduction Team (Team) and includes both regulatory and nonregulatory measures. Regulatory measures include: (1) Limiting the mainline length to 20 nautical miles or E:\FR\FM\11MYP4.SGM 11MYP4 21906 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Final Rule Stage less within the Mid-Atlantic Bight; (2) designating a special research area offshore of Cape Hatteras, NC; and (3) requiring all pelagic longline vessels post an informational placards on careful handling and release of marine mammals in the wheelhouse and working decks of the vessel. Nonregulatory measures of the plan include: (1) Providing for 12-15 percent observer coverage throughout all Atlantic pelagic longline fisheries that interact with pilot whales or Risso’s dolphins; (2) encouraging vessel operators throughout the fishery to maintain daily communications with other local vessel captains; (3) updating guidelines for careful handling and release of entangled or hooked marine mammals; and (4) distributing quarterly reports of bycatch of marine mammals in the pelagic longline fishery to the Team. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Rule Effective FR Cite 06/24/08 73 FR 35623 09/22/08 05/00/09 06/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Kristy Long, Fisheries Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13738, Silver Spring, MD 20910 Phone: 301 713–2322 Fax: 301 427–2522 Email: kristy.long@noaa.gov RIN: 0648–AV65 111. DESIGNATION OF CRITICAL HABITAT FOR THE ENDANGERED U.S. DISTINCT POPULATION SEGMENT (DPS) OF GUIDED SMALLTOOTH SAWFISH Legal Authority: 16 USC 1531 et seq Abstract: This action would designate critical habitat for the U.S. DPS of smalltooth sawfish, which was listed as endangered on April 1, 2003. The designation would be located in Florida, within the current geographic range of the species. Comments from the public on the proposal, including information on the economic impacts, national security, and other relevant documents, as well as the benefits to the species from the designation will VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 be solicited during a 60-day comment period. A draft economic analysis and Section 4(b)(2) report will be conducted in support of this proposed rule. Timetable: Action Date NPRM Notice NPRM Comment Period End Notice—Reopen Comment Period Comment Period End Final Action FR Cite 11/20/08 73 FR 70290 12/09/08 73 FR 74681 01/20/09 01/29/09 74 FR 5141 02/13/09 05/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Shelley L. Norton, Smalltooth Sawfish and Johnson’s Seagrass Coordinator, Department of Commerce, National Oceanic and Atmospheric Administration, 253 13th Avenue South, St. Petersburg, FL 33701 Phone: 727 551–5781 Fax: 727 524–5309 Email: shelley.norton@noaa.gov RIN: 0648–AV74 Legal Authority: 16 USC 1531 et seq Abstract: Under section 4 of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) shall designate critical habitat for species listed as threatened or endangered. This rulemaking would designate critical habitat in 45 specific areas occupied by Atlantic salmon at the time of listing that comprise approximately 203,781 km of perennial river, stream, and estuary habitat and 868 square km of lake habitat within the range of the Gulf of Maine’s distinct population segment and on which are found those physical and biological features essential to the conservation of the species. A draft economic analysis, biological report, and ESA section 4(b)(2) analysis report in support of the proposed rulemaking will be available for public review and comment. We solicit comments from the public regarding the proposed rulemaking, including comments on economic, national security, or other relevant impacts, as well as the benefits of the designation to Gulf of Maine Atlantic salmon. Frm 00020 Fmt 1254 Action Date NPRM NPRM Comment Period End Final Action FR Cite 09/05/08 73 FR 51747 11/04/08 11/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: James H. Lecky, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2332 Fax: 301 427–2520 Email: jim.lecky@noaa.gov RIN: 0648–AW77 113. RULEMAKING TO DESIGNATE CRITICAL HABITAT FOR THE THREATENED SOUTHERN DISTINCT POPULATION SEGMENT OF NORTH AMERICAN GREEN STURGEON Legal Authority: 16 USC 1531 et seq 112. RULEMAKING TO DESIGNATE CRITICAL HABITAT FOR THE GULF OF MAINE DISTINCT POPULATION SEGMENT OF ATLANTIC SALMON PO 00000 Timetable: Sfmt 1254 Abstract: Under section 4 of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) shall designate critical habitat for species listed as threatened or endangered. This rulemaking would designate critical habitat for the threatened Southern Distinct Population Segment of North American green sturgeon (Southern DPS), including: the Sacramento River, lower Feather River, and lower Yuba River in California; the Sacramento-San Joaquin Delta and Suisun, San Pablo, and San Francisco Bays in California; certain coastal bays and estuaries in California, Oregon, and Washington; and coastal marine waters within 110 m depth off California, Oregon, and Washington. A draft economic analysis, biological report, and ESA section 4(b)(2) analysis report in support of the proposed rulemaking will be available for public review and comment. Timetable: Action Date NPRM Notice of Public Workshop; Correction to a Proposed Rule— 10/16/2008 NPRM Comment Period End Final Action E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 09/08/08 73 FR 52084 10/07/08 73 FR 58527 11/07/08 06/00/09 21907 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Final Rule Stage Regulatory Flexibility Analysis Required: Yes Agency Contact: James H. Lecky, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2332 Fax: 301 427–2520 Email: jim.lecky@noaa.gov RIN: 0648–AX04 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) 114. REQUIRE MANDATORY OBSERVER COVERAGE IN THE AT–SEA PROCESSING SECTOR OF THE WHITING FISHERY Legal Authority: 16 USC 1801 et seq Abstract: This action amends the regulations implementing the Pacific Coast Groundfish Fishery Management Plan to provide for a mandatory, vesselfinanced observer program on at-sea processing vessels. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Interim Final Rule Interim Final Rule Comment Period End Final Action FR Cite 05/11/04 69 FR 31751 06/07/04 69 FR 31751 07/07/04 07/07/04 69 FR 31751 Regulatory Flexibility Analysis Required: Yes Agency Contact: Thom Barry, Regional Administrator, Northwest Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115–0070 Phone: 206 526–6150 Fax: 206 526–6426 RIN: 0648–AK26 115. BERING SEA AND ALEUTIAN ISLANDS AMENDMENT 73 AND GULF OF ALASKA AMENDMENT 77 GROUNDFISH FISHERY MANAGEMENT PLANS TO REVISE MANAGEMENT AUTHORITY OF DARK ROCKFISH Legal Authority: 16 USC 1801 et seq Abstract: This amendment would remove dark rockfish (Sebastes ciliatus) from the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) groundfish fishery management plans (FMP). The State of Alaska would then assume management of dark VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 rockfish in the BSAI and GOA. Regulatory amendments are needed to implement these FMP amendments to remove dark rockfish from Table 2a of 50 CFR part 679 (FMP species) and to add dark rockfish to Table 2d of 50 CFR part 679 (non-FMP species). The regulations implementing Amendment 73/77 also would revise the scientific name and species code for dusky rockfish on Table 2a to 50 CFR part 679. Timetable: Action 09/10/03 68 FR 53334 10/10/03 Completed Actions Date NPRM NPRM Comment Period End Final Action FR Cite 09/24/08 73 FR 55010 11/17/08 12/31/08 73 FR 80307 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AU20 116. AMENDMENT 14 TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER–GROUPER FISHERY OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 et seq Abstract: Amendment 14 would establish a series of 8 Type II Marine Protected Areas (MPAs) in federal waters in the South Atlantic. The MPAs range in size from 8 square nautical miles to 150 square nautical miles, and would be distributed from North Carolina south to the Florida Keys. Within the MPAs, fishing for, or retention of, species in the snapper grouper management complex would be prohibited, as would the use of shark bottom longline fishing gear. Trolling for pelagic species such as tuna, dolphin, and mackerel would be allowed within the MPAs. PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 Timetable: Action Date Notice Notice of Availability NPRM NPRM Comment Period End Final Action FR Cite 07/20/06 71 FR 41207 06/06/08 73 FR 32281 07/16/08 73 FR 40824 08/15/08 01/13/09 74 FR 1621 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AU28 117. FRAMEWORK 4 TO THE FISHERY MANAGEMENT PLAN FOR MONKFISH Legal Authority: 16 USC 1801 et seq Abstract: This framework adjustment would establish target TACs of 5,000 mt and 5,100 mt for the Northern Fishery Management Area (NFMA) and Southern Fishery Management Area (SFMA), respectively, for the final 3 years of the rebuilding plan (FY 2007FY 2009), unless otherwise modified by the Monkfish Monitoring Committee (MFMC) during their annual review process. Essentially, this framework adjustment would remove the Framework 2 control rule and replace it with target TACs that were developed based upon an analysis conducted by the Monkfish Plan Development Team (PDT). This framework would also implement monkfish Days-at-Sea requirements for vessels fishing in the NFMA, and addresses other minor issues raised by industry. Timetable: Action Date Proposed Rule and Proposed Interim Rule E:\FR\FM\11MYP4.SGM 11MYP4 FR Cite 03/20/07 72 FR 13069 21908 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Action Completed Actions Date NPRM Comment Period End