, 64395-64419 [E9-28588]

Download as PDF Monday, December 7, 2009 Part IV Department of Commerce erowe on DSK5CLS3C1PROD with RULES Semiannual Regulatory Agenda VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07DER7.SGM 07DER7 64396 Federal Register / Vol. 74, No. 233 / Monday, December 7, 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 erowe on DSK5CLS3C1PROD with RULES Fall 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 spring 2009 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 fall 2009 regulatory agenda includes regulatory activities that are expected to be conducted during the period October 1, 2009, through September 30, 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 15:12 Dec 04, 2009 Jkt 220001 Executive Order 12866 requires agencies to publish an agenda of those regulations that are under consideration pursuant to this order. By memorandum of August 6, 2009, the Office of Management and Budget issued guidelines and procedures for the preparation and publication of the fall 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. For this edition of the Department of Commerce’s regulatory agenda, the most important significant regulatory actions and a Statement of Regulatory Priorities are included in The Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register that includes the Unified Agenda. 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 (5U.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 SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 in the Unified Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory 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 E:\FR\FM\07DER7.SGM 07DER7 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda 64397 DOC significance and timing of some regulatory actions under consideration by the Councils at the time the semiannual regulatory agenda is published. The Department’s fall 2009 regulatory agenda follows. Cameron F. Kerry, General Counsel. International Trade Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 233 Commercial Availability of Fabric and Yarn .................................................................................................................. 0625–AA59 National Oceanic and Atmospheric Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 234 235 236 237 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ........................................ American Lobster Fishery; Effort Control Measures ..................................................................................................... South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ......................................................................... 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 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands .......................................................................................................................................................................... Marine Mammal Protection Act Stranding Regulation Revisions ................................................................................. Amendment 3 to the Northeast Skate Complex Fishery Management Plan ................................................................ Amendment 4 to the Atlantic Herring Fishery Management Plan ................................................................................ Allowable Modifications to the Turtle Excluder Device (TED) Requirements ............................................................... Regulatory Amendment (ι3) 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 ............................................... Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations .................................................................................................................................................... Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico ...................... Salmon Bycatch Reduction Management Measures for the Fishery Management Plan (FMP) 91 in the Bering Sea Aleutian Islands ........................................................................................................................................................... 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ....................................... Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific Coast Groundfish Fishery .................................................................................................................................... Generic Amendment for Annual Catch Limits ............................................................................................................... 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 ........................................................................................................................................... Rule to Revise Leatherback Critical Habitat ................................................................................................................. 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 0648–AR63 0648–AT31 0648–AV31 0648–AV76 0648–AW11 0648–AW15 0648–AW22 0648–AW30 0648–AW75 0648–AW93 0648–AW95 0648–AX05 0648–AX47 0648–AX67 0648–AX89 0648–AY04 0648–AY17 0648–AY22 0648–AV15 0648–AV82 0648–AV94 0648–AX06 National Oceanic and Atmospheric Administration—Final Rule Stage Regulation Identifier Number erowe on DSK5CLS3C1PROD with RULES Sequence Number Title 256 257 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 .............................................................................................................. Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported or Unregulated Fishing or Bycatch of Protected Living Marine Resources (Reg Plan Seq No. 34) ....................................................................... Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review Procedure .................................................................................................................................................................... Initial Implementation of the Western and Central Pacific Fisheries Convention Implementation Act ........................ 258 259 260 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER7.SGM 07DER7 0648–AS71 0648–AV32 0648–AV51 0648–AV53 0648–AV63 64398 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Final Rule Stage (Continued) Regulation Identifier Number Sequence Number Title 261 262 263 Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan Revise Regulations Governing the North Pacific Groundfish Observer Program ........................................................ Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery Management Plan; Shallow-set Longline Swordfish Fishery ............................................................................................. Atlantic Highly Migratory Species; Atlantic Shark Management Measures .................................................................. Halibut Charter Vessel Moratorium ............................................................................................................................... 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 ............................. Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of the Longline Catch Limits Adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission .......................................... Snapper-Grouper Fishery Management Plan of the South Atlantic ............................................................................. Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory .................................................................................. Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex .................................................................................... 264 265 266 267 268 269 270 271 272 0648–AW12 0648–AW24 0648–AW49 0648–AW65 0648–AW92 0648–AX07 0648–AX39 0648–AX59 0648–AX75 0648–AY00 0648–AH26 0648–AX86 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. National Oceanic and Atmospheric Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 273 Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .................................. 0648–AS65 National Oceanic and Atmospheric Administration—Completed Actions Regulation Identifier Number Sequence Number Title 274 275 276 277 278 279 280 Amendment 1 to the Fishery Management Plan for the Tilefish Fishery ..................................................................... Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes ........................................................................ Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... American Lobster Data Collection and Broodstock Protection Measures .................................................................... Amendment 7 to the South Atlantic Shrimp Fishery Management Plan ...................................................................... Fisheries Off West Coast States; Highly Migratory Species Fisheries ......................................................................... Fisheries in the Western Pacific; Compensation to Northwestern Hawaiian Islands Bottomfish and Lobster Fishermen Due to Fishery Closure in the Papahanaumokuakea Marine National Monument ............................................ 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 ................................................................................ Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska .............................................. 2009 Atlantic Bluefish Specifications ............................................................................................................................ Definition of U.S. Citizen ............................................................................................................................................... 2009 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan .......................... Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of Decisions of the Fifth Session of the Western and Central Pacific Fisheries Commission for Purse Seine Fisheries ....................................... 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 .......................................................................................... 281 282 283 284 285 erowe on DSK5CLS3C1PROD with RULES 286 287 288 289 290 291 292 293 294 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER7.SGM 07DER7 0648–AS25 0648–AS49 0648–AT58 0648–AV77 0648–AW19 0648–AW50 0648–AW52 0648–AW64 0648–AW73 0648–AW97 0648–AX12 0648–AX14 0648–AX17 0648–AX25 0648–AX42 0648–AX49 0648–AX52 0648–AX57 0648–AX60 0648–AX69 0648–AX73 64399 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Completed Actions (Continued) Regulation Identifier Number Sequence Number Title 295 Establish 2009 Fishery Specifications for Pacific Whiting; Pacific Groundfish Fishery; Biennial Specifications and Management Measures ............................................................................................................................................... Pacific Coast Groundfish Inseason Action for May 1, 2009 ......................................................................................... Establish a Control Date for the Reef Fish, Queen Conch, and Spiny Lobster Fisheries of Puerto Rico and the U.S. Virgin Islands ....................................................................................................................................................... Atlantic Pelagic Longline Take Reduction Plan ............................................................................................................ Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment (DPS) of Guided Smalltooth Sawfish ........................................................................................................................................................................ Harbor Porpoise Take Reduction Plan Regulations ..................................................................................................... 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 ........................................................................................................................................... 296 297 298 299 300 301 302 0648–AX77 0648–AX84 0648–AX92 0648–AV65 0648–AV74 0648–AW51 0648–AW77 0648–AX04 Patent and Trademark Office—Long-Term Actions Regulation Identifier Number Sequence Number Title 303 304 Examination of Patent Applications That Include Claims Containing Alternative Language ....................................... Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication, and Other Miscellaneous Cost-Recovery Patent Fees ........................................................................................................................................ Department of Commerce (DOC) International Trade Administration (ITA) 233. 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 erowe on DSK5CLS3C1PROD with RULES 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 apparel articles that are both cut (or VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Frm 00005 0651–AC29 Long-Term Actions 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 PO 00000 0651–AC00 Fmt 1254 Sfmt 1254 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 Phone: 202 482–4006 Email: janetlheinzen@ita.doc.gov RIN: 0625–AA59 E:\FR\FM\07DER7.SGM 07DER7 64400 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE 234. 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 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 salmon and groundfish fishery management plans (FMPs). erowe on DSK5CLS3C1PROD with RULES Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 07/00/10 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Proposed Rule Stage Agency Contact: Barry Thom, 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 Email: barry.thom@noaa.gov RIN: 0648–AR63 235. AMERICAN LOBSTER FISHERY; EFFORT CONTROL MEASURES 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. 236. 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 NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 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 Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 05/10/05 70 FR 24495 06/09/05 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AT31 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 237. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS Legal Authority: 16 USC 1361 et seq; 16 USC 1531 et seq; 31 USC 7701; 31 USC 1801 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 provide a Taxpayer Identification Number (TIN) (business’ employer identification number or individual’s E:\FR\FM\07DER7.SGM 07DER7 64401 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage 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-ofinformation pursuant to the Paperwork Reduction Act. Timetable: Action Date NPRM FR Cite 12/00/09 erowe on DSK5CLS3C1PROD with RULES 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 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AV76 238. 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 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. Action Date NPRM NPRM Comment Period End FR Cite 12/00/09 01/00/10 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 239. 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 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. Frm 00007 Action Date Notice of Intent NPRM NPRM Comment Period End Final Action FR Cite 10/11/07 72 FR 58057 12/00/09 01/00/10 01/00/10 Regulatory Flexibility Analysis Required: Yes Timetable: PO 00000 Timetable: Fmt 1254 Sfmt 1254 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 240. 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 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 ANPRM ANPRM Comment Period End NPRM FR Cite 01/31/08 73 FR 5786 03/31/08 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: David Cottingham, Department of Commerce, National Oceanic and Atmospheric E:\FR\FM\07DER7.SGM 07DER7 64402 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Fax: 301 713–2521 Email: david.cottingham@noaa.gov RIN: 0648–AW22 241. AMENDMENT 3 TO THE NORTHEAST SKATE COMPLEX FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: NMFS proposes regulations to implement measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP). Amendment 3 was developed by the New England Fishery Management Council (Council) to rebuild overfished skate stocks (thorny and smooth skates) and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act. Amendment 3 would establish an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and bait fisheries, seasonal quotas for the bait fishery, reduced possession limits, in-season possession limit triggers, and other measures to improve management of the skate fisheries. This rule also includes skate fishery specifications for fishing years (FY) 2010 through 2011. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 12/00/09 01/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov erowe on DSK5CLS3C1PROD with RULES RIN: 0648–AW30 242. 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 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 NOI To Prepare An EIS NPRM FR Cite 05/08/08 73 FR 26082 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AW75 243. 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, PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 and oval pipe for use in currentlyapproved 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 12/00/09 FR Cite 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 244. REGULATORY AMENDMENT (●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 maintain consistency with the intent of Amendment 13 and subsequent actions. Timetable: Action Date NPRM FR Cite 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AW95 E:\FR\FM\07DER7.SGM 07DER7 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage 245. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq 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. Timetable: Action Notice of Intent NPRM Date FR Cite 08/11/08 73 FR 46590 12/00/09 erowe on DSK5CLS3C1PROD with RULES Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AX05 246. 