, 64182-64188 [X09-51207]

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64182-64188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X09-51207]


[[Page 64182]]




DEPARTMENT OF COMMERCE (DOC)



Statement of Regulatory and Deregulatory Priorities
The President's Fiscal Year (FY) 2010 Budget details how this 
Administration plans to lift our economy out of recession, and lay a 
new foundation for long-term growth and prosperity. The Department of 
Commerce (the ``Department'' or ``Commerce'') is aligning itself to 
contribute to both of these goals.
Established in 1903, the Department of Commerce is one of the oldest 
Cabinet-level agencies in the Federal Government. The Department's 
mission is to create the conditions for economic growth and opportunity 
by promoting innovation, entrepreneurship, competitiveness, and 
environmental stewardship. Commerce has 12 operating units, which are 
responsible for managing a diverse portfolio of programs and services, 
ranging from trade promotion and economic development assistance to 
broadband and the National Weather Service. The Department currently 
employs approximately 53,000 people around the world, although this 
workforce will more than double temporarily in 2010, due to the 
decennial census.
The Department touches Americans daily, in many ways -- making possible 
the daily weather reports and survey research; facilitating technology 
that all of us use in the workplace and in the home each day; 
supporting the development, gathering, and transmission of information 
essential to competitive business; enabling the diversity of companies 
and goods found in America's and the world's marketplace, and 
supporting environmental and economic health for the communities in 
which Americans live.
Commerce has a clear and compelling vision for itself, for its role in 
the federal government, and for its roles supporting the American 
people, now and in the future. To achieve this vision, the Department 
works in partnership with businesses, universities, communities, and 
workers to:
 Innovate by creating new ideas through cutting-edge science 
            and technology from advances in nanotechnology, to ocean 
            exploration, to broadband deployment and by protecting 
            American innovations through the patent and trademark 
            system;
 Support entrepreneurship and commercialization by enabling 
            community development and strengthening minority businesses 
            and small manufacturers;
 Maintain U.S. economic competitiveness in the global 
            marketplace by promoting exports, ensuring a level playing 
            field for U.S. businesses, and ensuring that technology 
            transfer is consistent with our nation's economic and 
            security interests;
 Provide effective management and stewardship of our nation's 
            resources and assets to ensure sustainable economic 
            opportunities; and
 Make informed policy decisions and enable better understanding 
            of the economy by providing accurate economic and 
            demographic data.
The Department is a vital resource base, a tireless advocate, and 
Cabinet-level voice for job creation.
The Regulatory Plan tracks the most important regulations that 
implement these policy and program priorities, several of which involve 
regulation of the private sector by the Department.
Responding to the Administration's Regulatory Philosophy and Principles
The vast majority of the Department's programs and activities do not 
involve regulation. Of the Department's 12 primary operating units, 
only the National Oceanic and Atmospheric Administration (NOAA) will be 
planning actions that are considered the ``most important'' significant 
preregulatory or regulatory actions for FY 2010. During the next year, 
NOAA plans to publish four rulemaking actions that are designated as 
Regulatory Plan actions. Further information on these actions is 
provided below.
The Department has a long-standing policy to prohibit the issuance of 
any regulation that discriminates on the basis of race, religion, 
gender, or any other suspect category and requires that all regulations 
be written so as to be understandable to those affected by them. The 
Secretary also requires that the Department afford the public the 
maximum possible opportunity to participate in departmental 
rulemakings, even where public participation is not required by law.
National Oceanic and Atmospheric Administration
NOAA establishes and administers federal policy for the conservation 
and management of the Nation's oceanic, coastal, and atmospheric 
resources. It provides a variety of essential environmental and climate 
services vital to public safety and to the Nation's economy, such as 
weather forecasts, drought forecasts and storm warnings. It is a source 
of objective information on the state of the environment. NOAA plays 
the lead role in achieving the departmental goal of promoting 
stewardship by providing assessments of the global environment.
Recognizing that economic growth must go hand-in-hand with 
environmental stewardship, the Department, through NOAA, conducts 
programs designed to provide a better understanding of the connections 
between environmental health, economics, and national security. 
Commerce's emphasis on ``sustainable fisheries'' is designed to boost 
long-term economic growth in a vital sector of the U.S. economy while 
conserving the resources in the public trust and minimizing any 
economic dislocation necessary to ensure long-term economic growth. The 
Department is where business and environmental interests intersect, and 
the classic debate on the use of natural resources is transformed into 
a ``win-win'' situation for the environment and the economy.
Three of NOAA's major components, the National Marine Fisheries 
Services (NMFS), the National Ocean Service (NOS), and the National 
Environmental Satellite, Data, and Information Service (NESDIS), 
exercise regulatory authority.
NMFS oversees the management and conservation of the Nation's marine 
fisheries, protects threatened and endangered marine and anadromous 
species and marine mammals, and promotes economic development of the 
U.S. fishing industry. NOS assists the coastal states in their 
management of land and ocean resources in their coastal zones, 
including estuarine research reserves; manages the Nation's national 
marine sanctuaries; monitors marine pollution; and directs the national 
program for deep-seabed minerals and ocean thermal energy. NESDIS 
administers the civilian weather satellite program and licenses private 
organizations to operate commercial land-remote sensing satellite 
systems.
The Department, through NOAA, has a unique role in promoting 
stewardship of the global environment through effective management of 
the Nation's marine and coastal resources and in monitoring and 
predicting changes in the Earth's environment, thus linking trade, 
development, and technology with environmental issues. NOAA has the 
primary federal responsibility for providing sound scientific 
observations,