Interim Final Rule Final Rule Interim Final Rule Comment Period End FR Cite 04/19/07 04/27/07 72 FR 20952 09/21/07 72 FR 53942 10/22/07 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AU34 118. AMENDMENT 15 TO THE SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: Amendment 15 would address allocation and other issues in the summer flounder, scup, and black sea bass fisheries. Timetable: Action Date Withdrawn FR Cite 04/30/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AU36 119. APPROVAL OF OPERATIONS PLAN FOR THE GEORGES BANK FIXED GEAR SECTOR FOR 2007–2008 Timetable: Action Date Duplicate of 0648AV22 FR Cite 02/05/09 RIN: 0648–AU61 120. RESTRICTIONS FOR 2007 PURSE SEINE AND LONGLINE FISHERIES IN THE EASTERN TROPICAL PACIFIC OCEAN Legal Authority: 16 USC 951 to 961; 16 USC 971 VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Abstract: The National Marine Fisheries Service announces the 2007 conservation and management measures for international tuna fisheries in the eastern tropical Pacific Ocean. The purse seine fishery will be closed for six weeks from August 1, 2007, to September 11, 2007, and any national longline fishery that reaches a catch level for bigeye tuna equal to the 2001 catch levels will also be closed. The intended effect of this rule is to limit fishing mortality caused by purse seine fishing and longline fishing in the ETP, and to contribute to long-term conservation of the tuna stocks at levels that support healthy fisheries. This will conform to the Inter-American Tropical Tuna Commission recommendation that was approved by the State Department. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 02/26/07 72 FR 8333 03/28/07 06/04/07 72 FR 30711 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mark Helvey, Assistant Regional Administrator for Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802 Phone: 562 980–4040 RIN: 0648–AU79 121. REVISION TO ALLOWABLE BYCATCH REDUCTION DEVICES FOR THE GULF OF MEXICO SHRIMP FISHERY Legal Authority: 16 USC 1801 et seq Abstract: In accordance with the framework procedures for adjusting management measures of the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), the National Marine Fisheries Service proposes to decertify the expanded mesh bycatch reduction device (BRD), the Gulf fisheye BRD, and to revise the allowable configuration of the fisheye BRD for use in the Gulf of Mexico shrimp fishery. The intended effect of this rule is to improve bycatch reduction in the shrimp fishery and better meet the requirements of national standard 9. PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 Timetable: Action Date NPRM NPRM Comment Period End Comment Period Extended Comment Period Ends Final Rule FR Cite 06/03/08 73 FR 31669 07/03/08 07/07/08 73 FR 38387 08/06/08 11/18/08 73 FR 68355 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AV14 122. FISHERIES IN THE WESTERN PACIFIC; BOTTOMFISH AND SEAMOUNT GROUNDFISH FISHERIES; MANAGEMENT MEASURES FOR THE NORTHERN MARIANA ISLANDS Legal Authority: 16 USC 1801 et seq Abstract: Amendment 10 to the fishery management plan for Bottomfish and Seamount Groundfish Fisheries in the Western Pacific would establish Federal permitting and reporting requirements, closed areas, and vessel monitoring system requirements, for commercial bottomfish fishing in the Commonwealth of the Northern Mariana Islands. Timetable: Action Date Notice of Availability NPRM NOA Comment Period End NPRM Comment Period End Final Action Final Action— Collection of Information Approval Final Action Effective— Collection of Information Approval FR Cite 08/20/08 73 FR 49157 09/08/08 73 FR 51992 10/20/08 10/23/08 12/12/08 73 FR 75615 04/06/09 74 FR 15373 05/06/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alvin Katekaru, Assistant Regional Administrator, E:\FR\FM\11MYP4.SGM 11MYP4 21909 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Completed Actions Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 124. RULE TO IMPLEMENT A MINIMUM POSSESSION SIZE LIMIT ON SPINY LOBSTER (PANULIRUS ARGUS) RIN: 0648–AV28 Abstract: The United States is a major importer of spiny lobster from the Caribbean, importing more than 88,000 tons (over 194 million lbs) over the past 10 years, worth an estimated $2.27 billion dollars. The United States imports over 90 percent of the spiny lobster harvested in Brazil, Colombia, Central America and the Caribbean countries. The major exporters to the United States are the Bahamas, Brazil, Honduras and Nicaragua. All of these exporting countries have some form of minimum size requirement, but they are not standardized and enforcement is severely lacking. Therefore, NOAA Fisheries Service in coordination with the Caribbean, South Atlantic, and Gulf of Mexico Fishery Management Councils is proposing to place a minimum size limit restriction on imports to curtail the flow of undersized lobster harvested in foreign countries. Legal Authority: 16 USC 1801 123. GUIDANCE FOR ANNUAL CATCH LIMITS AND ACCOUNTABILITY MEASURES TO END OVERFISHING Legal Authority: 16 USC 1853 Abstract: Section 104(b) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA), requires that in fishing year 2010, for fisheries determined by the Secretary to be subject to overfishing, and in fishing year 2011, for all other fisheries, that fishery management plans establish annual catch limits (ACLs), including regulations and annual specifications, at a level such that overfishing does not occur in a fishery, including measures to ensure accountability. The National Marine Fisheries Service intends to prepare guidance on how to establish adequate ACLs and AMs by revising its National Standard 1 (NS1) guidelines at 50 CFR 600.310. This is because NS1 of the Magnuson-Stevens Act states that ‘‘Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.’’ Timetable: Action Date NPRM Notice NRPM Comment Period Extended NPRM Comment Period End NRPM Comment Period End Final Action FR Cite 06/09/08 73 FR 32526 06/26/08 73 FR 36300 08/13/08 73 FR 47125 09/08/08 09/22/08 01/16/09 74 FR 3178 Timetable: Action Date Notice of Intent Notice of Availability NPRM NPRM Comment Period End Final Action FR Cite 07/26/07 72 FR 41063 10/15/08 73 FR 61015 10/29/08 73 FR 64295 12/15/08 01/12/09 74 FR 1148 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov Regulatory Flexibility Analysis Required: Yes RIN: 0648–AV61 Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 125. GENERAL PROVISIONS FOR DOMESTIC FISHERIES; SPECIFICATIONS FOR BOARDING LADDERS RIN: 0648–AV60 VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Legal Authority: 16 USC 1801 et seq; 16 USC 2431 et seq; 16 USC 3636(b); 16 USC 5501 et seq; 16 USC 773 et seq; 16 USC 951 to 961; 16 USC 973 to 973r; 16 USC 971 et seq PO 00000 Frm 00023 Fmt 1254 Sfmt 1254 Abstract: This regulation would require domestic fishing vessels to have a U.S. Coast Guard-approved pilot ladder on board as a safer means for authorized personnel to board the vessels in carrying out their duties under the Magnuson-Stevens Fishery Conservation and Management Act, the Atlantic Tunas Convention Act and other applicable laws. This action is necessary to provide for the safety of personnel boarding domestic fishing vessels, as current standards have proven to be inadequate. This action would establish a safer and more enforceable national standard for ladders used by authorized officers for boarding domestic fishing vessels subject to Federal regulation. Timetable: Action Date NPRM NPRM Comment Period End Second NPRM Second NPRM Comment Period End Final Action Final Action Effective Date FR Cite 12/11/07 72 FR 70286 01/10/08 01/25/08 73 FR 4514 02/25/08 11/17/08 73 FR 67805 01/01/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Room 13362, Silver Spring, MD 20910 Phone: 301 713–2334 RIN: 0648–AV78 126. GULF REEF FISH AMENDMENT 30B Legal Authority: 16 USC 1801 Abstract: Amendment 30B addresses the findings of Gulf of Mexico red grouper and gag stock assessments. Red grouper is not undergoing overfishing and is not overfished. Gag is undergoing overfishing and whether gag is overfished is still being determined. This action incorporates both red grouper and gag management measures together as the measures affecting one species invariably affect the other. The amendment would implement management measures to increase red grouper total allowable catch and to end overfishing of gag. E:\FR\FM\11MYP4.SGM 11MYP4 21910 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Completed Actions The amendment also proposes definitions for gag status criteria and reference points. The amendment also examines grouper accountability measures, closed fishing areas, and ways to reduce discard mortality. Timetable: Action Date Notice Notice of Availability NPRM Interim Final Rule Notice of Availability NPRM Comment Period End Final Action Final Action Effective FR Cite 03/07/08 10/28/08 11/18/08 12/02/08 12/29/08 01/02/09 73 FR 12393 73 FR 63932 73 FR 68390 73 FR 73219 04/16/09 74 FR 17603 05/18/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AV80 127. AMENDMENT 3 TO THE FISHERY MANAGEMENT PLAN FOR THE SPINY LOBSTER FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS AND AMENDMENT 4 TO THE REEF FISH FISHERY MANAGEMENT PLAN OF PUERTO RICO AND THE U.S. Timetable: Action Date Duplicate of 0648AV61 FR Cite 02/05/09 RIN: 0648–AV98 128. AMENDMENT 15 TO THE PACIFIC COAST GROUNDFISH FISHERY MANAGEMENT PLAN: LIMITED ENTRY PROGRAM FOR THE PACIFIC WHITING FISHERY Legal Authority: 16 USC 1801 et seq Abstract: Amendment 15 to the Pacific Coast Groundfish FMP would implement a limited entry program for the Pacific whiting fishery, which occurs within the Exclusive Economic Zone off the coasts of Washington, Oregon, and California. This action would limit future participation in each of the three non-tribal sectors of the Pacific whiting fishery to those vessels VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 with historic participation in those particular sectors. Timetable: Fax: 907 586–7249 Action 130. REVISIONS TO THE POLLOCK TRIP LIMIT REGULATIONS IN THE GULF OF ALASKA Date NPRM NPRM Comment Period End Final Action Correction Correction Effective FR Cite 07/11/08 73 FR 39930 08/11/08 03/10/09 74 FR 10189 03/20/09 74 FR 11880 04/09/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Email: frank.lockhart@noaa.gov RIN: 0648–AW08 129. REVISE MAXIMUM RETAINABLE AMOUNTS (MRA) OF GROUNDFISH IN THE GULF OF ALASKA ARROWTOOTH FLOUNDER FISHERY Legal Authority: 16 USC 1801 et seq Abstract: This regulatory amendment would revise the maximum retainable amounts (MRAs) of groundfish using arrowtooth flounder as a basis species in the Gulf of Alaska. MRAs for deepwater flatfish, rex sole, flathead sole, shallow-water flatfish, Atka mackerel, and skates would be increased from 0 percent to 20 percent; the MRA for aggregated rockfish would be increased from 0 percent to 5 percent; and the MRA for sablefish would be increased from 0 percent to 1 percent for sablefish. This action would reduce regulatory discards of otherwise marketable groundfish in the arrowtooth flounder fishery. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 11/25/08 73 FR 71592 12/26/08 03/27/09 74 FR 13348 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 PO 00000 Frm 00024 Fmt 1254 Sfmt 1254 RIN: 0648–AW40 Legal Authority: 16 USC 1801 et seq Abstract: This regulatory action revises the current pollock trip limit regulation to prohibit a catcher vessel from retaining more than 136 mt (300,000 lb) of unprocessed pollock during a calendar day, and landing more than 136 mt (300,000 lb) of pollock during a fishing trip. The National Marine Fisheries Service also proposes to prohibit a vessel from landing a cumulative amount of unprocessed pollock from any Gulf of Alaska (GOA) reporting area that exceeds 136 mt (300,000 lb) times the number of days the pollock fishery is open to directed fishing in a season. The objective of this rule is to prevent certain pollock catch and delivery practices that allow some vessels to circumvent the intent of current trip limit regulations. These delivery practices have caused seasonal pollock quotas to be exceeded, and if allowed to continue could conflict with Steller sea lion protection measures under Endangered Species Act (ESA) that are intended to disperse pollock catches in the GOA. These delivery practices have caused seasonal pollock quotas to be exceeded, and if allowed to continue could conflict with Steller sea lion protection measures under ESA that are intended to disperse pollock catches in the GOA. Current regulations in the pollock directed fishery prohibit catcher vessels from exceeding a catch of 136 mt (300,000 lb) of pollock in a fishing trip. Since trip limits were implemented in 1999, these regulations have become less effective, as multiple trips during a day and partial offloads of pollock product during a trip have allowed for increasing amounts of pollock to be caught in some areas of the GOA. Amending the current trip limit regulation to limit legal opportunities for a vessel to exceed 136 mt (300,000 lb) of pollock caught in a day, would continue to disperse catches of pollock in a manner that is consistent with the intent of Steller sea lion protection measures in the GOA. Timetable: Action Date NPRM E:\FR\FM\11MYP4.SGM FR Cite 10/20/08 73 FR 62241 11MYP4 21911 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Action Completed Actions Date NPRM Comment Period End Final Action Final Action Effective Email: melissa.andersen@noaa.gov FR Cite RIN: 0648–AW68 11/19/08 04/21/09 74 FR 18156 05/21/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Legal Authority: 16 USC 1801 et seq RIN: 0648–AW54 131. AMENDMENT TO THE BOTTLENOSE DOLPHIN TAKE REDUCTION PLAN Legal Authority: 16 USC 1361 et seq Abstract: The National Marine Fisheries Service (NMFS) amends the Bottlenose Dolphin Take Reduction Plan’s (BDTRP) implementing regulations by extending, for an additional three years, fishing restrictions expiring on May 26, 2009. This action will continue, without modification, current nighttime fishing restrictions of medium mesh gillnets operating in the North Carolina portion of the Winter-Mixed Management Unit during the winter. Members of the Bottlenose Dolphin Take Reduction Team (BDTRT) recommended these regulations be extended for an additional three years to ensure continued conservation of the Western North Atlantic coastal bottlenose dolphin stock, should a directed spiny dogfish fishery reemerge in North Carolina. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite Abstract: Grouper and tilefish species in the Gulf of Mexico are managed under the reef fish fishery management plan. Past management practices under the plan have contributed to overcapitalization in these fisheries, which the Council now seeks to address. The Council is considering an IFQ program to further control effort in the commercial grouper and tilefish fisheries in the Gulf of Mexico. Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), NOAA’s National Marine Fisheries Service must conduct a referendum to determine whether an IFQ program, as ultimately developed, should be submitted to the Secretary of Commerce for review, approval, and implementation. This proposed rule would provide potential referendum participants information concerning the schedule, procedures, and eligibility requirements for participating in the referendum. The intended effect of this proposed rule is to implement the requirements of the Magnuson-Stevens Act for implementing an IFQ program in the Gulf of Mexico. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite NPRM NPRM Comment Period End Final Action Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov Jkt 217001 RIN: 0648–AW85 PO 00000 Frm 00025 Timetable: 10/30/08 73 FR 64562 12/01/08 12/19/08 73 FR 77531 01/20/09 07:56 May 08, 2009 Abstract: The FMP requires fishing mortality reductions to be implemented May 1, 2009, as a part of the rebuilding plan specified under Amendment 13 to the FMP, and if additional reductions in fishing mortality are necessary as a result of stock assessments that will occur in August 2008. The New England Fishery Management Council is currently developing Amendment 16 to the FMP that, if approved, would implement management measures to achieve the necessary fishing mortality reductions to meet the required objectives of the FMP, as well as other extensive modifications to the FMP. However, due to the scope and complexity of Amendment 16, it is likely that the development the Amendment may be behind schedule and not be implemented by May 1, 2009. Therefore, due to the need to meet the rebuilding goals of the FMP by May 1, 2009, an interim action is being developed by NOAA’s National Marine Fisheries Service. This interim action would be more narrow in scope than Amendment 16 and focus on the required adjustments to the FMP, and include a measure that would provide flexibility to the industry and mitigate negative economic impacts. This action would remain in effect until Amendment 16 is implemented, which is expected no later than May 1, 2010. Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Melissa Andersen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Legal Authority: 16 USC 1801 et seq 09/04/08 73 FR 51617 10/06/08 08/22/08 73 FR 49634 09/22/08 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 132. REFERENDUM PROCEDURES FOR A POTENTIAL GULF OF MEXICO GROUPER AND TILEFISH INDIVIDUAL FISHING QUOTA (IFQ) PROGRAM 133. INTERIM ACTION TO REDUCE FISHING MORTALITY AND MAINTAIN STOCK REBUILDING; NORTHEAST MULTISPECIES FISHERY Fmt 1254 Sfmt 1254 Date FR Cite 01/16/09 74 FR 2959 02/17/09 04/13/09 74 FR 17030 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AW87 E:\FR\FM\11MYP4.SGM 11MYP4 21912 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Completed Actions 134. SEABIRD AVOIDANCE REQUIREMENTS REVISIONS FOR HOOK–AND–LINE VESSELS IN INTERNATIONAL PACIFIC HALIBUT COMMISSION REGULATORY AREA 4E Legal Authority: 16 USC 1801 et seq Abstract: NMFS takes this action to revise the seabird avoidance regulations for the hook-and-line fishery for groundfish and halibut in the International Pacific Halibut Commission regulatory area 4E of the Bering Sea. This action would eliminate seabird avoidance requirements for hook-and-line vessels less than or equal to 55 feet length overall in portions of Area 4E. This action is necessary to revise seabird avoidance regulations based on the latest scientific information regarding the location of seabirds and fishing activities and to reduce unnecessary regulatory burdens and associated costs. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 01/16/09 74 FR 2984 02/17/09 03/27/09 74 FR 13355 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 habitat may be enforced. Evidence suggests that the dinglebar fishery for lingcod occurs at shallower depth than where these sensitive corals occur. The cost of purchasing and maintaining a VMS is therefore not warranted for this fishery. 137. FISHERIES IN THE WESTERN PACIFIC; BOTTOMFISH AND SEAMOUNT GROUNDFISH FISHERIES; MAIN HAWAIIAN ISLANDS; 2008–09 BOTTOMFISH TOTAL ALLOWABLE CATCH Timetable: Action Action Duplicate of 0648XL64 Date NPRM NPRM Comment Period End Final Action Correction FR Cite RIN: 0648–AX22 01/21/09 74 FR 3446 04/14/09 74 FR 17113 138. ∑ MAGNUSON–STEVENS ACT PROVISIONS; FISHERIES OFF WEST COAST STATES; PACIFIC COAST GROUNDFISH FISHERY; 2009–2010 BIENNIAL SPECIFICATIONS AND MANAGEMENT MEASURES Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 RIN: 0648–AX01 136. 