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 12/00/09 VerDate Nov<24>2008 64403 15:12 Dec 04, 2009 FR Cite 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 Email: doug.mecum@noaa.gov RIN: 0648–AX47 247. AMENDMENT 31 TO THE FISHERY MANAGEMENT PLAN FOR THE REEF FISH RESOURCES OF THE GULF OF MEXICO 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 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–AX67 Jkt 220001 FR Cite PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 248. ∑ SALMON BYCATCH REDUCTION MANAGEMENT MEASURES FOR THE FISHERY MANAGEMENT PLAN (FMP) 91 IN THE BERING SEA ALEUTIAN ISLANDS Legal Authority: 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et seq; PL 108–447 Abstract: This fishery management plan amendment and rulemaking will implement the North Pacific Fishery Management Council’s recommendations for management measures to minimize to the extent practicable Chinook salmon bycatch in the Bering Sea pollock fishery. These management measures provide two options for the pollock sectors (e.g., inshore catcher vessels, offshore catcher-processors, catcher vessels delivering to motherships, or CDQ entities): fish under a lower Chinook salmon cap or participate in an incentive program and fish under a higher cap. Under the first option, the fleet as a whole may choose to fish under a transferable cap of 47,591 Chinook salmon, which would be allocated by season and sector. Once each sector reaches its specific cap, it would be prohibited from continuing to fish for pollock for the remainder of the season. Alternatively, vessels or CDQ entities may choose to participate in private contracts called incentive plan agreements (IPA) which would describe how participants would maintain low bycatch even when their bycatch levels are well below the hard cap approved. Those vessels or CDQ entities participating in an IPA would be allocated a transferable share of up to 60,000 Chinook salmon. This cap would be reduced for any vessels or CDQ entities not participating in an IPA and those vessels and CDQ entities would fish under a lower, nontransferable cap. In addition to the annual cap levels, if any sector operating under an IPA exceeds its proportion of 47,591 Chinook salmon three times in any seven-year period, the sector’s maximum bycatch limit will be permanently reduced to its proportional share of the 47,591 cap. If the FMP amendments and proposed rule are approved, fishing under the new Chinook salmon bycatch management measures would start in 2011. E:\FR\FM\07DER7.SGM 07DER7 64404 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Proposed Rule Stage Timetable: Action Date FMP Final Rule FMP FR Cite 12/00/09 08/00/10 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 Email: doug.mecum@noaa.gov of a camera and other sensors to monitor fishing activity in order to maintain the integrity of the maximized retention requirements found at 50 CFR 660.306 (f)(7). Maximized retention encourages full retention of all catch while allowing minor discard events to occur. This ensures that unsorted catch is available for observers to monitor on board the mothership processors and thereby maintain the integrity of data collected under the observer program. Timetable: Action Date NPRM NPRM Comment Period End RIN: 0648–AX89 FR Cite 12/00/09 01/00/10 Regulatory Flexibility Analysis Required: Yes 249. ∑ 2010 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES Legal Authority: 16 USC 1801 Abstract: This action will propose and implement the 2010 recreational management measures (minimum fish size, fishing seasons, and possession limits) for the summer flounder, scup, and black sea bass fisheries. 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 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov RIN: 0648–AY17 Timetable: Action Date NPRM FR Cite 04/00/10 251. ∑ GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS Legal Authority: 16 USC 1801 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov Abstract: The generic amendment is intended to modify five of the Council’s FMPs. These include FMPs for: Reef Fish Resources, Shrimp, Stone Crab, Coral and Coral Reef Resources, and Red Drum. NMFS and the Council will develop these ACLs in co-operation with the Scientific and Statistical Committee and the Southeast Fisheries Science Center. RIN: 0648–AY04 Timetable: Action 250. ∑ MAXIMIZED RETENTION MONITORING PROGRAM FOR CATCHER VESSELS IN THE PACIFIC WHITING MOTHERSHIP FISHERY IN THE PACIFIC COAST GROUNDFISH FISHERY erowe on DSK5CLS3C1PROD with RULES Legal Authority: 16 USC 1801 Abstract: The action would implement a monitoring program for catcher vessels in the mothership sector of the Pacific whiting fishery off the coast of Washington, Oregon, and California. The monitoring program would consist VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Date NPRM NPRM Comment Period End FR Cite 11/00/10 12/00/10 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 PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 Email: roy.crabtree@noaa.gov RIN: 0648–AY22 252. PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT 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 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 NPRM Comment Period Extended E:\FR\FM\07DER7.SGM 07DER7 FR Cite 03/22/07 72 FR 13464 04/23/07 07/29/09 74 FR 37674 10/19/09 74 FR 53454 64405 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Action Proposed Rule Stage Date NPRM Comment Period End NPRM Extended Comment Period End Final Action FR Cite Action 10/27/09 05/00/10 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 253. MARINE MAMMAL PROTECTION ACT PERMIT REGULATION REVISIONS Legal Authority: 16 USC 1374 erowe on DSK5CLS3C1PROD with RULES Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR 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. 15:12 Dec 04, 2009 Jkt 220001 Date ANPRM ANPRM Comment Period Extended ANPRM Comment Period End ANPRM Comment Period Extended NPRM 12/01/09 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 Timetable: FR Cite 09/13/07 72 FR 52339 10/15/07 72 FR 58279 Date FR Cite 12/13/07 72 FR 58279 12/00/09 Regulatory Flexibility Analysis Required: Yes 254. 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 section 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 Frm 00011 Timetable: Action NPRM NPRM Comment Period End 11/13/07 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 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AV82 PO 00000 a way that NMFS deems adequate to protect or conserve the Southern DPS. Fmt 1254 Sfmt 1254 12/00/09 01/00/10 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–AV94 255. RULE TO REVISE LEATHERBACK CRITICAL HABITAT Legal Authority: 16 USC 1531 et seq Abstract: The National Marine Fisheries Service, announces a rule to revise leatherback turtle (Dermochelys coriacea) critical habitat under the Endangered Species Act of 1973, as amended. 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 12/00/09 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Therese Conant, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East West Highway, Silver Spring, MD 20910 Phone: 301 713–1431 Fax: 301 713–0376 Email: therese.conant@noaa.gov RIN: 0648–AX06 E:\FR\FM\07DER7.SGM 07DER7 64406 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE 256. 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 Collection of Information Approval 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 12/00/09 erowe on DSK5CLS3C1PROD with RULES 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 Fax: 808 973–2941 Email: alvin.katekaru@noaa.gov RIN: 0648–AS71 15:12 Dec 04, 2009 Jkt 220001 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 Rule FR Cite 02/13/09 74 FR 7209 03/16/09 12/00/09 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 Email: doug.mecum@noaa.gov RIN: 0648–AV32 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. They must also 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 27998 06/13/08 12/00/09 258. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN ILLEGAL, UNREPORTED OR UNREGULATED FISHING OR BYCATCH OF PROTECTED LIVING MARINE RESOURCES Regulatory Plan: This entry is Seq. No. 34 in part II of this issue of the Federal Register. RIN: 0648–AV51 257. 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 VerDate Nov<24>2008 Final Rule Stage 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 Email: steve.leathery@noaa.gov RIN: 0648–AV53 259. 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) (P.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 260. INITIAL IMPLEMENTATION OF THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT Legal Authority: 44 USC 3501 et seq; PL 109–479 Abstract: This action will implement, in part, the Western and Central Pacific Fisheries Convention (WCPFC) Implementation Act, which authorizes the Secretary of Commerce to promulgate regulations needed to carry out the obligations of the United States under the WCPFC. The action will include regulations applicable to owners and operators of U.S. vessels used to fish for highly migratory fish stocks in the western and central Pacific ocean, possibly including requirements to, among others, obtain authorization to fish, carry positionfixing transmitters as part of a vessel PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 E:\FR\FM\07DER7.SGM 07DER7 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Final Rule Stage monitoring system, accommodate observers from a regional observer program, report fishing activity, accept boarding and inspection by authorized inspectors of other members of the Commission, and to prohibit transshipping at sea from purse seine vessels. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 05/22/09 74 FR 23965 06/22/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Charles Karnella, Pacific Islands Area Office, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814–4700 Phone: 808 973–2985 Fax: 808 973–2941 Email: charles.karnella@noaa.gov RIN: 0648–AV63 261. 