Fall 2010 Semiannual Agenda of Regulations, 79725-79750 [2010-30450]

Download as PDF Monday, December 20, 2010 Part IV Department of Commerce jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Semiannual Regulatory Agenda VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20DEP7.SGM 20DEP7 79726 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / 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 Fall 2010 Semiannual Agenda of Regulations AGENCY: Office of the Secretary, Commerce. ACTION: Semiannual regulatory agenda. 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 2010 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 2010 regulatory agenda includes regulatory activities that are expected to be conducted during the period October 1, 2010, through September 30, 2011. 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 Asha Mathew, Chief Counsel for Regulation, Office of the Assistant General Counsel for Legislation and Regulation, U.S. Department of Commerce, Washington, DC 20230; telephone: 202-482-3151. jlentini on DSKJ8SOYB1PROD with PROPOSALS7 SUMMARY: VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 The Department hereby publishes its fall 2010 Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. Executive Order 12866 requires agencies to publish an agenda of those regulations that are under consideration pursuant to this order. By memorandum of July 23, 2010, the Office of Management and Budget issued guidelines and procedures for the preparation and publication of the fall 2010 Unified Agenda. The Regulatory Flexibility Act 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, and a list that identifies those entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE In this edition of the Department’s regulatory agenda, a list of 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 issue 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 is 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, the Department’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. PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 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 Department’s entire Regulatory Plan will continue to be printed in the Federal Register. 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 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.) (the Act) governs the management of fisheries within the Exclusive Economic Zone of the United States (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. E:\FR\FM\20DEP7.SGM 20DEP7 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79727 DOC The Council process for developing FMPs and amendments makes it difficult for NMFS to determine the significance and timing of some regulatory actions under consideration by the Councils at the time the semiannual regulatory agenda is published. The Department’s fall 2010 regulatory agenda follows. Cameron F. Kerry, General Counsel. International Trade Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 218 Commercial Availability of Fabric and Yarn .................................................................................................................. 0625–AA59 National Oceanic and Atmospheric Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 219 220 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ........................................ American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission ......................................................................... Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service Permits ............................................................................................................................................................ Marine Mammal Protection Act Stranding Regulation Revisions ................................................................................. Amendment 4 to the Atlantic Herring Fishery Management Plan ................................................................................ Allowable Modifications to the Turtle Excluder Device Requirements ......................................................................... Regulatory Amendment 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 3 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands Establishing Compatible Regulations With U.S. Virgin Islands Territorial Waters ......................................... Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook Salmon Rebuilding Plan Amendment 3 to the Spiny Dogfish Fishery Management Plan ................................................................................... 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 ............................................................................................................... Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish Aggregation Devices ................ Amendment 5 to the Atlantic Herring Fishery Management Plan ................................................................................ Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef Fish FMP of Puerto Rico and the U.S. Virgin Islands ................................................................. Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic .......... Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region ................................................................................................................................. Amendment 20 to the Snapper Grouper Fishery Management Plan of the South Atlantic Region ............................ Regulatory Amendment To Recover the Administrative Costs of Processing Permit Applications ............................. Regulatory Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries Management Plan ................................................................................................................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011-2012 Biennial Specifications and Management Measures ...................................................................................................................................................... 2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery .............................................................. Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery ................................... Potential Revisions to the Turtle Excluder Device Requirements ................................................................................ Marine Mammal Protection Act Permit Regulation Revisions ...................................................................................... Take and Import Marine Mammals: Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California .................................................................................................... Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries ................................................................................................ 