2009 ATLANTIC MACKEREL, SQUID, AND BUTTERFISH SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1801 Abstract: This final rule establishes the 2009-2010 Groundfish Management Measures and Specifications. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 12/31/08 73 FR 80516 01/30/09 03/06/09 74 FR 9874 Regulatory Flexibility Analysis Required: Yes Abstract: This action would establish 2009 specifications and management measures for the mackerel, squid, and butterfish fisheries. Agency Contact: Thom Barry, Regional Administrator, Northwest Region, NMFS, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 98115 Phone: 206 526–4323 Fax: 206 526–6736 Timetable: RIN: 0648–AX24 Action 135. REGULATORY AMENDMENT TO EXEMPT DINGLEBAR FISHERMEN IN THE GULF OF ALASKA FROM VESSEL MONITORING SYSTEM REQUIREMENTS Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108–447 Jkt 217001 Date NPRM NPRM Comment Period End Final Rule Final Rule Effective FR Cite 11/17/08 73 FR 67829 12/17/08 02/06/09 74 FR 6244 03/09/09 Regulatory Flexibility Analysis Required: Yes Abstract: This action would exempt vessels with Federal fishing permits and with dinglebar gear onboard in the Gulf of Alaska from vessel monitoring system (VMS) requirements. All federally permitted vessels, including dinglebar fishermen fishing for lingcod in the Gulf of Alaska, are currently required to carry a VMS so that regulations to protect sensitive coral 07:56 May 08, 2009 Date 11/04/08 10/03/08 73 FR 57585 11/03/08 Legal Authority: 16 USC 1801 RIN: 0648–AW94 VerDate Nov<24>2008 FR Cite Timetable: Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9200 RIN: 0648–AX16 PO 00000 Frm 00026 Fmt 1254 Sfmt 1254 139. ∑ 2009 PACIFIC HALIBUT FISHERIES; CATCH SHARING PLAN Legal Authority: 16 USC 1801 Abstract: NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission’s (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes tribal regulations and the sport fishery allocations and management measures for Area 2A. These actions are intended to enhance the conservation of Pacific E:\FR\FM\11MYP4.SGM 11MYP4 21913 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—NOAA Completed Actions halibut, to provide greater angler opportunity where available, and to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries. Timetable: Action Date NPRM NPRM Comment Period End Final Action Correction FR Cite 01/14/09 74 FR 2032 02/01/09 03/19/09 74 FR 11681 04/24/09 74 FR 11880 Regulatory Flexibility Analysis Required: Yes Agency Contact: D. Robert Lohn, Regional Administrator, Northwest Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115–0070 Phone: 206 526–6150 Fax: 206 526–6426 RIN: 0648–AX44 an inspection meeting. Then, the fisherman must meet NMFS and allow for the inspection of his or her gear to ensure the modified leader meets the definition of a modified pound net leader, as described in the regulations. The purpose of this action is to help protect threatened and endangered sea turtles, while enabling fishermen to use leaders, an important component of pound net gear, during the regulated period. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective Date 140. VIRGINIA MODIFIED POUND NET LEADER INSPECTION PROGRAM Legal Authority: 16 USC 1531et seq Abstract: With this action, NMFS issues a rule to implement an inspection program for modified pound net leaders in the Virginia waters of the mainstem Chesapeake Bay. Previous regulations (71 FR 36024, June 23, 2006) required modified pound net leaders in a portion of the Virginia Chesapeake Bay from May 6 to July 15 each year, and this action would ensure that leaders used in that area do in fact meet the definition of a modified pound net leader. To comply with the inspection program, a pound net fisherman intending to set a modified leader must call NMFS to arrange for FR Cite 03/01/07 72 FR 9297 04/02/07 11/18/08 73 FR 68348 12/18/08 Regulatory Flexibility Analysis Required: Yes Agency Contact: Carrie Upite, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, One Blackburn Drive, Gloucester, MA 01930 Phone: 978 281–9300 Email: carrie.upite@noaa.gov RIN: 0648–AU98 141. ENDANGERED AND THREATENED SPECIES; DESIGNATION OF CRITICAL HABITAT FOR ELKHORN AND STAGHORN CORALS Legal Authority: 16 USC 1531 to 1544 Abstract: The National Marine Fisheries Service designates critical habitat for elkhorn and staghorn corals, which we recently listed as threatened under the Endangered Species Act (ESA). Areas proposed for designation will be within the current geographic ranges of these species that are under U.S. jurisdiction, including areas in Southeast Florida, Puerto Rico, and the U.S. Virgin Islands. Comments from the public on all aspects of the proposal, including information on the economic, national security, and other relevant impacts of the proposed designation, as well as the benefits to elkhorn and staghorn corals from designation will be solicited during a 60-day comment period. A draft economic analysis and Section 4(b)(2) report will be conducted in support of this proposal. Proposed rule was published February 6, 2008 (73 FR 6895). This final rule designates 1,329 sq mi of marine habitat in the Florida area, 1,383 sq mi in the Puerto Rico area, 121 sq mi in the St. John/St. Thomas area, and 126 sq mi in the St. Croix area. Timetable: Action Date NPRM Correction NPRM Comment Period End Final Action Final Action Effective Legal Authority: 35 USC 2(b)(2) Abstract: The U.S. Patent and Trademark Office (Office) is considering revising the rules of practice to address Markush-type and other claims written so as to claim an invention in the alternative. The search VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 11/26/08 73 FR 72210 12/26/08 Regulatory Flexibility Analysis Required: Yes Agency Contact: Marta Nammack, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–1401 Fax: 301 427–2523 Email: marta.nammack@noaa.gov RIN: 0648–AV35 Department of Commerce (DOC) Patent and Trademark Office (PTO) 142. EXAMINATION OF PATENT APPLICATIONS THAT INCLUDE CLAIMS CONTAINING ALTERNATIVE LANGUAGE FR Cite 02/06/08 73 FR 6895 03/06/08 73 FR 12068 05/06/08 Long-Term Actions and examination of Markush-type and other claims written in the alternative generally consume a disproportionate amount of Office resources as compared to other types of claims, because these claims can encompass multiple independent and distinct inventions and determining the patentability of such a claim may require a separate examination of each of the alternatives within the claim. The Office anticipates PO 00000 Frm 00027 Fmt 1254 Sfmt 1254 that requiring applicants who choose this claim-drafting format to ensure a certain degree of relatedness among the members of a Markush group or the alternatives presented in the claims will allow the Office to do a better, more thorough and reliable examination of Markush-type and other claims written in the alternative. E:\FR\FM\11MYP4.SGM 11MYP4 21914 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Unified Agenda DOC—PTO Long-Term Actions Timetable: Action Date NPRM NPRM Comment Period End Second NPRM Second NPRM Comment Period End Final Action FR Cite 08/10/07 72 FR 44992 10/09/07 03/10/08 73 FR 12679 04/09/08 To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr Phone: 571 272–8800 Email: robert.bahr@uspto.gov RIN: 0651–AC00 143. FISCAL YEAR 2009 REVISION OF REQUEST FOR CONTINUED EXAMINATION, EIGHTEEN–MONTH PUBLICATION, AND OTHER MISCELLANEOUS COST–RECOVERY PATENT FEES Legal Authority: 35 USC 2(b)(2); 35 USC 41(d); 35 USC 132(b) Abstract: The USPTO is proposing to revise the rules of practice to adjust the fee or set a fee for certain processes and services for which the USPTO is required to set a cost-recovery fee. The USPTO is specifically proposing to adjust the fee for a request for continued examination, eighteen-month publication, and a certificate of correction (applicant’s mistake) fee, and set a fee for requesting a corrected republication of a patent application publication. The rules of practice currently do not set a fee, or do not set a fee that recovers the USPTO’s costs, for these processes or services. The USPTO is proposing to adjust or set these fee amounts such that they more accurately reflect the Office costs for these processes or services. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr Phone: 571 272–8800 Email: robert.bahr@uspto.gov RIN: 0651–AC29 Department of Commerce (DOC) Patent and Trademark Office (PTO) 144. FISCAL YEAR 2009 CHANGES TO PATENT COOPERATION TREATY SEARCH FEES Legal Authority: 35 USC 2(b)(2) and 376 Abstract: The United States Patent and Trademark Office (USPTO) is proposing to revise the rules of practice to adjust the transmittal and search fees for international applications filed under the Patent Cooperation Treaty (PCT). The USPTO is proposing to adjust the PCT transmittal and search fees to recover the estimated average cost to VerDate Nov<24>2008 07:56 May 08, 2009 Jkt 217001 Completed Actions the USPTO of processing PCT international applications and preparing international search reports and written opinions for PCT international applications. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Final Rule Effective PO 00000 Frm 00028 FR Cite 06/18/08 73 FR 34672 08/18/08 11/12/08 73 FR 66754 01/12/09 Fmt 1254 Sfmt 1254 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr, Senior Patent Attorney, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450 Phone: 571 272–8800 Email: robert.bahr@uspto.gov RIN: 0651–AC28 [FR Doc. E9–10267 Filed 05–08–09; 8:45 am] BILLING CODE 3510–12–S E:\FR\FM\11MYP4.SGM 11MYP4