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 transfers 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: erowe on DSK5CLS3C1PROD with RULES Action Date Notice of Availability NPRM Notice of Availabilty Comment Period End NPRM Comment Period End Final Action VerDate Nov<24>2008 64407 FR Cite 06/04/09 74 FR 26827 06/30/09 74 FR 31225 08/03/09 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 262. 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: 08/04/09 Action 12/00/09 15:12 Dec 04, 2009 NPRM Jkt 220001 PO 00000 Frm 00013 Date FR Cite 09/30/09 74 FR 50155 Fmt 1254 Sfmt 1254 Action Date NPRM Comment Period End Final Action FR Cite 10/30/09 12/00/09 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 Email: doug.mecum@noaa.gov RIN: 0648–AW24 263. 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 Notice of Availability Notice of Availability Comment Period End NPRM NPRM Comment Period End Final Rule FR Cite 03/18/09 74 FR 11518 05/18/09 06/19/09 74 FR 29158 08/03/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 E:\FR\FM\07DER7.SGM 07DER7 64408 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Final Rule Stage Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 Fax: 808 973–2941 Email: alvin.katekaru@noaa.gov Action RIN: 0648–AW49 Regulatory Flexibility Analysis Required: Yes 264. ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT MEASURES 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 Fax: 301 713–1917 Email: margo.schulze-haugen@noaa.gov NPRM Comment Period Extended End Final Action 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: erowe on DSK5CLS3C1PROD with RULES Action Date Notice of Intent Notice of Scoping Meetings and Extension of Comment Period Notice of Intent Comment Period End 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 NPRM Comment Period Extended VerDate Nov<24>2008 Date FR Cite 05/07/08 73 FR 25665 07/02/08 73 FR 37932 08/05/08 10/29/08 73 FR 64307 10/31/08 FR Cite 09/25/09 12/00/09 RIN: 0648–AW65 265. HALIBUT CHARTER VESSEL MORATORIUM Legal Authority: 16 USC 773 to 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. 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 Email: doug.mecum@noaa.gov RIN: 0648–AW92 266. ATLANTIC HIGHLY MIGRATORY SPECIES; 2009 NORTH AND SOUTH ATLANTIC COMMERCIAL QUOTAS Legal Authority: 16 USC 1801 et seq Abstract: This rule would establish the 2009 fishing season quotas for North and South Atlantic swordfish based on recent updated landings information and recommendations from the 2008 annual meeting 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 proposed rule may also include other minor regulatory clarifications. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 08/05/09 74 FR 39032 09/04/09 12/00/09 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 Fax: 301 713–1917 Email: margo.schulze-haugen@noaa.gov RIN: 0648–AX07 Timetable: 11/14/08 07/24/09 74 FR 36892 09/22/09 NPRM NPRM Comment Period End Final Rule 04/21/09 74 FR 18178 06/05/09 267. AMENDMENT 29 TO THE FISHERY MANAGEMENT PLAN FOR REEF FISH RESOURCES OF THE GULF OF MEXICO 12/00/09 Legal Authority: 16 USC 1801 Action 08/10/09 74 FR 39914 15:12 Dec 04, 2009 Jkt 220001 Date FR Cite Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 Abstract: Grouper and tilefish species in the Gulf of Mexico are managed E:\FR\FM\07DER7.SGM 07DER7 64409 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Final Rule Stage 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 individual fishing quota (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 landings history through permit stacking. Timetable: Convention Implementation Act, the Secretary of Commerce is authorized to implement regulations to carry out the obligations of the United States under the Western and Central Pacific Fisheries Convention (Convention), including the implementation of Commission decisions. At its Fifth Regular Session, in December 2008, the Commission adopted specific catch limits in longline fisheries for certain highly migratory fish species in the Convention’s area of application for 2009, 2010, and 2011. This rule would fulfill the international obligations of the United States regarding these catch limits. Moreover, this rule could establish a framework for implementing future Commission decisions of a similar nature. Action Timetable: Date NPRM NPRM Comment Period End Final Action Final Action Effective Final Action— Correction FR Cite 04/30/09 74 FR 20134 06/15/09 08/31/09 74 FR 44732 09/30/09 12/00/09 erowe on DSK5CLS3C1PROD with RULES 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 268. WESTERN AND CENTRAL PACIFIC FISHERIES FOR HIGHLY MIGRATORY SPECIES; IMPLEMENTATION OF THE LONGLINE CATCH LIMITS ADOPTED AT THE FIFTH SESSION OF THE WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION Legal Authority: 16 USC 6901 et seq Abstract: This rule would implement the decisions adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission (Commission) to reduce or otherwise control the fishing mortality rate from longline fishing of bigeye tuna and potentially other highly migratory fish species in the Western and Central Pacific Ocean. Pursuant to the Western and Central Pacific Fisheries VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 Action Date NPRM NPRM Comment Period End Final Action FR Cite 07/08/09 74 FR 32521 08/07/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Charles Karnella, Pacific Islands Area Office, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814–4700 Phone: 808 973–2985 Fax: 808 973–2941 Email: charles.karnella@noaa.gov RIN: 0648–AX59 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–AX75 270. ∑ AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The purpose of Amendment 10 is to: (1) Develop a rebuilding program that allows the butterfish stock to rebuild in the shortest amount of time possible (but not to exceed ten years) and permanently protects the long-term health and stability of the rebuilt stock; (2) minimize bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in MSB fisheries; and (3) minimize the race to fish and promote efficient use of fishing capital in Loligo and Illex fisheries while providing a means for the industry to proactively engage in resource governance and to provide greater flexibility in developing management measures that fit localized needs through the development of sectors in the Loligo and Illex fisheries. Timetable: 269. ∑ SNAPPER–GROUPER FISHERY MANAGEMENT PLAN OF THE SOUTH ATLANTIC Legal Authority: 16 USC 1801 Abstract: On March 23, 2009, the South Atlantic Fishery Management Council requested NOAA Fisheries Service to implement a prohibition on the harvest of red snapper for 180 days to address overfishing of red snapper, through interim measures. Timetable: Action Date Interim Final Rule Interim Final Rule Comment Period End Final Action FR Cite 07/06/09 74 FR 31906 08/05/09 12/00/09 Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00015 Fmt 1254 Sfmt 1254 Action Date Notice of Availability NPRM NPRM Comment Period End Final Action FR Cite 07/13/09 74 FR 40812 09/03/09 74 FR 45597 10/19/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY00 E:\FR\FM\07DER7.SGM 07DER7 64410 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Final Rule Stage 271. 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 12/00/09 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 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AH26 272. ∑ TAKING OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES; TAKING MARINE MAMMALS INCIDENTAL TO TRAINING OPERATIONS CONDUCTED WITHIN THE GULF OF MEXICO RANGE COMPLEX Legal Authority: 16 USC 1361 et seq Abstract: NMFS has received requests from the U.S. Navy (Navy) for authorizations for the take of marine mammals incidental to training and operational activities conducted by the Navy’s Atlantic Fleet within Gulf of Mexico (GOMEX) Range Complex for the period beginning December 3, 2009 and ending December 2, 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations. Timetable: Action Date NPRM NPRM Comment Period End Final Action 273. 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. 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–AX86 Long-Term Actions 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 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 Notice of Availability Notice of Availability Comment Period End NPRM erowe on DSK5CLS3C1PROD with RULES Fishery would implement Individual Fishing Quotas in the tilefish fishery. Legal Authority: 16 USC 1801 et seq Action Abstract: Amendment 1 to the Fishery Management Plan for the Tilefish Notice of Availability NPRM 15:12 Dec 04, 2009 Jkt 220001 Timetable: PO 00000 Frm 00016 FR Cite 05/04/09 74 FR 20448 05/18/09 74 FR 23147 Fmt 1254 Sfmt 1254 To Be Determined Agency Contact: Roy Crabtree Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AS65 Completed Actions 274. AMENDMENT 1 TO THE FISHERY MANAGEMENT PLAN FOR THE TILEFISH FISHERY VerDate Nov<24>2008 FR Cite 06/04/09 74 FR 26829 08/03/09 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) Date 01/00/10 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE FR Cite 07/14/09 74 FR 33960 08/13/09 Action Date NPRM Comment Period End Notice of Availability Comment Period End Final Action E:\FR\FM\07DER7.SGM 07DER7 FR Cite 07/02/09 07/06/09 08/24/09 74 FR 42580 64411 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AS25 275. 