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 242 243 244 245 246 247 248 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP7.SGM 20DEP7 0648–AR63 0648–AT31 0648–AV76 0648–AW22 0648–AW75 0648–AW93 0648–AW95 0648–AX05 0648–AX47 0648–AY03 0648–AY06 0648–AY12 0648–AY17 0648–AY22 0648–AY26 0648–AY36 0648–AY47 0648–AY55 0648–AY72 0648–AY73 0648–AY74 0648–AY81 0648–AY95 0648–BA01 0648–BA03 0648–BA13 0648–AV04 0648–AV82 0648–AW59 0648–AY61 79728 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Final Rule Stage Regulation Identifier Number Sequence Number Title 249 Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western Alaska Community Development Quota Program ....................................................................................................... Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and Unregulated Fishing or Bycatch of Protected Living Marine Resources (Reg Plan Seq No. 28) ................................................................... Magnuson-Stevens Fishery Conservation and Management Reauthorization Act Environmental Review Procedure Revise Regulations Governing the North Pacific Groundfish Observer Program ........................................................ Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota Share Under the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota Program ................................................................. Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the Bajo de Sico Seasonal Closure ................................................................................................................................... Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew Island Habitat Conservation Area Revision, and Modified Gear Trawl Zone ........................................................................................... Regulatory Amendment to Revise Charter Halibut Logbook Submission Requirements at 50 CFR part 300 ............ Addendum IV to the Weakfish Interstate Management Plan—Bycatch Trip Limit ....................................................... Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean ....................................................... Emergency Rule To Re-Open the Recreational Red Snapper Season in the Gulf of Mexico .................................... Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act ............................................................................................................................................... Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities ............................................................................................................................................................................... Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle ................................... Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act (Reg Plan Seq No. 29) ................................................................................................................................................................................ Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex .................................................................................... 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 0648–AV33 0648–AV51 0648–AV53 0648–AW24 0648–AX91 0648–AY05 0648–AY10 0648–AY11 0648–AY34 0648–AY38 0648–AY41 0648–AY75 0648–BA06 0648–AV15 0648–AW80 0648–AX06 0648–AX50 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 Regulation Identifier Number Sequence Number Title 267 268 Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .................................. Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory .................................................................................. 0648–AS65 0648–AH26 National Oceanic and Atmospheric Administration—Completed Actions Regulation Identifier Number Title 269 270 271 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Sequence Number South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ......................................................................... 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 .......................................................................................................................................................................... Amendment 3 to the Northeast Skate Complex Fishery Management Plan ................................................................ Atlantic Highly Migratory Species; Atlantic Shark Management Measures .................................................................. Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico ...................... Snapper-Grouper Fishery Management Plan of the South Atlantic ............................................................................. Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the Bering Sea Aleutian Islands ................................................................................................................................................................... 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ....................................... 2010 to 2012 Atlantic Herring Fishery Specifications and Management Measures ..................................................... Remove Certain Reporting Requirements Under the Crab Rationalization Program .................................................. Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan ................. 272 273 274 275 276 277 278 279 280 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP7.SGM 20DEP7 0648–AV31 0648–AW11 0648–AW15 0648–AW30 0648–AW65 0648–AX67 0648–AX75 0648–AX89 0648–AY04 0648–AY14 0648–AY28 0648–AY29 79729 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Completed Actions (Continued) Regulation Identifier Number Sequence Number Title 281 282 Framework 21 to the Atlantic Sea Scallop Fishery Management Plan ........................................................................ Amendments 95/96/87 for the BSAI and GOA Groundfish FMPs for BSAI Skates and Groundfish Annual Catch Limits and Accountability Measures ............................................................................................................................ 2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan .......................... Fishing Year 2010 Atlantic Deep-Sea Red Crab Specifications ................................................................................... Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Set 2010 Management Measures for Red Snapper ......................................................................................................................................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal Whiting Regulations .......... Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures ............................... 2010 Atlantic Bluefin Tuna Quota Specifications .......................................................................................................... Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments ....... Inseason Adjustment to the FY 2010 Atlantic Deep Sea Red Crab Specifications ..................................................... Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ........................................................................................................................................... 283 284 285 286 287 288 289 290 291 0648–AY43 0648–AY48 0648–AY50 0648–AY51 0648–AY57 0648–AY59 0648–AY60 0648–AY77 0648–AY82 0648–AY88 0648–AV94 Patent and Trademark Office—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 292 293 Revision of USPTO Fees for Fiscal Year 2011 ............................................................................................................ Revision of USPTO Fees for Fiscal Year 2012 ............................................................................................................ 0651–AC43 0651–AC44 Patent and Trademark Office—Final Rule Stage Sequence Number Title Regulation Identifier Number 294 Interim Increase on Patent Fees for Fiscal Year 2011 ................................................................................................. 0651–AC42 Department of Commerce (DOC) International Trade Administration (ITA) 218. COMMERCIAL AVAILABILITY OF FABRIC AND YARN jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Legal Authority: PL 106–200, sec 112(b)(5)(B); PL 106–200, sec 211; EO 13191; PL 107–210, sec 3103 Abstract: This rule implements certain provisions of the Trade and Development Act of 2000 (the Act). Title I of the Act (the African Growth and Opportunity Act or AGOA), title II of the Act (the United StatesCaribbean Basin Trade Partnership Act or CBTPA), and title XXXI of the Trade Act of 2002 (the Andean Trade Promotion and Drug Eradication Act or ATPDEA) provide for quota- and dutyfree treatment for qualifying apparel products from designated beneficiary countries. AGOA and CBTPA authorize quota- and duty-free treatment for VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Long-Term Actions apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more designated beneficiary countries from yarn or fabric that is not formed in the United States or a beneficiary country, provided it has been determined that such yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner. The President has delegated to the Committee for the Implementation of Textile Agreements (the Committee), which is chaired by the Department of 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- PO 00000 Frm 00005 Fmt 1254 Sfmt 1254 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 NPRM To Be Determined FR Cite Regulatory Flexibility Analysis Required: Yes E:\FR\FM\20DEP7.SGM 20DEP7 79730 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—ITA Long-Term Actions Email: janetlheinzen@ita.doc.gov RIN: 0625–AA59 Agency Contact: Janet Heinzen Phone: 202 482–4006 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) Action jlentini on DSKJ8SOYB1PROD with PROPOSALS7 FR Cite 02/00/11 03/00/11 Regulatory Flexibility Analysis Required: Yes 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). Jkt 223001 Date NPRM NPRM Comment Period End 219. MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE–BASED PACIFIC WHITING FISHERY 19:24 Dec 17, 2010 Timetable: Timetable: NATIONAL MARINE FISHERIES SERVICE VerDate Mar<15>2010 Proposed Rule Stage Action Date ANPRM ANPRM Comment Period End Notice of Public Meeting NPRM FR Cite 05/10/05 70 FR 24495 06/09/05 05/03/10 75 FR 23245 12/00/10 Agency Contact: Barry Thom, Regional Administrator, Northwest Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, Building 1, 7600 Sand Point Way NE., Seattle, WA 48115–0070 Phone: 206 526–6150 Fax: 206 526–6426 Email: barry.thom@noaa.gov Regulatory Flexibility Analysis Required: Yes RIN: 0648–AR63 RIN: 0648–AT31 220. AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION 221. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS 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 Legal Authority: 16 USC 5101 et seq Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 16 USC 1531 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) and 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. Abstract: Pursuant to 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 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 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP7.SGM 20DEP7 79731 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage 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 12/00/10 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AV76 222. 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 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 to clarify the requirements and procedures for responding to stranded marine mammals and for determining the disposition of rehabilitated marine mammals, which includes the procedures for the placement of nonreleasable animals and for authorizing VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 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 12/00/10 223. 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 Frm 00007 Fmt 1254 Sfmt 1254 Timetable: Action Date Notice of Intent NPRM FR Cite 05/08/08 73 FR 26082 12/00/10 FR Cite 01/31/08 73 FR 5786 03/31/08 Regulatory Flexibility Analysis Required: Yes Agency Contact: David Cottingham, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Fax: 301 713–2521 Email: david.cottingham@noaa.gov RIN: 0648–AW22 PO 00000 also must comply with all applicable laws. 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 224. ALLOWABLE MODIFICATIONS TO THE TURTLE EXCLUDER DEVICE REQUIREMENTS Legal Authority: 16 USC 1531 et seq Abstract: NMFS proposes to revise the Turtle Excluder Device (TED) requirements to allow new materials and modifications to existing approved TED designs. Specifically, proposed allowable modifications include the use of flat bar, box pipe, and oval pipe for use in currently-approved TED grids; an increase in mesh size on escape flaps from 1-5/8 inches to 2 inches; the use of the Boone single straight cut and triangular escape openings; specifications on the use of TED grid brace bars; and the use of the Chauvin Shrimp Kicker to improve shrimp retention. Timetable: Action Date NPRM FR Cite 05/00/11 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 Email: michael.barnette@noaa.gov RIN: 0648–AW93 E:\FR\FM\20DEP7.SGM 20DEP7 79732 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage 225. REGULATORY AMENDMENT 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 12/00/10 Regulatory Flexibility Analysis Required: Yes Timetable: Action Date Notice of Intent NPRM FR Cite 08/11/08 73 FR 46590 02/00/11 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 227. 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 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 Abstract: This 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: 226. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY MANAGEMENT PLAN jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Legal Authority: 16 USC 1801 et seq Abstract: Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan 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. VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Action Date NPRM FR Cite Abstract: At the June 2009 Council meeting, the Caribbean Fishery Management Council decided to amend the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (U.S.V.I.) to establish compatible regulations with U.S.V.I. territorial regulations. Currently, fishing for and possession of Queen Conch is prohibited in the Exclusive Economic Zone, with the exception of an area known as Lang Bank east of St. Croix, which is open to harvest of Queen Conch from October 1 through June 30. In U.S.V.I. territorial waters, Queen Conch is managed under a 50,000 pound quota. This action would implement compatible regulations which will close the harvest of Queen Conch in federal waters, including Lang Bank, once the quota has been reached in the U.S.V.I. and the fishery is closed in territorial waters. Timetable: Action Date NPRM 03/00/11 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY03 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AX47 228. AMENDMENT 3 TO THE FISHERY MANAGEMENT PLAN FOR QUEEN CONCH RESOURCES OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS ESTABLISHING COMPATIBLE REGULATIONS WITH U.S. VIRGIN ISLANDS TERRITORIAL WATERS Legal Authority: 16 USC 1801 et seq PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 229. FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC; KLAMATH RIVER FALL CHINOOK SALMON REBUILDING PLAN Legal Authority: 16 USC 1854 Abstract: This action would adopt a rebuilding plan for the Klamath River Fall Chinook salmon (KRFC) stock, which failed to meet conservation objectives specified in the Fishery Management Plan for the three year period 2004-2006. Timetable: Action Date NPRM FR Cite 05/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable E:\FR\FM\20DEP7.SGM 20DEP7 79733 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AY06 230. AMENDMENT 3 TO THE SPINY DOGFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: The New England and MidAtlantic Fishery Management Councils (Councils) announce their intention to prepare, in cooperation with NMFS, an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative measures to address several issues regarding the Spiny Dogfish Fishery Management Plan (FMP). Issues that may be addressed include: initiating a Research Set-Aside provision; specifying the spiny dogfish quota and/or possession limits by sex; adding a recreational fishery to the FMP; identifying commercial quota allocation alternatives; and establishing a limited access fishery. Timetable: Action Date Notice of Intent to Begin Scoping Notice of Intent Comment Period End Notice of Intent to Prepare an EIS NOI Comment Period End NPRM FR Cite 08/05/09 74 FR 39063 09/04/09 05/13/10 75 FR 26920 06/01/10 05/00/11 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 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–AY12 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 231. 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 maintains the integrity of data collected under the observer program. Timetable: Action Date NPRM FR Cite 12/00/10 ACLs. Some examples of these actions include: establishing sector specific ACLs, selecting levels of risk associated with species yields, considering removal or withdrawal of species from FMPs, and delegating species or species assemblages to state regulators. Timetable: Action Date Notice of Intent NPRM FR Cite 08/04/09 74 FR 47206 05/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY22 233. AMENDMENT 14 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN 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 Legal Authority: 16 USC 1801 et seq 232. GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS Legal Authority: 16 USC 1801 Abstract: The generic amendment is intended to modify five of the Gulf of Mexico Fishery Management Council’s Fishery Management Plans (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 Annual Catch Limits (ACLs) in co-operation with the Scientific and Statistical Committee and the Southeast Fisheries Science Center. NMFS, in collaboration with the Council, will develop a Draft Environmental Impact Statement to evaluate alternatives and actions for the 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 PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 Abstract: The purpose of Amendment 14 is to consider catch shares in the Loligo and Illex fisheries and monitoring/mitigation for river herring bycatch in mackerel, squid and butterfish (MSB) fisheries. Timetable: Action Date NPRM 03/00/11 FR Cite Regulatory Flexibility Analysis Required: Yes RIN: 0648–AY26 234. FISHERIES IN THE WESTERN PACIFIC; PELAGIC FISHERIES; PURSE SEINE FISHING WITH FISH AGGREGATION DEVICES Legal Authority: 16 USC 1801 et seq Abstract: The Western Pacific Council is amending the Pelagics Fishery E:\FR\FM\20DEP7.SGM 20DEP7 79734 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage Ecosystem Plan (FEP) to (1) define fish aggregating devices (FADs) as purposefully-deployed or instrumented floating objects, (2) require FADs to be registered, and (3) prohibit purse seine fishing using FADs in the US EEZ of the western Pacific. The objective of this action is to appropriately balance the needs and concerns of the western Pacific pelagic fishing fleets and associated fishing communities with the conservation of tuna stocks in the western Pacific. Timetable: Action Date NPRM 03/00/11 FR Cite 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–AY36 235. AMENDMENT 5 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN Action Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan will consider: catch monitoring program; interactions with river herring; access by herring midwater trawl vessels in groundfish closed areas; and interactions with the mackerel fishery. Timetable: Date NPRM FR Cite 11/00/11 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 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–AY47 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Date NPRM Legal Authority: 16 USC 1801 Action 236. AMENDMENT 2 TO THE FMP FOR THE QUEEN CONCH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS AND AMENDMENT 5 TO THE REEF FISH FMP OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS Legal Authority: 16 USC 1801 et seq Abstract: The Magnuson-Stevens Fishery Conservation and Management Act (MSRA: Public Law 94-265), as amended through January 12, 2007, requires the establishment of annual catch limits (ACLs) and accountability measures (AMs) during 2010 for all species that are considered to be overfished or undergoing overfishing. The present amendment is being promulgated to meet those MSRA mandates as well as to establish framework procedures with which to effect future changes to the management plan and to