Agencies

DEPARTMENT OF COMMERCE

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Unknown Section]
[Pages 21887-21914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10267]


[[Page 21887]]

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Part IV





Department of Commerce





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Semiannual Regulatory Agenda

[[Page 21888]]



DEPARTMENT OF COMMERCE (DOC)






_______________________________________________________________________

DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and XI

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

50 CFR Chs. II, III, IV, and VI

Spring 2009 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: In compliance with Executive Order 12866, entitled 
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act, 
as amended, the Department of Commerce (Department), in the spring and 
fall of each year, publishes in the Federal Register an agenda of 
regulations under development or review over the next 12 months. 
Rulemaking actions are grouped according to prerulemaking, proposed 
rules, final rules, long-term actions, and rulemaking actions completed 
since the fall 2008 agenda. The purpose of the agenda is to provide 
information to the public on regulations currently under review, being 
proposed, or issued by the Department. The agenda is intended to 
facilitate comments and views by interested members of the public.

     The Department's spring 2009 regulatory agenda includes 
regulatory activities that are expected to be conducted during the 
period April 1, 2009, through March 31, 2010.

FOR FURTHER INFORMATION CONTACT: 

     Specific: For additional information about specific regulatory 
actions listed in the agenda, contact the individual identified as 
the contact person.

     General: Comments or inquiries of a general nature about the 
agenda should be directed to Jennifer K. Nist, Chief Counsel for 
Regulations, Office of the Assistant General Counsel for 
Legislation and Regulation, U.S. Department of Commerce, 
Washington, DC 20230; telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires agencies to 
publish an agenda of those regulations that are under consideration 
pursuant to this order. By memorandum of January 8, 2009, the Office of 
Management and Budget issued guidelines and procedures for the 
preparation and publication of the spring 2009 Unified Agenda of 
Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., requires agencies to publish, in the spring 
and fall of each year, a regulatory flexibility agenda that contains a 
brief description of the subject of any rule likely to have a 
significant economic impact on a substantial number of small entities. 
The agenda also identifies those entries that have been selected for 
periodic review under section 610 of the Regulatory Flexibility Act.

     In addition, beginning with the fall 2007 edition, the 
Internet became the basic means for disseminating the Unified 
Agenda. The complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

     Because publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), the Department of Commerce's 
printed agenda entries include only:

    (1) Rules that are in the Agency's regulatory flexibility 
agenda, in accordance with the Regulatory Flexibility Act, because 
they are likely to have a significant economic impact on a 
substantial number of small entities; and

    (2) Rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act.

     Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's Agenda 
requirements. Additional information on these entries is available 
in the Unified Agenda published on the Internet. In addition, for 
fall editions of the Agenda, the entireRegulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including the Department of Commerce's Regulatory Plan.

     Within the Department, the Office of the Secretary and various 
operating units may issue regulations. Operating units, such as the 
National Oceanic and Atmospheric Administration (NOAA), the Bureau 
of Industry and Security, and the Patent and Trademark Office issue 
the greatest share of the Department's regulations.

     A large number of regulatory actions reported in the agenda 
deal with fishery management programs of NOAA's National Marine 
Fisheries Service (NMFS). To avoid repetition of programs and 
definitions, as well as to provide some understanding of the 
technical and institutional elements of the NMFS programs, an 
``Explanation of Information Contained in NMFS Regulatory Entries'' 
is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

     The Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) (Act) governs the management of fisheries 
within the Exclusive Economic Zone (EEZ). The EEZ refers to those 
waters from the outer edge of the State boundaries, generally 3 
nautical miles, to a distance of 200 nautical miles. Fishery 
Management Plans (FMPs) are to be prepared for fisheries that 
require conservation and management measures. Regulations 
implementing these FMPs regulate domestic fishing and foreign 
fishing where permitted. Foreign fishing may be conducted in a 
fishery in which there is no FMP only if a preliminary fishery 
management plan has been issued to govern that foreign fishing. 
Under the Act, eight Regional Fishery Management Councils 
(Councils) prepare FMPs or amendments to FMPs for fisheries within 
their respective areas. In the development of such plans or 
amendments and their implementing regulations, the Councils are 
required by law to conduct public hearings on the draft plans and 
to consider the use of alternative means of regulating.

     The Council process for developing FMPs and amendments makes 
it difficult for NMFS to determine the significance and timing of 
some regulatory actions under consideration by the Councils at the 
time the semiannual regulatory agenda is published.

     The Department's spring 2009 regulatory agenda follows.

 Michael A. Levitt,

Assistant General Counsel for Legislation and Regulation.

[[Page 21889]]



                              International Trade Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
56          Commercial Availability of Fabric and Yarn............................................    0625-AA59
----------------------------------------------------------------------------------------------------------------


                      National Oceanic and Atmospheric Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
57          Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery..    0648-AR63
58          Amendment 1 to the Fishery Management Plan for the Tilefish Fishery...................    0648-AS25
59          Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes....................    0648-AS49
60          Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of         0648-AS65
            Mexico................................................................................
61          American Lobster Fishery; Fishing Effort Control Measures to Complement Interstate        0648-AT31
            Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission.
62          Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan..    0648-AT58
63          South Atlantic Fishery Ecosystem Plan Comprehensive Amendment.........................    0648-AV31
64          Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch      0648-AV51
            of Protected Living Marine Resources..................................................
65          Collection and Use of Tax Identification Numbers From Holders of and Applicants for       0648-AV76
            National Marine Fisheries Service Permits.............................................
66          Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery     0648-AW11
            Management Plan.......................................................................
67          Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery    0648-AW12
            Management Plan.......................................................................
68          Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico     0648-AW15
            and the U.S. Virgin Islands...........................................................
69          Amendment 7 to the South Atlantic Shrimp Fishery Management Plan......................    0648-AW19
70          Marine Mammal Protection Act Stranding Regulation Revisions...........................    0648-AW22
71          Revise Regulations Governing the North Pacific Groundfish Observer Program............    0648-AW24
72          Amendment 3 to the Northeast Skate Complex Fishery Management Plan....................    0648-AW30
73          Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to      0648-AW49
            the Pelagics Fishery Management Plan; Shallow-Set Longline Swordfish Fishery..........
74          Fisheries in the Western Pacific; Compensation to Northwestern Hawaiian Islands           0648-AW52
            Bottomfish and Lobster Fishermen Due to Fishery Closure in the Papahanaumokuakea
            Marine National Monument..............................................................
75          Atlantic Highly Migratory Species; Atlantic Shark Management Measures.................    0648-AW65
76          Amendment 4 to the Atlantic Herring Fishery Management Plan...........................    0648-AW75
77          Halibut Charter Vessel Moratorium.....................................................    0648-AW92
78          Allowable Modifications to the Turtle Excluder Device (TED) Requirements..............    0648-AW93
79          Regulatory Amendment (No. 3) to Correct and Clarify Amendment 13 and Subsequent           0648-AW95
            Frameworks of the Northeast Multispecies Fishery Management Plan......................
80          Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan......    0648-AX05
81          Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas....    0648-AX07
82          Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of        0648-AX39
            Mexico................................................................................
83          Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska......    0648-AX42
84          Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AX47
            and Tanner Crabs Arbitration Regulations..............................................
85          U.S. Citizen Definition...............................................................    0648-AX52
86          2009 Specifications and Management Measures for the Spiny Dogfish Fishery Management      0648-AX57
            Plan..................................................................................
87          Reef Fish Amendment 31 To Reduce the Number of Loggerhead Sea Turtles by the Eastern      0648-AX67
            Gulf of Mexico Bottom Longline Fishery................................................
88          2009 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures.......    0648-AX69
89          Reef Fish Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of     0648-AX73
            the Gulf of Mexico: Measure to Establish the Edges Seasonal-Area Closure..............
90          Protective Regulations for Killer Whales in the Northwest Region Under the Endangered     0648-AV15
            Species Act and Marine Mammal Protection Act..........................................
91          Marine Mammal Protection Act Permit Regulation Revisions..............................    0648-AV82
92          Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct            0648-AV94
            Population Segment of North American Green Sturgeon...................................
93          Harbor Porpoise Take Reduction Plan Measures..........................................    0648-AW51
94          Rule to Revise Leatherback Critical Habitat...........................................    0648-AX06
----------------------------------------------------------------------------------------------------------------


[[Page 21890]]


                        National Oceanic and Atmospheric Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
95          Revisions to the Scientific Research Activity, Exempted Fishing, and Exempted             0648-AR78
            Educational Activity Regulations......................................................
96          Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries..............    0648-AS71
97          Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught By     0648-AV32
            the Non-American Fishing Act Trawl Catcher Processor Sector...........................
98          Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)           0648-AV53
            Environmental Review Procedure........................................................
99          American Lobster Data Collection and Broodstock Protection Measures...................    0648-AV77
100         Establish a Permit Fee Collection Framework Under the Fishery Management Plan for U.S.    0648-AW50
            West Coast Fisheries for Highly Migratory Species (HMS FMP)...........................
101         Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the        0648-AW64
            South Atlantic Region.................................................................
102         Amendment 27 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and      0648-AW73
            Tanner Crabs..........................................................................
103         Amendment 28 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AW97
            and Tanner Crab.......................................................................
104         Atlantic Highly Migratory Species (HMS); 2009 Atlantic Bluefin Tuna Quota                 0648-AX12
            Specifications and Management Measures................................................
105         Amendment 92 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish    0648-AX14
            and Amendment 82 to the Fishery Management Plan for Gulf of Alaska Groundfish.........
106         One-Fish Daily Bag Limit for the Guided Sport Charter Vessel Fishery for Halibut in       0648-AX17
            Regulatory Area 2C....................................................................
107         Amendment 90 to the Fishery Management Plan for Bering Sea/Aleutian Islands Groundfish    0648-AX25
            and Amendment 78 to the Fishery Management Plan for Gulf of Alaska Groundfish.........
108         2009 Atlantic Bluefish Specifications.................................................    0648-AX49
109         Provide Regulations for Permits for Capture, Transport, Import, and Export of             0648-AH26
            Protected Species for Public Display, and for Maintaining a Captive Marine Mammal
            Inventory.............................................................................
110         Atlantic Pelagic Longline Take Reduction Plan.........................................    0648-AV65
111         Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment       0648-AV74
            (DPS) of Guided Smalltooth Sawfish....................................................
112         Rulemaking to Designate Critical Habitat for the Gulf of Maine Distinct Population        0648-AW77
            Segment of Atlantic Salmon............................................................
113         Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct             0648-AX04
            Population Segment of North American Green Sturgeon...................................
----------------------------------------------------------------------------------------------------------------