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 ANPRM ANPRM Comment Period End Withdrawn FR Cite 08/12/04 69 FR 49858 10/12/04 07/29/09 erowe on DSK5CLS3C1PROD with RULES 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 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AS49 276. AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN 278. AMENDMENT 7 TO THE SOUTH ATLANTIC SHRIMP FISHERY MANAGEMENT PLAN Timetable: 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. Action Date Duplicate of 0648AY00 08/13/09 RIN: 0648–AT58 277. 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 Rule 15:12 Dec 04, 2009 Jkt 220001 FR Cite 09/19/07 72 FR 53978 10/22/07 10/06/08 73 FR 58099 11/20/08 07/29/09 74 FR 37530 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AV77 VerDate Nov<24>2008 FR Cite PO 00000 Frm 00017 Fmt 1254 Sfmt 1254 Legal Authority: 16 USC 1801 et seq Timetable: Action Date Notice of Availability NPRM NPRM Comment Period End Notice of Availability Comment Period End Final Action FR Cite 06/01/09 74 FR 26170 06/24/09 74 FR 30034 07/24/09 07/31/09 10/01/09 74 FR 50699 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 279. FISHERIES OFF WEST COAST STATES; HIGHLY MIGRATORY SPECIES FISHERIES Legal Authority: 16 USC 1801 Abstract: This action will establish the authority to collect permit fees under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species. This rule will amend the FMP regulations under 50 CFR 660.707 to establish a permit fee collection framework for HMS E:\FR\FM\07DER7.SGM 07DER7 64412 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions 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 Final Action Effective FR Cite erowe on DSK5CLS3C1PROD with RULES Timetable: 12/19/08 73 FR 77589 01/20/09 Action 07/28/09 74 FR 37177 08/27/09 NPRM NPRM Comment Period End Final Action 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 Fax: 562 980–4047 Email: mark.helvey@noaa.gov RIN: 0648–AW50 280. 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 VerDate Nov<24>2008 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. 15:12 Dec 04, 2009 Jkt 220001 Date FR Cite 04/07/09 74 FR 15685 05/04/09 09/15/09 74 FR 47119 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 Fax: 808 973–2941 Email: alvin.katekaru@noaa.gov RIN: 0648–AW52 281. 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. These amendments to the regulations 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; PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 and reduce bycatch of snapper grouper species. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action Final Action Effective FR Cite 12/24/08 73 FR 79037 02/06/09 74 FR 6257 02/23/09 03/09/09 06/29/09 74 FR 30964 07/29/09 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 282. 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 Final Action Effective E:\FR\FM\07DER7.SGM 07DER7 FR Cite 09/19/08 73 FR 54346 11/03/08 05/28/09 74 FR 25449 06/29/09 64413 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions Regulatory Flexibility Analysis Required: Yes 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 Email: doug.mecum@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 Email: doug.mecum@noaa.gov RIN: 0648–AW73 RIN: 0648–AW97 283. AMENDMENT 28 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA AND ALEUTIAN ISLANDS KING AND TANNER CRAB 284. 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 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: erowe on DSK5CLS3C1PROD with RULES Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action Final Action Effective VerDate Nov<24>2008 FR Cite 11/25/08 73 FR 71598 12/12/08 73 FR 75661 12/25/08 01/26/09 08/14/09 74 FR 41092 09/14/09 15:12 Dec 04, 2009 Jkt 220001 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 (ICCAT) 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. 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 FR Cite 02/18/09 74 FR 7577 03/20/09 06/01/09 74 FR 26110 06/17/09 74 FR 28635 Regulatory Flexibility Analysis Required: Yes Action Date FR Cite 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 Fax: 301 713–0596 Frm 00019 285. 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 Notice of Availability of Fishery Management Plan NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action Timetable: PO 00000 RIN: 0648–AX12 Legal Authority: 16 USC 1801 et seq Legal Authority: 16 USC 971 et seq; 16 USC 1801 et seq NPRM NPRM Comment Period End Final Rule Correction Email: alan.risenhoover@noaa.gov Fmt 1254 Sfmt 1254 12/12/08 73 FR 75659 12/30/08 73 FR 79773 02/10/09 02/13/09 08/14/09 74 FR 41080 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 Email: doug.mecum@noaa.gov RIN: 0648–AX14 E:\FR\FM\07DER7.SGM 07DER7 64414 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions 286. 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. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Final Rule Effective 05/06/09 74 FR 21194 06/05/09 erowe on DSK5CLS3C1PROD with RULES 287. 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: Date NPRM NPRM Comment Period End Final Action Final Action Effective VerDate Nov<24>2008 FR Cite 01/05/09 74 FR 254 02/19/09 08/21/09 74 FR 42178 09/21/09 15:12 Dec 04, 2009 Agency Contact: James Balsiger, Department of Commerce, National Oceanic and Atmospheric Administration, 709 West Ninth Street, Juneau, AK 99801 Phone: 907 586–7221 Fax: 907 586–7465 Email: jim.balisger@noaa.gov RIN: 0648–AX25 FR Cite 12/22/08 73 FR 78276 01/21/09 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 Email: doug.mecum@noaa.gov RIN: 0648–AX17 Action Regulatory Flexibility Analysis Required: Yes Jkt 220001 288. 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 Comment Period Extension NPRM Comment Period End Notice of Availability Comment Period End Final Action Final Rule Effective PO 00000 Frm 00020 FR Cite 03/24/09 74 FR 12300 04/06/09 74 FR 15420 05/13/09 74 FR 22507 05/21/09 05/26/09 11/03/09 74 FR 56728 12/04/09 Fmt 1254 Sfmt 1254 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 Email: doug.mecum@noaa.gov RIN: 0648–AX42 289. 2009 ATLANTIC BLUEFISH SPECIFICATIONS Legal Authority: 16 USC 1801 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. Timetable: Action Date NPRM E:\FR\FM\07DER7.SGM FR Cite 03/02/09 74 FR 9072 07DER7 64415 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Action Completed Actions Date NPRM Comment Period End Final Action Final Action Effective FR Cite 03/17/09 05/04/09 74 FR 20423 06/03/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AX49 290. DEFINITION OF U.S. CITIZEN Legal Authority: 16 USC 1801 et seq Abstract: The current definition of ‘‘U.S. Citizen’’ at 50 CFR 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 non-individuals, 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: Action Date NPRM– 6–15–09 Withdraw AKR FR Cite 06/15/09 erowe on DSK5CLS3C1PROD with RULES 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 Email: doug.mecum@noaa.gov RIN: 0648–AX52 291. 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 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 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 05/01/09 74 FR 20230 Regulatory Flexibility Analysis Required: Yes Agency Contact: Jamie Goen, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE, Seattle, WA 98115 Phone: 206 526–4646 Fax: 978 281–9117 Email: jamie.goen@noaa.gov RIN: 0648–AX57 292. WESTERN AND CENTRAL PACIFIC FISHERIES FOR HIGHLY MIGRATORY SPECIES; IMPLEMENTATION OF DECISIONS OF THE FIFTH SESSION OF THE WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION FOR PURSE SEINE FISHERIES Legal Authority: 16 USC 6901 et seq Abstract: This rule would implement the decisions adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission (Commission) to reduce or otherwise control the fishing mortality rate of bigeye tuna and potentially other highly migratory fish species in the Western and Central Pacific Ocean from purse seine and other commercial fishing and to mitigate the impacts of fishing on non-target species such as turtles. Pursuant to the Western and Central Pacific Fisheries Convention Implementation Act, the Secretary of Commerce is authorized to implement regulations to carry out the obligations of the United States under the Western and Central Pacific Fisheries Convention (Convention), including the implementation of Commission decisions. At its Fifth Regular Session, in December 2008, the Commission PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 adopted specific provisions for purse seine and other commercial fisheries that target highly migratory fish species in the Convention’s area of application for 2009, 2010, and 2011. The U.S. implementation of these provisions could include (but is not limited to) the following: (1) time-area closures for fishing on fish aggregating devices; (2) requirements regarding observers on vessels; (3) closure of specific areas of high seas; (4) limits on fishing effort and/or catches; and (5) requirements aimed at reducing the capture, injury, and mortality of sea turtles. Timetable: Action Date NPRM NPRM Comment Period End Final Action Effective Final Rule FR Cite 06/01/09 74 FR 26160 06/22/09 08/03/09 08/04/09 74 FR 38544 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Charles Karnella, Pacific Islands Area Office, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814–4700 Phone: 808 973–2985 Fax: 808 973–2941 Email: charles.karnella@noaa.gov RIN: 0648–AX60 293. 