[[Page 64183]]

assessments, and forecasts of environmental phenomena on which resource 
management, adaptation and other societal decisions can be made.
In the environmental stewardship area, NOAA's goals include: rebuilding 
and maintaining strong U.S. fisheries by using market-based ecosystem 
approaches to management; increasing the populations of depleted, 
threatened, or endangered species and marine mammals by implementing 
recovery plans that provide for their recovery while still allowing for 
economic and recreational opportunities; promoting healthy coastal 
ecosystems by ensuring that economic development is managed in ways 
that maintain biodiversity and long-term productivity for sustained 
use; and modernizing navigation and positioning services. In the 
environmental assessment and prediction area, goals include: 
understanding climate change science and impacts, and communicating 
that understanding to government and private sector stakeholders 
enabling them to adapt; continually improving the National Weather 
Service; implementing reliable seasonal and interannual climate 
forecasts to guide economic planning; providing science-based policy 
advice on options to deal with very long-term (decadal to centennial) 
changes in the environment; and advancing and improving short-term 
warning and forecast services for the entire environment.
Magnuson-Stevens Fishery Conservation and Management Act
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) rulemakings concern the conservation and management of 
fishery resources in the U.S. Exclusive Economic Zone (generally 3-200 
nautical miles). Among the several hundred rulemakings that NOAA plans 
to issue in fiscal year 2010, a number of the preregulatory and 
regulatory actions will be significant. The exact number of such 
rulemakings is unknown, since they are usually initiated by the actions 
of eight regional Fishery Management Councils (FMCs) that are 
responsible for preparing fishery management plans (FMPs) and FMP 
amendments, and for drafting implementing regulations for each managed 
fishery. NOAA issues regulations to implement FMPs and FMP amendments. 
Once a rulemaking is triggered by an FMC, the Magnuson-Stevens Act 
places stringent deadlines upon NOAA by which it must exercise its 
rulemaking responsibilities. FMPs and FMP amendments for Atlantic 
highly migratory species, such as bluefin tuna, swordfish, and sharks, 
are developed directly by NOAA, not by FMCs.
FMPs address a variety of issues including maximizing fishing 
opportunities on healthy stocks, rebuilding overfished stocks, and 
addressing gear conflicts. One of the problems that FMPs may address is 
preventing overcapitalization (preventing excess fishing capacity) of 
fisheries. This may be resolved by market-based systems such as catch 
shares, which permit share holders to harvest a quantity of fish and 
which can be traded on the open market. Harvest limits based on the 
best available scientific information, whether as a total fishing limit 
for a species in a fishery or as a share assigned to each vessel 
participant, enable stressed stocks to rebuild. Other measures include 
staggering fishing seasons or limiting gear types to avoid gear 
conflicts on the fishing grounds, and establishing seasonal and area 
closures to protect fishery stocks.
The FMCs provide a forum for public debate and, using the best 
scientific information available, make the judgments needed to 
determine optimum yield on a fishery-by-fishery basis. Optional 