restructure the fisheries management units for grouper and snapper. Various alternatives are included in the draft amendment, including maintenance of the status quo for each action as well as various alternatives regarding the yearsequences used to establish ACLs and the strategies to be employed to account for overages and to respond to needed changes in management methods. Timetable: FR Cite 05/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY55 237. ∑ AMENDMENT 10 TO THE FISHERY MANAGEMENT PLAN FOR SPINY LOBSTER IN THE GULF OF MEXICO AND SOUTH ATLANTIC Legal Authority: 16 USC 1801 Abstract: In 2006 the MagnusonStevens Fishery Conservation and Management Act (MSFCMA) was reauthorized and included a number of changes to improve conservation of managed fishery resources. Included in these changes are requirements that the PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 Regional Councils must establish both a mechanism for specifying annual catch limits (ACLs) at a level such that overfishing does not occur in the fishery and accountability measures (AMs) to correct if overages occur. Accountability measures are management controls to prevent the ACLs from being exceeded and to correct by either in-season or postseason measures if they do occur. The Spiny Lobster fishery is jointly managed by the Gulf and South Atlantic Councils. Amendment 10 to the FMP will set ACLs and AMs, review current regulations, and implement reasonable and prudent measures from the Biological Opinion. Timetable: Action Date Notice of Intent FR Cite 11/00/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY72 238. ∑ COMPREHENSIVE ANNUAL CATCH LIMITS AMENDMENT TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER GROUPER FISHERY OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 et seq Abstract: The purpose of this amendment is to establish Annual Catch Limits (ACLs) and Accountability Measures (AMs) for species not undergoing overfishing, including management measures to reduce the probability that catches will exceed the stocks’ ACLs pursuant to reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements. Proposed actions include removal of species from the South Atlantic Snapper Grouper fishery management unit (FMU), designating some Snapper Grouper species as ecosystem component species, considering multispecies groupings for specifying ACLs, ACTs, and AMs, specifying allocations among the commercial, recreational, and for-hire sectors for species not undergoing overfishing, and modifying E:\FR\FM\20DEP7.SGM 20DEP7 79735 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage management measures to limit total mortality to the ACL. Timetable: Action Date NPRM 11/00/11 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY73 Timetable: Action Date NPRM 11/00/11 FR Cite jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Jkt 223001 FR Cite Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AY81 241. ∑ REGULATORY AMENDMENT TO CORRECT AND CLARIFY AMENDMENT 16 AND SUBSEQUENT FRAMEWORKS OF THE NORTHEAST MULTISPECIES FISHERIES MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: This action makes corrections and clarifications to the final rule implementing Amendment 16 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 16 and subsequent actions. Timetable: Action Date NPRM FR Cite 12/00/10 Regulatory Flexibility Analysis Required: Yes 240. ∑ REGULATORY AMENDMENT TO RECOVER THE ADMINISTRATIVE COSTS OF PROCESSING PERMIT APPLICATIONS Legal Authority: 16 USC 1801 et seq; 16 USC 1853; 16 USC 1854; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108–447 19:24 Dec 17, 2010 01/00/11 Regulatory Flexibility Analysis Required: Yes Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY74 VerDate Mar<15>2010 Date NPRM 239. ∑ AMENDMENT 20 TO THE SNAPPER GROUPER FISHERY MANAGEMENT PLAN OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 et seq Abstract: Amendment 20 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region consists of regulatory actions that focus on modifications to the wreckfish individual transferable quota (ITQ) program, bringing the program into compliance with the Reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and make other administrative, monitoring, and enforcement changes. Timetable: Action Abstract: This action amends the fishery management plans of the North Pacific Fishery Management Council and revises federal regulations at 50 CFR 679 to recover the administrative costs of processing applications for permits required under those plans. 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–AY95 PO 00000 Frm 00011 Fmt 1254 Sfmt 1254 242. ∑ FISHERIES OFF WEST COAST STATES; PACIFIC COAST GROUNDFISH FISHERY; 2011–2012 BIENNIAL SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1801 et seq Abstract: This rule sets the 2011-2012 harvest specifications and management measures for groundfish taken in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California. This rule also implements Pacific Coast Groundfish Fishery Management Plan Amendments 16-5 and 23. Timetable: Action Date Notice of Availability Notice of Availability Comment Period End NPRM FR Cite 10/01/10 75 FR 60709 11/30/10 12/00/10 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–BA01 243. ∑ 2011 SPECIFICATIONS FOR THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY Legal Authority: 16 USC 1801 et seq Abstract: NMFS proposes specifications for the 2011 fishing year for Atlantic mackerel, squid, and butterfish (MSB). Regulations governing these fisheries require NMFS to publish proposed specifications for the upcoming fishing year and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the MSB resources. Timetable: Action Date NPRM 12/00/10 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast E:\FR\FM\20DEP7.SGM 20DEP7 79736 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage 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–BA03 244. ∑ FISHING CAPACITY REDUCTION PROGRAM FOR THE SOUTHEAST ALASKA PURSE SEINE SALMON FISHERY Legal Authority: 16 USC 1801 et seq; 46 USC 53701 et seq; PL 108–447; PL 109–447; PL 110–161 Abstract: This rule would implement a Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery which is a state controlled fishery. This program is voluntary and holders of valid limited entry permits issued by the Alaska Commercial Fisheries Entry Commission to operate in the Southeast Alaska Purse Seine Salmon Fishery are eligible to participate. Permit holders in the program will receive up to $23.5 million, in the aggregate, in exchange for relinquishing permits. NMFS would issue a 30-year loan to finance the buyback and the loan would be repaid by those harvesters remaining in the fishery. The intent of this rule is to permanently reduce the most harvesting capacity in the fishery at the least cost, which should result in increased harvesting productivity for post-reduction permit holders participating in the fishery and should improve flexibility in the conservation and management of the fishery. The rule