2009 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES Legal Authority: 16 USC 1801 et seq 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 Final Action Effective FR Cite 04/01/09 74 FR 14760 05/01/09 06/24/09 74 FR 30002 07/24/09 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\07DER7.SGM 07DER7 64416 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AX69 294. 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: The proposed rule for Amendment 30B published on November 18, 2008 (73 FR 68390) and Amendment 30B was approved on January 23, 2009. Unfortunately, the proposed rule contained an error relative to the ‘‘The Edges’’ seasonalarea closure. Rather than just a 4-month closure to all Council managed fishing activity, as supported by Amendment 30B, the codified text would have also established a year-round prohibition on the position of reef fish species in the area. Therefore, this measure was removed from the final rule (RIN 0648AV80) and a placed in this second rulemaking (RIN 0648-AX73) that would establish ‘‘The Edges’’ seasonalarea closure from January 1 through April 30 consistent with the contents of Amendment 30B. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 04/17/09 74 FR 17812 05/04/09 06/24/09 74 FR 30001 07/24/09 erowe on DSK5CLS3C1PROD with RULES 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–AX73 VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 295. ∑ ESTABLISH 2009 FISHERY SPECIFICATIONS FOR PACIFIC WHITING; PACIFIC GROUNDFISH FISHERY; BIENNIAL SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1801; 16 USC 7001 Abstract: This final rule establishes the 2009 fishery specifications for Pacific whiting in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California, as authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). These specifications include the level of the acceptable biological catch (ABC), optimum yield (OY), and allocations for the non-tribal commercial sectors. Timetable: Action Date Final Action Final Specifications FR Cite 04/30/09 05/05/09 74 FR 20620 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 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov RIN: 0648–AX77 Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov RIN: 0648–AX84 297. ∑ ESTABLISH A CONTROL DATE FOR THE REEF FISH, QUEEN CONCH, AND SPINY LOBSTER FISHERIES OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS Legal Authority: 16 USC 1801 Abstract: The Caribbean Fishery Management Council (Council) voted to establish a control date of March 24, 2009, for the commercial sector of the reef fish, queen conch, and spiny lobster fisheries of Puerto Rico and the U.S. Virgin Islands. This action announces that anyone entering these fisheries after the control date will not be assured of future access should a management regime that limits the number of participants in the fisheries be prepared and implemented. The Council requested that the control date be published in the Federal Register to provide timely notice to the industry. 296. ∑ PACIFIC COAST GROUNDFISH INSEASON ACTION FOR MAY 1, 2009 Legal Authority: 16 USC 773 et seq; 16 USC 1801 et seq Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This action takes routine and frequent management action to modify harvest specifications and management measures to meet the mandates outlined by the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Timetable: This action would inform participants in the U.S. Caribbean reef fish, queen conch, and spiny lobster fisheries of the Council’s intentions to consider limiting access within the commercial sector of the U.S. Caribbean reef fish, queen conch, and spiny lobster fisheries. Specifically, the Council may consider requiring a permit to limit fishing in the exclusive economic zone to participants that have catch histories in excess of some minimum landings threshold or who possess a valid Territorial/Commonwealth Permit. Should the Council take future action to restrict participation in the commercial sector of the U.S. Caribbean reef fish, queen conch, or spiny lobster fisheries, it intends to use March 24, 2009, as a possible control date regarding the eligibility of catch histories. This date was announced at the Council?s March 2009 meeting. Action Timetable: Date Inseason Action FR Cite 04/27/09 74 FR 19011 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 Action Date FR Cite Final Action 07/08/09 74 FR 32528 Comment Period End 08/07/09 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\07DER7.SGM 07DER7 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Completed Actions 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–AX92 298. ATLANTIC PELAGIC LONGLINE TAKE REDUCTION PLAN erowe on DSK5CLS3C1PROD with RULES 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 and the 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 less within the Mid-Atlantic Bight; (2) designating a special research area offshore of Cape Hatteras, NC; and (3) requiring all pelagic longline vessels to 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 VerDate Nov<24>2008 64417 FR Cite 06/24/08 73 FR 35623 09/22/08 15:12 Dec 04, 2009 Jkt 220001 Action Date Final Action Final Rule Effective FR Cite 05/19/09 74 FR 23349 06/18/09 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 299. 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 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 Reopen Comment Period Final Action Final Action Effective FR Cite 11/20/08 73 FR 70290 12/09/08 73 FR 74681 01/20/09 03/13/09 09/02/09 74 FR 45353 10/02/09 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 PO 00000 Frm 00023 Fmt 1254 Sfmt 1254 300. HARBOR PORPOISE TAKE REDUCTION PLAN REGULATIONS 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 of 1999 implemented measures to reduce the incidental capture of harbor porpoises in sink gillnets to below the stock’s Potential Biological Removal level (PBR). Measures included: 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 from 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 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 the tie-down requirement. Timetable: Action Date NPRM E:\FR\FM\07DER7.SGM FR Cite 07/21/09 74 FR 36058 07DER7 64418 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—NOAA Action Completed Actions Date FR Cite NPRM Comment 08/20/09 Period End Correction Final Action 08/10/09 74 FR 39910 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 Fax: 301 713–2521 Email: melissa.andersen@noaa.gov RIN: 0648–AW51 and biological features essential to the conservation of the species. Timetable: Action Date NPRM NPRM Comment Period End Final Action 301. RULEMAKING TO DESIGNATE CRITICAL HABITAT FOR THE GULF OF MAINE DISTINCT POPULATION SEGMENT OF ATLANTIC SALMON 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 19,571 km of perennial river, stream, and estuary habitat and 800 square km of lake habitat within the range of the Gulf of Maine’s distinct population segment and on which are found those physical FR Cite 09/05/08 73 FR 51747 11/04/08 08/10/09 74 FR 39903 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–AW77 302. RULEMAKING TO DESIGNATE CRITICAL HABITAT FOR THE THREATENED SOUTHERN DISTINCT POPULATION SEGMENT OF NORTH AMERICAN GREEN STURGEON 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 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 NPRM Comment Period End Final Rule Final Action Effective erowe on DSK5CLS3C1PROD with RULES VerDate Nov<24>2008 15:12 Dec 04, 2009 Jkt 220001 10/09/09 74 FR 52300 11/09/09 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–AX04 Department of Commerce (DOC) Patent and Trademark Office (PTO) 303. EXAMINATION OF PATENT APPLICATIONS THAT INCLUDE CLAIMS CONTAINING ALTERNATIVE LANGUAGE 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 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 FR Cite 09/08/08 73 FR 52084 10/07/08 73 FR 58527 11/07/08 Long-Term Actions examination of each of the alternatives within the claim. The Office anticipates 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. Timetable: Action Date NPRM NPRM Comment Period End IRFA Comment Request PO 00000 Frm 00024 FR Cite Action Date NPRM Comment 04/09/08 Period End Next Action Undetermined Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr Phone: 571 272–8800 Fax: 571 273–0125 Email: robert.bahr@uspto.gov RIN: 0651–AC00 08/10/07 72 FR 44992 10/09/07 03/10/08 73 FR 12679 Fmt 1254 Sfmt 1254 FR Cite E:\FR\FM\07DER7.SGM 07DER7 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Unified Agenda DOC—PTO Long-Term Actions 304. FISCAL YEAR 2009 REVISION OF REQUEST FOR CONTINUED EXAMINATION, 18–MONTH PUBLICATION, AND OTHER MISCELLANEOUS COST–RECOVERY PATENT FEES Legal Authority: 35 USC 2(b)(2); 35 USC 41(d); 35 USC 132(b) erowe on DSK5CLS3C1PROD with RULES Abstract: The USPTO is taking this action 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- VerDate Nov<24>2008 64419 15:12 Dec 04, 2009 Jkt 220001 recovery fee. The USPTO is specifically adjusting 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 adjusting or setting these fee amounts such that they more PO 00000 Frm 00025 Fmt 1254 Sfmt 1254 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 Fax: 571 273–0125 Email: robert.bahr@uspto.gov RIN: 0651–AC29 [FR Doc. E9–28588 Filed 12–04–09; 8:45 am] BILLING CODE 3510–12–S E:\FR\FM\07DER7.SGM 07DER7