management measures are examined and selected in accordance with the 
national standards set forth in the Magnuson-Stevens Act. This process, 
including the selection of the preferred management measures, 
constitutes the development, in simplified form, of an FMP. The FMP, 
together with draft implementing regulations and supporting 
documentation, is submitted to NMFS for review against the national 
standards set forth in the Magnuson-Stevens Act, in other provisions of 
the Act, and other applicable laws. The same process applies to 
amending an existing approved FMP.
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 (MMPA) provides the authority 
for the conservation and management of marine mammals under U.S. 
jurisdiction. It expressly prohibits, with certain exceptions, the take 
of marine mammals. Exceptions include the collection of wild animals 
for scientific research or public display or to enhance the survival of 
a species or stock. NMFS initiates rulemakings under the MMPA to 
establish a management regime to reduce marine mammal mortalities and 
injuries as a result of interactions with fisheries. The Act also 
established the Marine Mammal Commission, which makes recommendations 
to the Secretaries of the Departments of Commerce and the Interior and 
other Federal officials on protecting and conserving marine mammals. 
The Act underwent significant changes in 1994 to allow for takings 
incidental to commercial fishing operations, to provide certain 
exemptions for subsistence and scientific uses, and to require the 
preparation of stock assessments for all marine mammal stocks in waters 
under U.S. jurisdiction.
Endangered Species Act
The Endangered Species Act of 1973 (ESA) provides for the conservation 
of species that are determined to be ``endangered'' or ``threatened,'' 
and the conservation of the ecosystems on which these species depend. 
The ESA authorizes both NMFS and the Fish and Wildlife Service (FWS) to 
jointly administer the provisions of the Act. NMFS manages marine and 
``anadromous'' species and FWS manages land and freshwater species. 
Together, NMFS and FWS work to protect critically imperiled species 
from extinction. Of the 1,310 listed species found in part or entirely 
in the United States and its waters, NMFS has jurisdiction over 
approximately 60 species. NMFS' rulemaking actions are focused on 
determining whether any species under its responsibility is an 
endangered or threatened species and whether those species must be 
added to the list of protected species. NMFS is also responsible for 
designating, reviewing, and revising critical habitat for any listed 
species. In addition, under the ESA's procedural framework, federal 
agencies consult with NMFS on any proposed action authorized, funded, 
or carried out by that agency that may affect one of the listed species 
or designated critical habitat, or is likely to jeopardize proposed 
species or adversely modify proposed critical habitat that is under 
NMFS' jurisdiction.
NOAA's Regulatory Plan Actions
While most of the rulemakings undertaken by NOAA do not rise to the 
level necessary to be included in the Department's Regulatory Plan, 
NMFS is undertaking four actions that rise to the level of ``most 
important'' of the Department's significant regulatory actions, and 
thus are included in this year's Regulatory Plan. The four actions 
implement provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, as reauthorized in 2006. The first action may be of 
particular interest to international

[[Page 64184]]