would also establish a fee collection system to ensure repayment of the loan. Action Date NPRM FR Cite 01/00/11 Regulatory Flexibility Analysis Required: Yes jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Legal Authority: 16 USC 1533 Abstract: With this action, the National Marine Fisheries Service (NMFS) announces that it is considering technical changes to the requirements for turtle excluder devices (TEDs), and to solicit public comment. Specifically, NMFS would modify the size of the TED escape opening currently required in the summer flounder fishery; require the use of TEDs in the whelk, calico scallop, and Mid-Atlantic scallop trawl fisheries; require the use of TEDs in flynets; and move the current northern boundary of the Summer Flounder Fishery-Sea Turtle Protection Area off Cape Charles, Virginia, to a point farther north. Timetable: Action Date ANPRM ANPRM Comment Period End ANPRM Comment Period Extended NPRM FR Cite 02/15/07 72 FR 7382 03/19/07 03/19/07 72 FR 12749 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AV04 246. MARINE MAMMAL PROTECTION ACT PERMIT REGULATION REVISIONS Legal Authority: 16 USC 1374 Timetable: Agency Contact: Emily Menashes, Acting Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East West Highway, Silver Spring, MD 20910 Phone: 301 713–2234 Email: emily.menashes@noaa.gov RIN: 0648–BA13 VerDate Mar<15>2010 245. POTENTIAL REVISIONS TO THE TURTLE EXCLUDER DEVICE REQUIREMENTS 19:24 Dec 17, 2010 Jkt 223001 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 PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 General Authorization (GA) to research activities involving Level A harassment of non-endangered marine mammals, and implement a ‘‘permit application cycle’’ for application submission and processing of all marine mammal permits. NMFS intends to write regulations for marine mammal photography permits and is considering whether this activity should be covered by the GA. Timetable: Action Date ANPRM ANPRM Comment Period Extended ANPRM Comment Period End ANPRM Comment Period End NPRM FR Cite 09/13/07 72 FR 52339 10/15/07 72 FR 58279 11/13/07 72 FR 52339 12/13/07 72 FR 58279 05/00/11 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 247. TAKE AND IMPORT MARINE MAMMALS: TAKE OF MARINE MAMMALS INCIDENTAL TO ROUTINE OPERATIONS OF 13 POWER GENERATING STATIONS IN CENTRAL AND SOUTHERN CALIFORNIA Legal Authority: 16 USC 1361 et seq Abstract: The National Marine Fisheries Service (NMFS) proposes to govern the take of marine mammals by Level A harassment (injury) and mortality from 13 power generating stations located on the coast of central and southern California incidental to routine power plant operations for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. Incidental takings of marine mammals, including California sea lions, harbor seals, and northern elephant seals can and do occur as a result of the operation of circulating water systems (CWS) by the electrical power E:\FR\FM\20DEP7.SGM 20DEP7 79737 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage generation plants located on the coast of central and southern California described in the incidental take authorization applications. These CWS are an integral part of these power stations that provide continuous cooling water necessary for power generation and safety of the facility. The typical location of entrainment occurs as water is taken into the plant via submerged structures or canals. Intake velocities may be strong enough to pull live animals into the plant, particularly if they are actively seeking prey in the vicinity of intake structures. Confinement within intake plumbing could lead to confusion and panic, especially for young, immature animals. If the animal is unable to escape, it could (1) drown or become fatally injured in transit between intake and large sedimentation basins within the plants known as forebays; (2) survive the transit and succumb in the forebay due to exhaustion, illness, or disease; or (3) survive the transit and be rescued by plant personnel using cages specially designed for such an activity. It is also likely that previously dead animals may end up entrained as well. Timetable: Action Date NPRM 05/00/11 FR Cite 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–AW59 flounder trawler, and the use of TEDs in this fishery; the use of TEDs in the croaker and weakfish flynet, whelk, Atlantic sea scallop, and calico scallop trawl fisheries of the Atlantic Ocean; and new seasonal and temporal boundaries for TED requirements. In addition, this rule will address the definition of the Gulf Area applicable to the shrimp trawl fishery in the southeast Atlantic and Gulf of Mexico. The purpose of the rule is to aid in the protection and recovery of listed sea turtle populations by reducing mortality in trawl fisheries through the use of TEDs. Timetable: 248. REDUCE SEA TURTLE BYCATCH IN ATLANTIC TRAWL FISHERIES Legal Authority: 16 USC 1531 et seq Abstract: NMFS is initiating a rulemaking action to reduce injury and mortality to endangered and threatened sea turtles resulting from incidental take, or bycatch, in trawl fisheries in the Atlantic waters. NMFS will likely address the size of the turtle excluder device (TED) escape opening currently required in the summer flounder trawl fishery, the definition of a summer Action Date NPRM 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alexis Gutierrez, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Email: alexis.gutierrez@noaa.gov RIN: 0648–AY61 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE 249. AMENDING REGULATIONS FOR THE PACIFIC HALIBUT, SABLEFISH, AND POLLOCK FISHERIES CONDUCTED UNDER THE WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Legal Authority: 16 USC 1801 et seq; 16 USC 773 et seq; 3631 et seq; PL 108–447 Abstract: NMFS proposes to amend regulations that govern fisheries managed under the Western Alaska Community Development Quota (CDQ) Program. These revisions are needed to comply with certain changes made to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in 2006. Proposed changes include revising regulations associated with recordkeeping, vessel licensing, catch retention requirements, and fisheries VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Final Rule Stage observer requirements to ensure that they are no more restrictive than the regulations in effect for comparable non-CDQ fisheries managed under individual fishing quotas or cooperative allocations. In addition, NMFS proposes to remove CDQ Program regulations that now are inconsistent with the Magnuson-Stevens Act, including regulations associated with the CDQ allocation process, transfer of groundfish CDQ and halibut prohibited species quota, and the oversight of CDQ groups expenditures. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AV33 250. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN ILLEGAL, UNREPORTED, AND UNREGULATED FISHING OR BYCATCH OF PROTECTED LIVING MARINE RESOURCES 07/13/10 75 FR 39892 08/12/10 Regulatory Plan: This entry is Seq. No. 28 in part II of this issue of the Federal Register. 