Agencies

DEPARTMENT OF COMMERCE

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64395-64419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28588]


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Part IV





Department of Commerce





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Semiannual Regulatory Agenda

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DEPARTMENT OF COMMERCE (DOC)






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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

Fall 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 spring 2009 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 fall 2009 regulatory agenda includes 
regulatory activities that are expected to be conducted during the 
period October 1, 2009, through September 30, 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 August 6, 2009, the Office of 
Management and Budget issued guidelines and procedures for the 
preparation and publication of the fall 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.

    For this edition of the Department of Commerce's regulatory 
agenda, the most important significant regulatory actions and a 
Statement of Regulatory Priorities are included in The Regulatory 
Plan, which appears in both the online Unified Agenda and in part 
II of the Federal Register that includes the Unified Agenda.

    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 (5U.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 entire Regulatory 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

[[Page 64397]]

significance and timing of some regulatory actions under 
consideration by the Councils at the time the semiannual regulatory 
agenda is published.

    The Department's fall 2009 regulatory agenda follows.

 Cameron F. Kerry,

General Counsel.

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


                      National Oceanic and Atmospheric Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
234         Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery..    0648-AR63
235         American Lobster Fishery; Effort Control Measures.....................................    0648-AT31
236         South Atlantic Fishery Ecosystem Plan Comprehensive Amendment.........................    0648-AV31
237         Collection and Use of Tax Identification Numbers From Holders of and Applicants for       0648-AV76
            National Marine Fisheries Service Permits.............................................
238         Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery     0648-AW11
            Management Plan.......................................................................
239         Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico     0648-AW15
            and the U.S. Virgin Islands...........................................................
240         Marine Mammal Protection Act Stranding Regulation Revisions...........................    0648-AW22
241         Amendment 3 to the Northeast Skate Complex Fishery Management Plan....................    0648-AW30
242         Amendment 4 to the Atlantic Herring Fishery Management Plan...........................    0648-AW75
243         Allowable Modifications to the Turtle Excluder Device (TED) Requirements..............    0648-AW93
244         Regulatory Amendment (3) To Correct and Clarify Amendment 13 and Subsequent      0648-AW95
            Frameworks of the Northeast Multispecies Fishery Management Plan......................
245         Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan......    0648-AX05
246         Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AX47
            and Tanner Crabs Arbitration Regulations..............................................
247         Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of    0648-AX67
            Mexico................................................................................
248         Salmon Bycatch Reduction Management Measures for the Fishery Management Plan (FMP) 91     0648-AX89
            in the Bering Sea Aleutian Islands....................................................
249         2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures.......    0648-AY04
250         Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting         0648-AY17
            Mothership Fishery in the Pacific Coast Groundfish Fishery............................
251         Generic Amendment for Annual Catch Limits.............................................    0648-AY22
252         Protective Regulations for Killer Whales in the Northwest Region Under the Endangered     0648-AV15
            Species Act and Marine Mammal Protection Act..........................................
253         Marine Mammal Protection Act Permit Regulation Revisions..............................    0648-AV82
254         Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct            0648-AV94
            Population Segment of North American Green Sturgeon...................................
255         Rule to Revise Leatherback Critical Habitat...........................................    0648-AX06
----------------------------------------------------------------------------------------------------------------


                        National Oceanic and Atmospheric Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
256         Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries..............    0648-AS71
257         Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by     0648-AV32
            the Non-American Fishing Act Trawl Catcher Processor Sector...........................
258         Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported or      0648-AV51
            Unregulated Fishing or Bycatch of Protected Living Marine Resources (Reg Plan Seq No.
            34)...................................................................................
259         Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)           0648-AV53
            Environmental Review Procedure........................................................
260         Initial Implementation of the Western and Central Pacific Fisheries Convention            0648-AV63
            Implementation Act....................................................................

[[Page 64398]]

 
261         Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery    0648-AW12
            Management Plan.......................................................................
262         Revise Regulations Governing the North Pacific Groundfish Observer Program............    0648-AW24
263         Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to      0648-AW49
            the Pelagics Fishery Management Plan; Shallow-set Longline Swordfish Fishery..........
264         Atlantic Highly Migratory Species; Atlantic Shark Management Measures.................    0648-AW65
265         Halibut Charter Vessel Moratorium.....................................................    0648-AW92
266         Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas....    0648-AX07
267         Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of        0648-AX39
            Mexico................................................................................
268         Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of     0648-AX59
            the Longline Catch Limits Adopted at the Fifth Session of the Western and Central
            Pacific Fisheries Commission..........................................................
269         Snapper-Grouper Fishery Management Plan of the South Atlantic.........................    0648-AX75
270         Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan..    0648-AY00
271         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.............................................................................
272         Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals        0648-AX86
            Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex...
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                       National Oceanic and Atmospheric Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
273         Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of         0648-AS65
            Mexico................................................................................
----------------------------------------------------------------------------------------------------------------


                       National Oceanic and Atmospheric Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
274         Amendment 1 to the Fishery Management Plan for the Tilefish Fishery...................    0648-AS25
275         Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes....................    0648-AS49
276         Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan..    0648-AT58
277         American Lobster Data Collection and Broodstock Protection Measures...................    0648-AV77
278         Amendment 7 to the South Atlantic Shrimp Fishery Management Plan......................    0648-AW19
279         Fisheries Off West Coast States; Highly Migratory Species Fisheries...................    0648-AW50
280         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..............................................................
281         Amendment 16 to the Fishery Management Plan for the Snapper Grouper Fishery of the        0648-AW64
            South Atlantic Region.................................................................
282         Amendment 27 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and      0648-AW73
            Tanner Crabs..........................................................................
283         Amendment 28 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AW97
            and Tanner Crab.......................................................................
284         Atlantic Highly Migratory Species (HMS); 2009 Atlantic Bluefin Tuna Quota                 0648-AX12
            Specifications and Management Measures................................................
285         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.........
286         One-Fish Daily Bag Limit for the Guided Sport Charter Vessel Fishery for Halibut in       0648-AX17
            Regulatory Area 2C....................................................................
287         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.........
288         Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska......    0648-AX42
289         2009 Atlantic Bluefish Specifications.................................................    0648-AX49
290         Definition of U.S. Citizen............................................................    0648-AX52
291         2009 Specifications and Management Measures for the Spiny Dogfish Fishery Management      0648-AX57
            Plan..................................................................................
292         Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of     0648-AX60
            Decisions of the Fifth Session of the Western and Central Pacific Fisheries Commission
            for Purse Seine Fisheries.............................................................
293         2009 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures.......    0648-AX69
294         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..............

[[Page 64399]]

 
295         Establish 2009 Fishery Specifications for Pacific Whiting; Pacific Groundfish Fishery;    0648-AX77
            Biennial Specifications and Management Measures.......................................
296         Pacific Coast Groundfish Inseason Action for May 1, 2009..............................    0648-AX84
297         Establish a Control Date for the Reef Fish, Queen Conch, and Spiny Lobster Fisheries      0648-AX92
            of Puerto Rico and the U.S. Virgin Islands............................................
298         Atlantic Pelagic Longline Take Reduction Plan.........................................    0648-AV65
299         Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment       0648-AV74
            (DPS) of Guided Smalltooth Sawfish....................................................
300         Harbor Porpoise Take Reduction Plan Regulations.......................................    0648-AW51
301         Rulemaking to Designate Critical Habitat for the Gulf of Maine Distinct Population        0648-AW77
            Segment of Atlantic Salmon............................................................
302         Rulemaking To Designate Critical Habitat for the Threatened Southern Distinct             0648-AX04
            Population Segment of North American Green Sturgeon...................................
----------------------------------------------------------------------------------------------------------------


                                 Patent and Trademark Office--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
303         Examination of Patent Applications That Include Claims Containing Alternative Language    0651-AC00
304         Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication,     0651-AC29
            and Other Miscellaneous Cost-Recovery Patent Fees.....................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Commerce (DOC)                          Long-Term Actions


International Trade Administration (ITA)



_______________________________________________________________________




233. 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
Phone: 202 482-4006
Email: janet_heinzen@ita.doc.gov

RIN: 0625-AA59

[[Page 64400]]

_______________________________________________________________________


Department of Commerce (DOC)                        Proposed Rule Stage


National Oceanic and Atmospheric Administration (NOAA)



_______________________________________________________________________



NATIONAL MARINE FISHERIES SERVICE


                    ________________________________



234. 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                            05/00/10
NPRM Comment Period End         07/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barry Thom, 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
Email: barry.thom@noaa.gov

RIN: 0648-AR63
_______________________________________________________________________




235. AMERICAN LOBSTER FISHERY; EFFORT CONTROL MEASURES

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                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AT31
_______________________________________________________________________




236. 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                            05/00/10
NPRM Comment Period End         06/00/10

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
_______________________________________________________________________




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

Legal Authority: 16 USC 1361 et seq; 16 USC 1531 et seq; 31 USC 7701; 
31 USC 1801 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 provide a Taxpayer 
Identification Number (TIN) (business' employer identification number 
or individual's

[[Page 64401]]

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                            12/00/09

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
Fax: 301 713-0596
Email: alan.risenhoover@noaa.gov

RIN: 0648-AV76
_______________________________________________________________________




238. 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                            12/00/09
NPRM Comment Period End         01/00/10

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
_______________________________________________________________________