trading partners as it concerns the Certification of Nations Whose 
Fishing Vessels are Engaged in Illegal, Unreported, or Unregulated 
Fishing or Bycatch of Protected Living Marine Resources. A description 
of the four Regulatory Plan actions is provided below.
Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, 
Unreported or Unregulated Fishing or Bycatch of Protected Living Marine 
Resources (0648-AV51). NOAA's NMFS is establishing a process of 
identification and certification to address illegal, unreported, or 
unregulated (IUU) activities and bycatch of protected species in 
international fisheries. Nations whose fishing vessels engage, or have 
been engaged, in IUU fishing would be identified in a biennial report 
to Congress, as required under Section 403 of the Magnuson-Stevens 
Fishery Conservation and Management Act. NMFS would subsequently 
certify whether identified nations have taken appropriate corrective 
action with respect to the activities of its fishing vessels.
Magnuson-Stevens Fishery Conservation and Management Act Provisions and 
Interjurisdictional Fisheries Act Disaster Assistance Programs (0648-
AW38). This final rule would clarify the fishery disaster assistance 
provisions under both the Magnuson-Stevens Fishery Conservation and 
Management Act and the Interjurisdictional Fisheries Act. The 
regulations would establish definitions, characteristics of commercial 
fishery failures and fishery resource disasters, and the administrative 
process NMFS will follow in processing disaster assistance requests.
Amendment 16 to the Northeast Multispecies Fishery Management Plan 
(0648-AW72). The Northeast Multispecies Fishery Management Plan 
includes species such as cod, haddock and various flounders. This long-
term plan will implement the necessary reductions to end overfishing as 
required by the Magnuson-Stevens Fishery Conservation and Management 
Act.
Provide Guidance for the Limited Access Privilege Program (0648-AX13). 
The Magnuson-Stevens Fishery Conservation and Management Act as 
reauthorized in 2006, included a section on Limited Access Privilege 
Programs (LAPPs). To assist the Councils in developing and implementing 
LAPPs, this rulemaking includes guidance on: (1) procedures for 
developing LAPPs; (2) eligibility criteria; (3) Council approval of 
LAPP programs; (4) initial allocations; (5) restrictions on the sale 
and lease of privileges; (6) recovery of administrative costs; and (7) 
program review and monitoring.
At this time, NOAA is unable to determine the aggregate cost of the 
identified Regulatory Plan actions as several of these actions are 
currently under development.
Bureau of Industry and Security
The Bureau of Industry and Security (BIS) promotes U.S. national and 
economic security and foreign policy interests by managing and 
enforcing the Department's security-related trade and competitiveness 
programs. BIS plays a key role in challenging issues involving national 
security and nonproliferation, export growth, and high technology. The 
Bureau's continuing major challenge is combating the proliferation of 
weapons of mass destruction while furthering the growth of U.S. 
exports, which are critical to maintaining our leadership in an 
increasingly competitive global economy. BIS strives to be the leading 
innovator in transforming U.S. strategic trade policy and programs to 
adapt to the changing world.
Major Programs and Activities
The Export Administration Regulations (EAR) provide for export controls 
on dual-use goods and technology (primarily commercial goods that have 
potential military applications) not only to fight proliferation, but 
also to pursue other national security, short supply, and foreign 
policy goals (such as combating terrorism). Simplifying and updating 
these controls in light of the end of the Cold War has been a major 
accomplishment of BIS.
BIS is also responsible for:
 Enforcing the export control and antiboycott provisions of the 
            Export Administration Act (EAA), as well as other statutes 
            such as the Fastener Quality Act. The EAA is enforced 
            through a variety of administrative, civil, and criminal 
            sanctions.
 Analyzing and protecting the defense industrial and technology 
            base, pursuant to the Defense Production Act and other 
            laws. As the Defense Department increases its reliance on 
            dual-use high technology goods as part of its cost-cutting 
            efforts, ensuring that we remain competitive in those 
            sectors and subsectors is critical to our national 
            security.
 Helping Ukraine, Kazakhstan, Belarus, Russia, and other newly 
            emerging countries develop effective export control 
            systems. The effectiveness of U.S. export controls can be 
            severely undercut if ``rogue states'' or terrorists gain 
            access to sensitive goods and technology from other 
            supplier countries.
 Working with former defense plants in the Newly Independent 
            States to help make a successful transition to profitable 
            and peaceful civilian endeavors. This involves helping 
            remove unnecessary obstacles to trade and investment and 
            identifying opportunities for joint ventures with U.S. 
            companies.
 Assisting U.S. defense enterprises to meet the challenge of 
            the reduction in defense spending by converting to civilian 
            production and by developing export markets. This work 
            assists in maintaining our defense industrial base as well 
            as preserving jobs for U.S. workers.
_______________________________________________________________________



DOC--National Oceanic and Atmospheric Administration (NOAA)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




32. AMENDMENT 16 TO THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN

Priority:


Other Significant


Legal Authority:


16 USC 1801 et seq


CFR Citation:


50 CFR 648


Legal Deadline:


None


Abstract:


This action would implement management measures to continue rebuilding 
overfished stocks, revise biological reference points, and develop 
annual catch limits and accountability measures. This action would also 
adopt new sectors as an alternative effort control to days-at-sea 
restrictions.