                       National Oceanic and Atmospheric Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
114         Require Mandatory Observer Coverage in the At-Sea Processing Sector of the Whiting        0648-AK26
            Fishery...............................................................................
115         Bering Sea and Aleutian Islands Amendment 73 and Gulf of Alaska Amendment 77              0648-AU20
            Groundfish Fishery Management Plans to Revise Management Authority of Dark Rockfish...
116         Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the        0648-AU28
            South Atlantic Region.................................................................
117         Framework 4 to the Fishery Management Plan for Monkfish...............................    0648-AU34
118         Amendment 15 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan.    0648-AU36
119         Approval of Operations Plan for the Georges Bank Fixed Gear Sector for 2007-2008......    0648-AU61
120         Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical          0648-AU79
            Pacific Ocean.........................................................................
121         Revision to Allowable Bycatch Reduction Devices for the Gulf of Mexico Shrimp Fishery.    0648-AV14
122         Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries;           0648-AV28
            Management Measures for the Northern Mariana Islands..................................
123         Guidance for Annual Catch Limits and Accountability Measures to End Overfishing.......    0648-AV60
124         Rule to Implement a Minimum Possession Size Limit on Spiny Lobster (Panulirus argus)..    0648-AV61
125         General Provisions for Domestic Fisheries; Specifications for Boarding Ladders........    0648-AV78
126         Gulf Reef Fish Amendment 30B..........................................................    0648-AV80
127         Amendment 3 to the Fishery Management Plan for the Spiny Lobster Fishery of Puerto        0648-AV98
            Rico and the U.S. Virgin Islands and Amendment 4 to the Reef Fish Fishery Management
            Plan of Puerto Rico and the U.S.......................................................
128         Amendment 15 to the Pacific Coast Groundfish Fishery Management Plan: Limited Entry       0648-AW08
            Program for the Pacific Whiting Fishery...............................................
129         Revise Maximum Retainable Amounts (MRA) of Groundfish in the Gulf of Alaska Arrowtooth    0648-AW40
            Flounder Fishery......................................................................
130         Revisions to the Pollock Trip Limit Regulations in the Gulf of Alaska.................    0648-AW54
131         Amendment to the Bottlenose Dolphin Take Reduction Plan...............................    0648-AW68
132         Referendum Procedures for a Potential Gulf of Mexico Grouper and Tilefish Individual      0648-AW85
            Fishing Quota (IFQ) Program...........................................................

[[Page 21891]]

 
133         Interim Action to Reduce Fishing Mortality and Maintain Stock Rebuilding; Northeast       0648-AW87
            Multispecies Fishery..................................................................
134         Seabird Avoidance Requirements Revisions for Hook-and-Line Vessels in International       0648-AW94
            Pacific Halibut Commission Regulatory Area 4E.........................................
135         Regulatory Amendment to Exempt Dinglebar Fishermen in the Gulf of Alaska from Vessel      0648-AX01
            Monitoring System Requirements........................................................
136         2009 Atlantic Mackerel, Squid, and Butterfish Specifications and Management Measures..    0648-AX16
137         Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Main      0648-AX22
            Hawaiian Islands; 2008-09 Bottomfish Total Allowable Catch............................
138         Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast           0648-AX24
            Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures.........
139         2009 Pacific Halibut Fisheries; Catch Sharing Plan....................................    0648-AX44
140         Virginia Modified Pound Net Leader Inspection Program.................................    0648-AU98
141         Endangered and Threatened Species; Designation of Critical Habitat for Elkhorn and        0648-AV35
            Staghorn Corals.......................................................................
----------------------------------------------------------------------------------------------------------------


                                 Patent and Trademark Office--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
142         Examination of Patent Applications That Include Claims Containing Alternative Language    0651-AC00
143         Fiscal Year 2009 Revision of Request for Continued Examination, Eighteen-Month            0651-AC29
            Publication, and Other Miscellaneous Cost-Recovery Patent Fees........................
----------------------------------------------------------------------------------------------------------------


                                 Patent and Trademark Office--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
144         Fiscal Year 2009 Changes to Patent Cooperation Treaty Search Fees.....................    0651-AC28
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Commerce (DOC)                          Long-Term Actions


International Trade Administration (ITA)



_______________________________________________________________________



56. COMMERCIAL AVAILABILITY OF FABRIC AND YARN

Legal Authority: PL 106-200, sec 112(b)(5)(B); PL 106-200, sec 211; EO 
13191; PL 107-210, sec 3103

Abstract: This rule implements certain provisions of the Trade and 
Development Act of 2000 (the Act). Title I of the Act (the African 
Growth and Opportunity Act or AGOA), title II of the Act (the United 
States-Caribbean Basin Trade Partnership Act or CBTPA), and title XXXI 
of the Trade Act of 2002 (the Andean Trade Promotion and Drug 
Eradication Act or ATPDEA) provide for quota- and duty-free treatment 
for qualifying apparel products from designated beneficiary countries. 
AGOA and CBTPA authorize quota- and duty-free treatment for apparel 
articles that are both cut (or knit-to-shape) and sewn or otherwise 
assembled in one or more designated beneficiary countries from yarn or 
fabric that is not formed in the United States or a beneficiary 
country, provided it has been determined that such yarn or fabric 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. The President has delegated to the Committee for the 
Implementation of Textile Agreements (the Committee), which is chaired 
by Commerce, the authority to determine whether yarn or fabric cannot 
be supplied by the domestic industry in commercial quantities in a 
timely manner under the AGOA, the ATPDEA, and the CBTPA, and has 
authorized the Committee to extend quota- and duty-free treatment to 
apparel of such yarn or fabric. The rule provides the procedure for 
interested parties to submit a request alleging that a yarn or fabric 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner, the procedure for public comments, and relevant 
factors that will be considered in the Committee's determination. The 
rule also outlines the factors to be considered by the Committee in 
extending quota- and duty-free treatment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Janet Heinzen

[[Page 21892]]

Phone: 202 482-4006
Email: janet_heinzen@ita.doc.gov

RIN: 0625-AA59
_______________________________________________________________________


Department of Commerce (DOC)                        Proposed Rule Stage


National Oceanic and Atmospheric Administration (NOAA)



_______________________________________________________________________



NATIONAL MARINE FISHERIES SERVICE


                    ________________________________


57. MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE-BASED PACIFIC 
WHITING FISHERY

Legal Authority: 16 USC 1801 et seq

Abstract: The Pacific Fishery Management Council (Pacific Council) at 
their October 21-25, 1996, meeting in San Francisco, California 
addressed the treatment and disposition of salmon in the groundfish 
trawl fisheries, specifically the shore-based whiting fishery. At that 
meeting, the Pacific Council discussed the retention of salmon in the 
shore-based whiting fishery and took action to maintain a viable shore-
based whiting fishery by using exempted fishing permits (EFPs). These 
EFPs allowed the shore-based whiting fleet to temporarily deliver 
unsorted catch to processing plants and provided for the monitoring of 
incidentally taken salmon until a permanent monitoring program could be 
implemented. In keeping with the Pacific Council's recommendation, NMFS 
is proceeding with implementing a monitoring program for the shore-
based whiting fishery. This action will aid in the sustainable 
management of Pacific Coast salmon and groundfish fisheries while 
providing an important economic opportunity to those associated with 
the harvest, processing, and selling of whiting taken by the shore-
based whiting fleet. The need for implementing a permanent monitoring 
program in the shore-based Pacific whiting fishery is to provide for a 
full retention fishery by enabling the shore-based whiting fleet, 
comprised exclusively of catcher vessels, to deliver unsorted catch to 
processing plants. This practice is necessary to ensure that whiting 
landings are of market quality, while abiding by Federal groundfish 
regulations and those implementing the Pacific Coast salmon and 
groundfish fishery management plans (FMPs).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
NPRM Comment Period End         07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thom Barry, Regional Administrator, Northwest Region, 
NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115-
0070
Phone: 206 526-6150
Fax: 206 526-6426

RIN: 0648-AR63
_______________________________________________________________________



58. AMENDMENT 1 TO THE FISHERY MANAGEMENT PLAN FOR THE TILEFISH FISHERY

Legal Authority: 16 USC 1801 et seq

Abstract: Amendment 1 to the Fishery Management Plan for the Tilefish 
Fishery would implement Individual Fishing Quotas in the tilefish 
fishery.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200