239. 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 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                            12/00/09
NPRM Comment Period End         01/00/10
Final Action                    01/00/10

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
_______________________________________________________________________




240. 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 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                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David Cottingham, Department of Commerce, National 
Oceanic and Atmospheric

[[Page 64402]]

Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2322
Fax: 301 713-2521
Email: david.cottingham@noaa.gov

RIN: 0648-AW22
_______________________________________________________________________




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

Legal Authority: 16 USC 1801

Abstract: NMFS proposes regulations to implement measures in Amendment 
3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP). 
Amendment 3 was developed by the New England Fishery Management Council 
(Council) to rebuild overfished skate stocks (thorny and smooth skates) 
and implement annual catch limits (ACLs) and accountability measures 
(AMs) consistent with the requirements of the reauthorized Magnuson-
Stevens Fishery Conservation and Management Act. Amendment 3 would 
establish an ACL and annual catch target (ACT) for the skate complex, 
total allowable landings (TAL) for the skate wing and bait fisheries, 
seasonal quotas for the bait fishery, reduced possession limits, in-
season possession limit triggers, and other measures to improve 
management of the skate fisheries. This rule also includes skate 
fishery specifications for fishing years (FY) 2010 through 2011.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09
NPRM Comment Period End         01/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AW30
_______________________________________________________________________




242. 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                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AW75
_______________________________________________________________________




243. 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                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

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
_______________________________________________________________________




244. REGULATORY AMENDMENT (#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 maintain consistency with the intent of 
Amendment 13 and subsequent actions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AW95

[[Page 64403]]

_______________________________________________________________________




245. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY 
MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                08/11/08                    73 FR 46590
NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AX05
_______________________________________________________________________




246. 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                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

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
Email: doug.mecum@noaa.gov

RIN: 0648-AX47
_______________________________________________________________________




247. AMENDMENT 31 TO THE FISHERY MANAGEMENT PLAN FOR THE REEF FISH 
RESOURCES OF THE GULF OF MEXICO

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 long-term 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                      FR Cite

________________________________________________________________________

NPRM                            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-AX67
_______________________________________________________________________




248.  SALMON BYCATCH REDUCTION MANAGEMENT MEASURES FOR 
THE FISHERY MANAGEMENT PLAN (FMP) 91 IN THE BERING SEA ALEUTIAN ISLANDS

Legal Authority: 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et 
seq; PL 108-447

Abstract: This fishery management plan amendment and rulemaking will 
implement the North Pacific Fishery Management Council's 
recommendations for management measures to minimize to the extent 
practicable Chinook salmon bycatch in the Bering Sea pollock fishery. 
These management measures provide two options for the pollock sectors 
(e.g., inshore catcher vessels, offshore catcher-processors, catcher 
vessels delivering to motherships, or CDQ entities): fish under a lower 
Chinook salmon cap or participate in an incentive program and fish 
under a higher cap. Under the first option, the fleet as a whole may 
choose to fish under a transferable cap of 47,591 Chinook salmon, which 
would be allocated by season and sector. Once each sector reaches its 
specific cap, it would be prohibited from continuing to fish for 
pollock for the remainder of the season. Alternatively, vessels or CDQ 
entities may choose to participate in private contracts called 
incentive plan agreements (IPA) which would describe how participants 
would maintain low bycatch even when their bycatch levels are well 
below the hard cap approved. Those vessels or CDQ entities 
participating in an IPA would be allocated a transferable share of up 
to 60,000 Chinook salmon. This cap would be reduced for any vessels or 
CDQ entities not participating in an IPA and those vessels and CDQ 
entities would fish under a lower, non-transferable cap. In addition to 
the annual cap levels, if any sector operating under an IPA exceeds its 
proportion of 47,591 Chinook salmon three times in any seven-year 
period, the sector's maximum bycatch limit will be permanently reduced 
to its proportional share of the 47,591 cap. If the FMP amendments and 
proposed rule are approved, fishing under the new Chinook salmon 
bycatch management measures would start in 2011.

[[Page 64404]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

FMP                             12/00/09
Final Rule FMP                  08/00/10

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
Email: doug.mecum@noaa.gov

RIN: 0648-AX89
_______________________________________________________________________




249.  2010 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS 
RECREATIONAL MANAGEMENT MEASURES

Legal Authority: 16 USC 1801

Abstract: This action will propose and implement the 2010 recreational 
management measures (minimum fish size, fishing seasons, and possession 
limits) for the summer flounder, scup, and black sea bass fisheries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AY04
_______________________________________________________________________




250.  MAXIMIZED RETENTION MONITORING PROGRAM FOR 
CATCHER VESSELS IN THE PACIFIC WHITING MOTHERSHIP FISHERY IN THE PACIFIC 
COAST GROUNDFISH FISHERY

Legal Authority: 16 USC 1801

Abstract: The action would implement a monitoring program for catcher 
vessels in the mothership sector of the Pacific whiting fishery off the 
coast of Washington, Oregon, and California. The monitoring program 
would consist of a camera and other sensors to monitor fishing activity 
in order to maintain the integrity of the maximized retention 
requirements found at 50 CFR 660.306 (f)(7). Maximized retention 
encourages full retention of all catch while allowing minor discard 
events to occur. This ensures that unsorted catch is available for 
observers to monitor on board the mothership processors and thereby 
maintain the integrity of data collected under the observer program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/09
NPRM Comment Period End         01/00/10

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
Fax: 206 526-6736
Email: frank.lockhart@noaa.gov

RIN: 0648-AY17
_______________________________________________________________________




251.  GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS

Legal Authority: 16 USC 1801

Abstract: The generic amendment is intended to modify five of the 
Council's FMPs. These include FMPs for: Reef Fish Resources, Shrimp, 
Stone Crab, Coral and Coral Reef Resources, and Red Drum. NMFS and the 
Council will develop these ACLs in co-operation with the Scientific and 
Statistical Committee and the Southeast Fisheries Science Center.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/10
NPRM Comment Period End         12/00/10

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-AY22
_______________________________________________________________________




252. PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION 
UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT

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 
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                      FR Cite

________________________________________________________________________

ANPRM                           03/22/07                    72 FR 13464
ANPRM Comment Period End        04/23/07
NPRM                            07/29/09                    74 FR 37674
NPRM Comment Period Extended    10/19/09                    74 FR 53454

[[Page 64405]]

NPRM Comment Period End         10/27/09
NPRM Extended Comment Period End12/01/09
Final Action                    05/00/10

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
_______________________________________________________________________




253. 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 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                      FR Cite

________________________________________________________________________

ANPRM                           09/13/07                    72 FR 52339
ANPRM Comment Period Extended   10/15/07                    72 FR 58279
ANPRM Comment Period End        11/13/07
ANPRM Comment Period Extended   12/13/07                    72 FR 58279
NPRM                            12/00/09

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
Fax: 301 713-2521
Email: michael.payne@noaa.gov

RIN: 0648-AV82
_______________________________________________________________________




254. 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 section 
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                      FR Cite

________________________________________________________________________

NPRM                            12/00/09
NPRM Comment Period End         01/00/10

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-AV94
_______________________________________________________________________




255. RULE TO REVISE LEATHERBACK CRITICAL HABITAT

Legal Authority: 16 USC 1531 et seq

Abstract: The National Marine Fisheries Service, announces a rule to 
revise leatherback turtle (Dermochelys coriacea) critical habitat under 
the Endangered Species Act of 1973, as amended. 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                      FR Cite

________________________________________________________________________

NPRM                            12/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Therese Conant, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East West Highway, Silver 
Spring, MD 20910
Phone: 301 713-1431
Fax: 301 713-0376
Email: therese.conant@noaa.gov

RIN:

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