Statement of Need:


Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan 
(FMP) was developed by the New England Fishery Management Council 
(Council) as part of the biennial adjustment process established in the

[[Page 64185]]

FMP to evaluate the status of the all NE multispecies stocks; update 
status determination criteria for all NE multispecies stocks based upon 
the best scientific information available; and to revise management 
measures necessary to end overfishing, rebuild overfished NE 
multispecies stocks, and mitigate the adverse economic impacts of 
increased effort controls. In addition, this action would adopt 
rebuilding programs for four NE multispecies stocks newly classified as 
being overfished and subject to overfishing and incorporate Atlantic 
wolffish into the management unit. Finally, Amendment 16 would 
establish procedures for specifying allowable biological catch (ABC) 
and annual catch limits (ACLs) and implement accountability measures 
(AMs) for each stock managed by the FMP, as required by recent 
revisions to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).


Summary of Legal Basis:


Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq.


Alternatives:


Amendment 16 includes numerous measures designed to achieve the goals 
and objectives of the FMP and the Magnuson-Stevens Act, including 
reporting and record keeping requirements, allocation criteria, effort 
controls, and administrative and enforcement provisions. Each measure 
includes a range of alternatives, including the no action alternative. 
Of particular note, Amendment 16 authorizes 17 new sectors and revises 
measures for the existing two sectors and. In addition, Amendment 16 
includes six options for potential sector contributions (i.e., the 
stock allocations that each individual vessel could bring to a 
particular sector). Amendment 16 also includes four options for non-
sector effort controls and three alternatives for commercial non-sector 
accountability measures. Finally, the Council considered several 
additional management measures under Amendment 16, including several 
alternative management regimes such as area-based management and a 
days-at-sea (DAS) performance plan, but these provisions were not 
included in this action at this time.


Anticipated Cost and Benefits:


The costs and benefits associated with measures under Amendment 16 are 
described in detail within the associated draft environmental impact 
statement (EIS). A final EIS that would include updated analysis of 
economic impacts of this action is currently being developed for 
submission and review by NMFS. Due to uncertainty in the number of 
vessels that may participate in sectors, it is difficult to precisely 
quantify the economic impacts of this action. However, should all 
affected vessels elect not to participate in sectors and remain under 
the current DAS management regime, the potential adverse economic 
impacts are expected to be about $15.5 million. Potential benefits of 
Amendment 16 include: Ending overfishing and ensuring that overfished 
stocks rebuild within established rebuilding time periods, developing a 
comprehensive procedure to establish ABCs and ACLs for each stock that 
more systematically incorporates both biological and management 
uncertainty into the FMP, increasing the accuracy and timeliness of 
catch monitoring data throughout the fishery, and increasing the 
efficiency and economic return of vessel operations by promoting 
participation in sectors. Costs associated with this action include 
additional monitoring and reporting costs for vessels; additional 
administration and membership costs to vessels participating in 
sectors; costs associated with complying with new gear requirements in 
some areas; opportunity costs associated with continued effort controls 
necessary to rebuild overfished stocks; and increased administration, 
monitoring, and enforcement costs to implement sector management.


Risks:


The risks associated with not implementing measures proposed in 
Amendment 16 include the potential for continued overfishing on several 
stocks and delayed rebuilding of overfished stocks beyond established 
rebuilding timelines. Moreover, the continuation of existing measures 
would maintain exclusive reliance upon DAS measures to manage the 
fishery, forgoing efficiency gains resulting from expanded 
participation in sectors, one form of a catch-share management regime. 
Further, without this rulemaking, the NE Multispecies FMP would not be 
able to establish a process for setting ABCs, ACLs, and AMs for managed 
stocks by 2011, as required by the Magnuson-Stevens Act. Finally, 
because this action would incorporate Atlantic wolffish into the FMP 
and specify management measures to rebuild this species, failure to 
implement this action could increase the likelihood that this species 
would be listed under the Endangered Species Act and result in 
substantial economic impacts beyond those considered under this action.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Notice of Availability          10/23/09                    74 FR 54773
Comment Period End              12/22/09
NPRM                            12/00/09
NPRM Comment Period End         01/00/10
Final Rule                      03/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


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-AW72
_______________________________________________________________________



DOC--NOAA



33. PROVIDE GUIDANCE FOR THE LIMITED ACCESS PRIVILEGE PROGRAM

Priority:


Other Significant


Legal Authority:


16 USC 1801 et seq


CFR Citation:


50 CFR 600


Legal Deadline:


None


Abstract:


This rule will provide regions with interpretive guidance on the use of 
Limited Access Privilege Programs as fishery management tools. The 
guidance is intended to assist the fishery management councils and NMFS 
regional offices in developing and implementing LAPPs.