RIN: 0648-AS25
_______________________________________________________________________



59. ATLANTIC HIGHLY MIGRATORY SPECIES (HMS); REDUCING SEA TURTLE TAKES

Legal Authority: 16 USC 971; 16 USC 1801 et seq

Abstract: This action would amend the regulations governing the 
Atlantic pelagic longline fishery based upon a June 1, 2004, Biological 
Opinion regarding Atlantic sea turtles. This amendment could include 
framework mechanisms that would allow the Agency to take action, such 
as partial or rolling closures or gear or effort restrictions, if the 
number of sea turtle interactions or mortalities exceed anticipated 
levels during a certain period of time. This action would not change 
established quotas for target species.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/12/04                    69 FR 49858
ANPRM Comment Period End        10/12/04
NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 
20910
Phone: 301 713-2334

RIN: 0648-AS49
_______________________________________________________________________



60. FISHERY MANAGEMENT PLAN FOR REGULATING OFFSHORE MARINE AQUACULTURE 
IN THE GULF OF MEXICO

Legal Authority: 16 USC 1801 et seq

Abstract: The purpose of the amendment is to develop a regulatory 
permitting process for regulating and promoting environmentally sound 
and economically sustainable aquaculture in the Gulf Exclusive Economic 
Zone. Management actions include: (1) Types of aquaculture permits 
required; (2) duration aquaculture permits are effective; (3) 
conditions for permit issuance; (4) species allowed for aquaculture; 
(5) allowable aquaculture

[[Page 21893]]

systems; (6) siting requirements and conditions; (7) restricted access 
zones for aquaculture facilities; (8) recordkeeping and reporting 
requirements; and (9) biological reference points and status 
determination criteria; and (10) framework procedures for modifying 
status determination criteria and regulatory measures.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AS65
_______________________________________________________________________



61. AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO 
COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC 
STATES MARINE FISHERIES COMMISSION

Legal Authority: 16 USC 5101 et seq

Abstract: The National Marine Fisheries Service announces that it is 
considering, and seeking public comment on, revisions to Federal 
American Lobster regulations for the Exclusive Economic Zone (EEZ) 
associated with effort control measures as recommended for Federal 
implementation by the Atlantic States Marine Fisheries Commission 
(ASFMC) as outlined in the Interstate Fishery Management Plan (ISFMP) 
for American Lobster. This action will evaluate effort control measures 
in certain Lobster Conservation Management Areas including: Limits on 
future access based on historic participation criteria; procedures to 
allow trap transfers among qualifiers and impose a trap reduction or 
conservation tax on any trap transfers; and a trap reduction schedule 
to meet the goals of the ISFMP.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/10/05                    70 FR 24495
ANPRM Comment Period End        06/09/05
NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200

RIN: 0648-AT31
_______________________________________________________________________



62. AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY 
MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: This action would implement a rebuilding program for 
butterfish.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/09
NPRM Comment Period End         07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200

RIN: 0648-AT58
_______________________________________________________________________



63. SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT

Legal Authority: 16 USC 1801 et seq

Abstract: The purpose of this action is to develop an ecosystem-based 
approach to resource management. The South Atlantic Council plans to 
develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which 
would modify all its Fishery Management Plans (FMPs). The initial 
amendment would include the following actions: (1) various actions to 
comply with new essential fish habitat requirements; (2) establishment 
of deep water coral Habitat Areas of Particular Concern, with possible 
gear limitations, such as the establishment of allowable trawl areas; 
and (3) other possible actions necessary to implement ecosystem-based 
fishery management.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AV31
_______________________________________________________________________



64. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN IUU 
FISHING OR BYCATCH OF PROTECTED LIVING MARINE RESOURCES

Legal Authority: 16 USC 1801 et seq; 16 USC 1826d to 1826k

Abstract: The National Marine Fisheries Service is establishing a 
process of identification and certification to address illegal, 
unreported, or unregulated (IUU) activities and bycatch of protected 
species in international fisheries. Nations whose fishing vessels 
engage, or have been engaged, in IUU fishing or bycatch of protected 
living marine resources would be identified in a biennial report to 
Congress, as required under Section 403 of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act (MSRA) of 2006. NMFS 
would subsequently certify whether identified nations have taken 
appropriate corrective action with respect to the activities of its 
fishing vessels, as required under Section 403 of MSRA.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/11/07                    72 FR 32052
NPRM                            01/14/09                     74 FR 2019
NPRM Comment Period End         05/14/09
Final Action                    11/00/09

[[Page 21894]]

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christopher Rogers, Division Chief, Department of 
Commerce, National Oceanic and Atmospheric Administration, 1315 East-
West Highway, Silver Spring, MD 20910
Phone: 301 713-9090
Email: christopher.rogers@noaa.gov

RIN: 0648-AV51
_______________________________________________________________________



65. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND 
APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS

Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 
16 USC 1531 et seq

Abstract: In conformance with the Debt Collection Improvement Act of 
1996 (Debt Collection Act), the National Marine Fisheries Service 
(NMFS) will issue a rule to require that each existing holder of and 
future applicant for a permit, license, endorsement, authorization, 
transfer or like instrument issued by the agency to provide a Taxpayer 
Identification Number (TIN) (business' employer identification number 
or individual's social security number) and Date of Incorporation or 
Date of Birth, as appropriate. Under the Debt Collection Act, NMFS is 
required to collect the TIN to report on and collect any delinquent 
non-tax debt owed to the Federal Government. NMFS plans to use Date of 
Incorporation or Date of Birth information for administrative aspects 
of permitting procedures with appropriate confidentiality safeguards 
pursuant to the Privacy Act. The rule will specify (a) the particular 
uses that may be made of the reported TIN, (b) the effects, if any, of 
not providing the required information, (c) how the information will be 
used to ascertain if the permit holder or applicant owes delinquent 
non-tax debt to the Government pursuant to the Debt Collection Act, (d) 
the effects on the permit holder or applicant when such delinquent 
debts are owed, and (e) the agency's intended communications with the 
permit holder or applicant regarding the relationship of such 
delinquent debts to its permitting process and the need to resolve such 
debts as a basis for completing permit issuance or renewal. The rule 
will amend existing agency permit regulations and contain all 
appropriate modified and new collections-of-information pursuant to the 
Paperwork Reduction Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 
20910
Phone: 301 713-2334

RIN: 0648-AV76
_______________________________________________________________________



66. AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 
SNAPPER GROUPER FISHERY MANAGEMENT PLAN.

Legal Authority: 16 USC 1801

Abstract: Amendment 17 is intended to: establish management reference 
points (MSY, OY) for red snapper; establish a rebuilding plan 
(rebuilding timeframe and rebuilding strategy) for red snapper; specify 
Annual Catch Limits (ACL), Annual Catch Targets (ACT), and 
Accountability Measures (AM) for 10 species undergoing overfishing; and 
modify management measures to ensure future catch is equal to or below 
the ACL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/09
NPRM Comment Period End         12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW11
_______________________________________________________________________



67. AMENDMENT 15B TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 
SNAPPER GROUPER FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801

Abstract: Amendment 15B would assess the practicability of prohibiting 
the sale of recreationally caught fish; assess the practicability of 
changes to the renewal period on commercial snapper grouper permits; 
assess the practicability of allowing one-to-one transfer of commercial 
permits from an individual to a family-held corporation; implement a 
plan to monitor and assess bycatch; implement measures to minimize the 
impacts of incidental take on sea turtles and smalltooth sawfish; 
update management reference points for golden tilefish; and define 
allocation for snowy grouper and black sea bass.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09
NPRM Comment Period End         06/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW12
_______________________________________________________________________



68. AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN CONCH 
FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS

Legal Authority: 16 USC 1801

Abstract: St. Croix queen conch landings by commercial fishermen alone 
have exceeded sustainable harvest levels since the 2000-2001 fishing 
season. In 2005-2006, the commercial harvest was over four times 
sustainable levels. Additionally, there is an unknown but significant 
recreational harvest. Overfishing of queen conch has led to resource 
collapse in other regions and in some cases, long-term resource loss. 
According to the NMFS Report on the Status of the U.S. Fisheries for 
2006, queen conch is overfished and

[[Page 21895]]

undergoing overfishing. Under current fishing practices, reductions in 
mortality are not expected to be sufficient in the queen conch fishery. 
Without a reduction in mortality, queen conch are not expected to 
achieve the rebuilding goals established in the Sustainable Fisheries 
Amendment of 2005. Therefore, a change in fishing practices is needed 
to help achieve the necessary reductions in queen conch fishing 
mortality.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                10/11/07                    72 FR 58057
NPRM                            10/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW15
_______________________________________________________________________



69. AMENDMENT 7 TO THE SOUTH ATLANTIC SHRIMP FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: The South Atlantic Fishery Management Council is proposing to 
take action to maintain a viable rock shrimp fishery in the South 
Atlantic region. Actions in the amendment would: 1) Remove the 15,000-
pound landing requirement; 2) reinstate all endorsements lost due to 
not meeting the landing requirement in one of four consecutive calendar 
years; 3) reinstate limited access endorsements for vessel owners who 
renewed their open access permit in the year in which they failed to 
renew their limited access endorsement; 4) rename the limited access 
endorsement and the open access permit of the existing permit system to 
reduce confusion; and 5) require all South Atlantic shrimp permit 
holders to provide economic data if selected.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW19
_______________________________________________________________________