[[Page 64186]]

Statement of Need:


The National Oceanic and Atmospheric Administration (NOAA) National 
Marine Fisheries Service (NMFS) intends to propose this rulemaking to 
create national guidance for the new Limited Access Privilege Program 
(LAPP) provisions found in section 303(A) of the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA), as amended by the 
Magnuson-Stevens Fishery Conservation and Management Reauthorization 
Act of 2006 (MSRA). The LAPP provisions provide new incentive-based 
options for fisheries management. NMFS has received numerous requests 
from constituent groups, Regional Fishery Management Councils 
(Councils), and Congress to develop such guidance. This guidance will 
assist Councils in developing LAPPs with full consideration of national 
perspectives and concerns.


Summary of Legal Basis:


NMFS is proposing these regulations pursuant to its rulemaking 
authority under the MSA. 5 USC 561, 16 USC 773 et seq., and 16 USC 1801 
et seq.


Alternatives:


Because this rule is presently in the beginning stages of development, 
no alternatives have been formulated or analyzed at this time.


Anticipated Cost and Benefits:


Because this rule is presently in the beginning stages of development, 
no analysis has been completed at this time to asses the amount that 
would be saved or imposed as a result of this rule. However, this rule 
does not meet the $100 million annual economic impact threshold and 
thus has not been determined to be economically significant under EO 
12866.


Risks:


Without this rulemaking, there is a risk that new LAPPs will be 
developed that do not meet the requirements of section 303(A), and 
therefore may detrimentally impact the fish stocks that they are 
designed to manage, the fisheries, or the human environment. Properly 
designed LAPPs mitigate environmental risk, ensure fair and equitable 
initial allocations, prevent excessive shares, protect the basic 
cultural and social framework of the fisheries and fishing communities, 
and contribute to public safety and economic prosperity.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            05/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


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
Related RIN: Previously reported as 0648-AV48
RIN: 0648-AX13
_______________________________________________________________________



DOC--NOAA

                              -----------

                            FINAL RULE STAGE

                              -----------




34. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN 
ILLEGAL, UNREPORTED OR UNREGULATED FISHING OR BYCATCH OF PROTECTED 
LIVING MARINE RESOURCES

Priority:


Other Significant


Legal Authority:


16 USC 1801 et seq; 16 USC 1826d to 1826k


CFR Citation:


50 CFR 300


Legal Deadline:


None


Abstract:


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


Statement of Need:


The National Oceanic and Atmospheric Administration (NOAA) National 
Marine Fisheries Service (NMFS) proposes regulations to set forth 
identification and certification procedures for nations whose vessels 
engage in illegal, unregulated, and unreported (IUU) fishing activities 
or bycatch of protected living marine resources pursuant to the High 
Seas Fishing Moratorium Protection Act (Moratorium Protection Act). 
Specifically, the Moratorium Protection Act requires the Secretary of 
Commerce to identify in a biennial report to Congress those foreign 
nations whose vessels are engaged in IUU fishing or fishing that 
results in bycatch of protected living marine resources. The Moratorium 
Protection Act also requires the establishment of procedures to certify 
whether nations identified in the biennial report are taking 
appropriate corrective actions to address IUU fishing or bycatch of 
protected living marine resources by fishing vessels of that nation. 
Based upon the outcome of the certification procedures developed in 
this rulemaking, nations could be subject to import prohibitions on 
certain fisheries products and other measures under the authority 
provided in the High Seas Driftnet Fisheries Enforcement Act if they 
are not positively certified by the Secretary of Commerce.


Summary of Legal Basis:


NOAA is proposing these regulations pursuant to its rulemaking 
authority under sections 609 and 610 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 USC 1826j-k), as amended by the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act.


Alternatives:


NMFS is currently in the process of developing alternatives, and will 
provide this information at a later date.

[[Page 64187]]

Anticipated Cost and Benefits:


Because this rule is under development, NMFS does not currently have 
estimates of the amount of product that is imported into the United 
States from other nations whose vessels are engaged in illegal, 
unreported, and unregulated (IUU) fishing or bycatch of protected 
living marine resources. Therefore, quantification of the economic 
impacts of this rulemaking is not possible at this time. This 
rulemaking does not meet the $100 million annual economic impact 
threshold and thus has not been determined to be economically 
significant under EO 12866.


Risks:


The risks associated with not pursuing the proposed rulemaking include 
allowing IUU fishing activities and/or bycatch of protected living 
marine resources by foreign vessels to continue without an effective 
tool to aid in combating such activities.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           06/11/07                    72 FR 32052
ANPRM Comment Period End        07/26/07
NPRM                            01/14/09                     74 FR 2019
NPRM Comment Period End         05/14/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


None


Agency Contact:
Christopher Rogers
Division Chief
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway
Silver Spring, MD 20910
Phone: 301 713-9090
Fax: 301 713-9106
Email: christopher.rogers@noaa.gov
Related RIN: Related to 0648-AV23
RIN: 0648-AV51
_______________________________________________________________________



DOC--NOAA



35. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT PROVISIONS 
AND INTERJURISDICTIONAL FISHERIES ACT DISASTER ASSISTANCE PROGRAMS

Priority:


Other Significant


Legal Authority:


16 USC 1861; 16 USC 4107


CFR Citation:


50 CFR 600


Legal Deadline:


None


Abstract:


In accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA), as amended, and the Interjurisdictional Fisheries 
Act (IFA), the National Marine Fisheries Service (NMFS) proposes 
regulations to govern the application for and determination of 
commercial fishery failures as a basis for acquiring potential disaster 
assistance. The regulations would establish definitions and 
characteristics of commercial fishery failures, serious disruptions 
affecting future production, and harm incurred by fishermen, fishery 
resource disasters, requirements for initiating a review by NMFS, and 
the administrative process it will follow in processing such 
applications. The intended effect of these procedures and requirements 
is to clarify the fishery disaster assistance provisions of the MSA and 
the IFA through rulemaking and thereby facilitate the processing of 
requests.


Statement of Need:


The National Oceanic and Atmospheric Administration (NOAA) National 
Marine Fisheries Service (NMFS) intends to propose this rule to govern 
the requests for determinations of fishery resource disasters as a 
basis for acquiring potential disaster assistance. The regulations 
would establish definitions and characteristics of commercial fishery 
failures, fishery resource disasters, serious disruptions affecting 
future production, and harm incurred by fishermen, as well as 
requirements for initiating a review by NMFS, and the administrative 
process it will follow in processing such applications. The intended 
result of these procedures and requirements is to clarify and interpret 
the fishery disaster assistance provisions of the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) and the 
Interjurisdictional Fisheries Act (IFA) through rulemaking and thereby 
ensure consistency and facilitate the processing of requests.


Summary of Legal Basis:


NMFS is proposing these regulations pursuant to its rulemaking 
authority under sections 312(a) or 315 of the MSA (16 USC 1861, 1864), 
as amended, and sections 308(b) or 308(d) of the IFA (16 USC 4107).


Alternatives:


N/A


Anticipated Cost and Benefits:


Because this rule is presently in the beginning stages of development, 
no analysis has been completed at this time to assess the amount that 
would be saved or imposed as a result of this rule. However, this rule 
does not meet the $100 million annual economic impact threshold and 
thus has not been determined to be economically significant under EO 
12866.


Risks:


Without this rulemaking, there is a risk that disaster determinations 
can be made on an ad hoc basis, without regard to any standardized 
guidelines or procedures.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            01/15/09                     74 FR 2478
NPRM Comment Period 
    Extended                    02/06/09                     74 FR 6257
NPRM Comment Period End         02/17/09
NPRM Comment Period End         04/20/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Local, State, Tribal

[[Page 64188]]

Agency Contact:
Charles L. Cooper
Program Leader
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway
Silver Spring, MD 20910
Phone: 301 713-2396
Email: charles.cooper@noaa.gov
RIN: 0648-AW38
BILLING CODE 3510-12-S