70. MARINE MAMMAL PROTECTION ACT STRANDING REGULATION REVISIONS

Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421

Abstract: The National Marine Fisheries Service (NMFS) is considering 
proposing changes to its implementing regulations (50 CFR section 216) 
governing the taking of stranded marine mammals under section 109(h), 
section 112(c), and title IV of the Marine Mammal Protection Act and is 
soliciting public comment to better inform the process. NMFS intends 
clarify the requirements and procedures for responding to stranded 
marine mammals and for determining the disposition of rehabilitated 
marine mammals, which includes the procedures for the placement of non-
releasable animals and for authorizing the retention of releasable 
rehabilitated marine mammals for scientific research, enhancement, or 
public display. This action will be analyzed under the National 
Environmental Policy Act with an Environmental Assessment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/31/08                     73 FR 5786
ANPRM Comment Period End        03/31/08
NPRM                            10/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David Cottingham, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910
Phone: 301 713-2322
Email: david.cottingham@noaa.gov

RIN: 0648-AW22
_______________________________________________________________________



71. REVISE REGULATIONS GOVERNING THE NORTH PACIFIC GROUNDFISH OBSERVER 
PROGRAM

Legal Authority: 118 Stat 110; 16 USC 773 et seq; 16 USC 1801 et seq; 
16 USC 3631 et seq; PL 108-199

Abstract: This rulemaking would revise Federal regulations relevant to 
numerous administrative and procedural requirements applicable to 
observer providers, observers, and industry participating in the North 
Pacific Groundfish Observer Program. Specifically, this action would: 
modify the current permit issuance process so that observer and 
observer provider permit issuance is a discretionary National Marine 
Fisheries Service (NMFS) decision; amend current Federal regulations 
addressing observer behavior involving drugs, alcohol, and physical 
sexual conduct to remove NMFS oversight of observer behavior that does 
not affect job performance; require that observer providers submit 
policies related to these activities and continue to notify NMFS upon 
learning of an incident; revise Federal regulations so that observer 
providers are allowed to provide observers or technical staff for 
purposes of exempted fishing permits, scientific research permits, or 
other scientific research activities; revise the definition of 
``fishing day'' in Federal regulations; require observer providers to 
annually submit detailed economic information to NMFS; specify a date 
by which observers who have collected data in the previous fishing year 
would be required to be available for debriefing; and implement 
housekeeping issues related to errors or clarifications in existing 
regulations at 50 CFR 679.50.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/09
NPRM Comment Period End         05/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249

RIN: 0648-AW24

[[Page 21896]]

_______________________________________________________________________



72. AMENDMENT 3 TO THE NORTHEAST SKATE COMPLEX FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801

Abstract: Amendment 3 is intended to address the overfished status of 
winter, thorny, and smooth skates, and end overfishing of thorny 
skates. It will establish a rebuilding program for winter and smooth 
skates, and modify the Skate FMP to reduce fishing mortality on the 
entire skate complex. Additionally, Amendment 3 will implement annual 
catch limits and accountability measures, consistent with the 
requirements of the reauthorized Magnuson-Stevens Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/09
NPRM Comment Period End         11/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200

RIN: 0648-AW30
_______________________________________________________________________



73. FISHERIES IN THE WESTERN PACIFIC; WESTERN PACIFIC PELAGIC FISHERIES; 
AMENDMENT 18 TO THE PELAGICS FISHERY MANAGEMENT PLAN; SHALLOW-SET 
LONGLINE SWORDFISH FISHERY

Legal Authority: 16 USC 1801

Abstract: Amendment 18 would remove the annual limit on the number of 
fishing gear deployments (sets) for the Hawaii-based pelagic longline 
fishery. The amendment would also revise the current maximum limit on 
the number of physical interactions that occur annually between 
loggerhead sea turtles and vessels registered for use under Hawaii 
longline limited access permits while shallow-setting. Other measures 
currently applicable to the fishery would remain unchanged. Amendment 
18 is intended to increase opportunities for the shallow-set fishery to 
sustainably harvest swordfish and other fish species, without 
jeopardizing the continued existence of sea turtles and other protected 
resources.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/20/09                    74 FR 11518
NPRM Comment Period End         05/18/09
Final Action                    07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alvin Katekaru, Assistant Regional Administrator, 
Sustainable Fisheries, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 
96814
Phone: 808 944-2207

RIN: 0648-AW49
_______________________________________________________________________



74. FISHERIES IN THE WESTERN PACIFIC; COMPENSATION TO NORTHWESTERN 
HAWAIIAN ISLANDS BOTTOMFISH AND LOBSTER FISHERMEN DUE TO FISHERY CLOSURE 
IN THE PAPAHANAUMOKUAKEA MARINE NATIONAL MONUMENT

Legal Authority: PL 110-161

Abstract: The Consolidated Appropriations Act of 2008 authorizes the 
Secretary of Commerce to provide compensation to bottomfish and lobster 
fishery participants who will be displaced by the 2011 fishery closure 
resulting from the establishment by Presidential Proclamation of the 
Papahanaumokuakea Marine National Monument, Northwestern Hawaiian 
Islands. The National Marine Fisheries Service (NMFS) (designee of the 
Secretary) is required to promulgate regulations to implement a 
voluntary capacity reduction program that: (1) identifies eligible 
participants as those individuals holding Federal fishing permits for 
lobster or bottomfish in the designated waters within the monument; (2) 
provides a mechanism to compensate eligible participants for no more 
than the economic value of their permits; and (3) at the option of each 
eligible permit holder, provides an optional mechanism for additional 
compensation based on the value of the fishing vessel and gear of 
eligible participants who decide to receive these additional funds, 
provided that the vessels of such participants will not be used for 
fishing. For this purpose, $6,697,500 is authorized to be appropriated 
to the NMFS for FY 2008.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/07/09                    74 FR 15685
NPRM Comment Period End         05/04/09
Final Action                    07/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alvin Katekaru, Assistant Regional Administrator, 
Sustainable Fisheries, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 
96814
Phone: 808 944-2207

RIN: 0648-AW52
_______________________________________________________________________



75. ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT 
MEASURES

Legal Authority: 16 USC 1801 et seq

Abstract: This rule would evaluate the management measures for small 
coastal sharks (SCS) based on the results of the 2007 SCS stock 
assessment. This rulemaking could consider, among other things, 
commercial quotas and trip limits, recreational minimum size and bag 
limits, time/area closures, and the public display quota. In addition, 
this rule would implement a rebuilding plan for blacknose sharks. To 
the extent that blacknose sharks are caught in fisheries that are not 
targeted highly migratory species fisheries, the National Marine 
Fisheries Service (NMFS) will work with the appropriate Regional 
Fishery Management Council, Interstate Commission, and States to 
implement regulations through their processes to rebuild blacknose 
sharks. This action is necessary in light of recent stock assessments, 
which have determined that blacknose sharks are overfished with 
overfishing occurring. As needed, this rule may include others items to 
clarify existing regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                05/07/08                    73 FR 25665
Notice of Scoping Meetings and 
Extension of Comment Period     07/02/08                    73 FR 37932
Notice of Intent Comment Period 
End                             08/05/08

[[Page 21897]]

Notice of Intent Comment Period 
Extended--Second Extension      10/29/08                    73 FR 64307
Notice of Intent Comment Period 
Extension End                   10/31/08
Second Extension Comment Period 
End                             11/14/08
NPRM                            10/00/09
NPRM Comment Period End         11/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Margo Schulze-Haugen, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910
Phone: 301 713-0234
Email: margo.schulze-haugen@noaa.gov

RIN: 0648-AW65
_______________________________________________________________________



76. AMENDMENT 4 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: The goal of Amendment 4 is to improve catch monitoring and 
ensure compliance with the Reauthorized Magnuson-Stevens Fishery 
Conservation and Management Act (MSRA). The management measures 
developed in this amendment may address one or more of the following 
objectives: (1) to implement measures to improve the long-term 
monitoring of catch (landings and bycatch) in the herring fishery; (2) 
to implement annual catch limits and accountability measures consistent 
with the MSRA; (3)to implement other management measures as necessary 
to ensure compliance with the new provisions of the MSRA; (4) to 
develop a sector allocation process or other limited access privilege 
program for the herring fishery; and (5) in the context of objectives 
1-4 (above), to consider the health of the herring resource and the 
important role of herring as a forage fish and a predator fish 
throughout its range.
The New England Fishery Management Council will develop conservation 
and management measures to address the issues identified above and meet 
the goals/objectives of the amendment. Any conservation and management 
measures developed in this amendment also must comply with all 
applicable laws.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NOI To Prepare an EIS           05/08/08                    73 FR 26082
NPRM                            10/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200

RIN: 0648-AW75
_______________________________________________________________________



77. HALIBUT CHARTER VESSEL MORATORIUM

Legal Authority: 16 USC 773-773k

Abstract: This action would implement a moratorium on the entry of 
additional charter vessels into the guided sport fishery for Pacific 
halibut in waters of International Pacific Halibut Commission 
regulatory areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). 
If approved, this moratorium would limit the number of charter vessels 
that may participate in the guided sport fishery for halibut in these 
areas. NMFS would issue a moratorium permit to a licensed charter 
vessel fishing business owner based on his or her past participation in 
the charter vessel fishery for halibut and to a Community Quota Entity 
representing specific rural communities. All moratorium permit holders 
would be subject to limits on the number of permits they could hold and 
on the number of charter vessel anglers who could catch and retain 
halibut on the permitted charter vessel. This action is proposed to 
achieve the halibut fishery management goals of the North Pacific 
Fishery Management Council. The intended effect is to curtail growth of 
fishing capacity in the guided sport fishery for halibut.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

_____________________________________________

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