12/00/10 RIN: 0648–AV51 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and PO 00000 Frm 00013 Fmt 1254 FR Cite Sfmt 1254 E:\FR\FM\20DEP7.SGM 20DEP7 79738 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Final Rule Stage 251. MAGNUSON–STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT ENVIRONMENTAL REVIEW PROCEDURE Legal Authority: 16 USC 1801 et seq. 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 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. This rule would revise and update the NMFS procedures for complying with NEPA in the context of fishery management actions developed pursuant to MSRA. Timetable: Action Date jlentini on DSKJ8SOYB1PROD with PROPOSALS7 NPRM NPRM Comment Period End Final Action FR Cite 05/14/08 73 FR 27998 06/13/08 12/00/10 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 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 252. 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 revises Federal regulations relevant to numerous administrative and procedural requirements applicable to observer providers, observers, and industry participating in the North Pacific Groundfish Observer Program. Specifically, this action would: modify the current permit issuance process so that observer and observer provider permit issuance is a discretionary National Marine Fisheries Service (NMFS) decision; amend current Federal regulations addressing observer behavior involving drugs, alcohol, and physical sexual conduct to remove NMFS oversight of observer behavior that does not affect job performance; require that observer providers submit policies related to these activities and continue to notify NMFS upon learning of an incident; revise Federal regulations so that observer providers are allowed to provide observers or technical staff for purposes of exempted fishing permits, scientific research permits, or other scientific research activities; revise the definition of fishing day in Federal regulations; require observer providers to annually submit detailed economic information to NMFS; specify a date by which observers who have collected data in the previous fishing year would be required to be available for debriefing; and implement housekeeping issues related to errors or clarifications in existing regulations at 50 CFR 679.50. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 09/30/09 74 FR 50155 10/31/09 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AW24 PO 00000 Frm 00014 Fmt 1254 Sfmt 1254 253. REVOKE INACTIVE QUOTA SHARE AND ANNUAL INDIVIDUAL FISHING QUOTA FROM A HOLDER OF QUOTA SHARE UNDER THE PACIFIC HALIBUT AND SABLEFISH FIXED GEAR INDIVIDUAL FISHING QUOTA PROGRAM Legal Authority: 16 USC 1801 et seq; 16 USC 773 Abstract: This action would amend existing commercial fishing regulations for the fixed-gear Pacific Halibut and sablefish individual fishing quota program at 50 CFR 679. The amendment would revoke inactive quota share unless the quota share permit holder affirmatively notices NMFS in writing within 60 days of the agency’s preliminary determination of inactivity that they choose to (a) retain the inactive IFQ quota share, (b) activate the quota share through transfer or by fishing, or (c) appeal the preliminary determination. Quota share that is not activated through this process and is revoked would be proportionally distributed to the quota share pool. This regulatory revision is based on the recommendations of the North Pacific Fishery Management Council in June 2006 and again in February 2009. Amending the regulations would improve the efficiency of the Pacific Halibut and Sablefish IFQ program and augment operational flexibility of participating fisherman. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 08/23/10 75 FR 51741 09/22/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AX91 254. REGULATORY AMENDMENT TO THE FISHERY MANAGEMENT PLAN FOR THE REEF FISH FISHERY OF PUERTO RICO MODIFYING THE BAJO DE SICO SEASONAL CLOSURE Legal Authority: 16 USC 1801 E:\FR\FM\20DEP7.SGM 20DEP7 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Final Rule Stage Abstract: The rule would modify the seasonal closure of Bajo de Sico, an area off the west coast of Puerto Rico that has been identified as critically important habitat for commercially exploited snappers and groupers. Current regulations prohibit all fishing activities, including Highly Migratory Species (HMS) from December 1 through the end of February each year as well as a year-round prohibition of bottom tending gear (i.e., traps, pots, gillnets, trammel nets, and bottom longlines). The rule would prohibit fishing for and possession of council managed species, including reef fish and spiny lobster, from October 1 through March 31. Queen Conch and coral reef resources are already prohibited year-round and will not be affected by this rule. Restrictions on bottom-tending gear will also not be affected by this rule. A year-round prohibition of anchoring within Bajo de Sico will also be implemented through this rule to provide further protection of established essential fish habitat. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 07/28/10 75 FR 44209 08/27/10 12/00/10 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 255. AMENDMENT 17A TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER GROUPER FISHERY OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 Abstract: The most recent red snapper stock assessment, completed February 2008, determined the species was undergoing overfishing and was overfished. Biomass shows a sharp decline during the 1950’s and 1960’s, continued decline during the 1970’s, and stable but low levels since 1980. The South Atlantic Fishery Management Council (Council) is required by the Magnuson-Stevens 19:24 Dec 17, 2010 Jkt 223001 Fishery Conservation and Management Act (Magnuson-Stevens Act) to implement rebuilding plans for overfished species. Therefore, Amendment 17A is being developed to establish a rebuilding plan and updated management reference points for red snapper in the South Atlantic. Additionally, revisions to the Magnuson-Stevens Act in 2006 require that by 2010, Fishery Management Plans (FMPs) for fisheries determined by the Secretary to be subject to overfishing establish a mechanism for specifying Annual Catch Limits (ACLs) at a level that prevents overfishing and does not exceed the recommendations of the respective Councils Scientific and Statistical Committee or other established peer review processes. These FMPs are also required to establish within this timeframe measures to ensure accountability. To comply with this Magnuson-Stevens Act requirement, Amendment 17A would establish an ACL and accountability measures for red snapper, and implement management measures to ensure harvest does not exceed the ACL. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Action Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY05 VerDate Mar<15>2010 79739 FR Cite 07/29/10 75 FR 44753 08/13/10 75 FR 49447 09/27/10 09/27/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY10 256. AMENDMENT 17B TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER GROUPER FISHERY OF THE SOUTH ATLANTIC REGION Legal Authority: 16 USC 1801 Abstract: Revisions to the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in 2006 require that by 2010, PO 00000 Frm 00015 Fmt 1254 Sfmt 1254 Fishery Management Plans (FMPs) for fisheries determined by the Secretary to be subject to overfishing establish a mechanism for specifying Annual Catch Limits (ACLs) at a level that prevents overfishing and does not exceed the recommendations of the respective Council’s Scientific and Statistical Committee or other established peer review processes. These FMPs are also required to establish within this timeframe measures to ensure accountability. To comply with this Magnuson-Stevens Act requirement Amendment 17B would: (1) Establish ACLs and accountability measures for snowy grouper, speckled hind, Warsaw grouper, black grouper, red grouper, golden tilefish, black sea bass, gag, and vermilion snapper; (2) implement management measures to ensure harvest of these snapper-grouper species does not exceed the ACLs; (3) specify allocations for golden tilefish; and (4) modify the current snappergrouper framework procedure to include ACLs, AMs, and annual catch targets. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Rule FR Cite 09/22/10 75 FR 57734 10/12/10 75 FR 62488 11/22/10 11/26/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY11 257. AMENDMENT 94 FOR BERING SEA MODIFIED NONPELAGIC TRAWL GEAR REQUIREMENTS, ST. MATTHEW ISLAND HABITAT CONSERVATION AREA REVISION, AND MODIFIED GEAR TRAWL ZONE Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108–447 Abstract: This regulation implements Amendment 94 to the Fishery E:\FR\FM\20DEP7.SGM 20DEP7 79740 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Final Rule Stage Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The regulation would require gear modification for nonpelagic trawl vessels targeting flatfish in the Bering Sea subarea. The modified gear would have elevating devices on trawl sweeps to raise the sweeps off the seafloor and reduce the potential impact on bottom habitat. This action also would change the Southern boundary of the Northern Bering Sea Research Area to create the Modified Gear Trawl Zone where anyone fishing with nonpelagic trawl gear must use modified trawl sweeps. The regulation also would change the eastern boundary of the Saint Matthew Island Habitat Conservation Area to further protect blue king crab habitat. Timetable: Action Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Rule Final Action Effective FR Cite 06/29/10 75 FR 37371 07/15/10 75 FR 41123 08/30/10 08/30/10 10/06/10 75 FR 61642 01/20/11 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov Action Date NPRM Comment Period End Final Rule RIN: 0648–AY38 259. ADDENDUM IV TO THE WEAKFISH INTERSTATE MANAGEMENT PLAN—BYCATCH TRIP LIMIT Legal Authority: 16 USC 5101 Abstract: NMFS proposes regulations that would modify management restrictions in the Federal weakfish fishery in a manner consistent with the Commission’s Weakfish Management Board’s (Board) approved Addendum IV to Amendment 4 to the ISFMP for Weakfish. In short, the proposed Federal regulatory change would decrease the incidental catch allowance for weakfish in the EEZ in non-directed fisheries using smaller mesh sizes, from 150 pounds to no more than 100 pounds per day or trip, whichever is longer in duration. In addition it would impose a one fish possession limit on recreational fishers. Timetable: 258. REGULATORY AMENDMENT TO REVISE CHARTER HALIBUT LOGBOOK SUBMISSION REQUIREMENTS AT 50 CFR PART 300 NPRM NPRM Comment Period End NPRM Comment Period Re–opened NPRM Comment Period End Final Action jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Timetable: Action NPRM VerDate Mar<15>2010 Date FR Cite 04/27/10 75 FR 22070 19:24 Dec 17, 2010 Jkt 223001 12/00/10 Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov Action Abstract: Clarifies and revises the charter halibut logbook submission requirements at 50 CFR part 300 to better match the submission schedule and reporting format of the Alaska Department of Fish and Game saltwater charter logbook. 05/12/10 Regulatory Flexibility Analysis Required: Yes RIN: 0648–AY34 Legal Authority: 16 USC 2431 et seq; 31 USC 9701 et seq FR Cite Date FR Cite 05/12/10 75 FR 26703 06/11/10 06/16/10 75 FR 34092 06/30/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 Email: alan.risenhoover@noaa.gov RIN: 0648–AY41 260. ∑ VESSEL CAPACITY LIMITS IN THE PURSE SEINE FISHERY IN THE EASTERN PACIFIC OCEAN Legal Authority: 16 USC 971 et seq; 16 USC 951 to 961 Abstract: NMFS is proposing regulations under authority of the Tuna Conventions Act of 1950 that would revise the vessel capacity limit in the purse seine fishery operating in the eastern Pacific Ocean (EPO) so it is consistent with the amount authorized by the Inter-American Tropical Tuna Commission (IATTC) under IATTC Resolution C-02-03. For the United States, a vessel capacity limit of 31,775 cubic meters, or 27,147 metric tons (mt) would be established per Resolution C02-03. Currently, the U.S. fleet capacity limit is 8,969 mt, or 10,498 cubic meters. This revision would ensure that the United States is satisfying its obligations as a member of the IATTC and not exceeding its allotted capacity in the fishery, and the U.S. industry is not being unreasonably burdened if U.S. participation in the fishery in the EPO increased in the future. While an increase in U.S. participation in this fishery would not be anticipated since currently only two purse seine vessels are on the IATTC Vessel Register and when excess U.S. capacity has been available in the past there has not been a surge to use this capacity by outside vessels, there is a potential for an increase in fishing effort and resultant fishing mortality to target (i.e., yellowfin, skipjack, and bigeye tunas) and non-target species in the purse seine fishery operating in the EPO. In addition, there is also the potential for insignificant, positive socioeconomic impacts if the proposed action led to an increase in catch and revenue for fishermen participating in the fishery. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 09/03/10 75 FR 54078 10/04/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Mark Helvey, Assistant Regional Administrator for Sustainable Fisheries, Department of Commerce, National Oceanic and E:\FR\FM\20DEP7.SGM 20DEP7 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Final Rule Stage Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802 Phone: 562 980–4040 Fax: 562 980–4047 Email: mark.helvey@noaa.gov Heidi Hermsmeyer, Department of Commerce, National Oceanic and Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802 Phone: 562 980–4036 Fax: 562 980–4047 Email: heidi.hermsmeyer@noaa.gov RIN: 0648–AY75 261. ∑ EMERGENCY RULE TO RE–OPEN THE RECREATIONAL RED SNAPPER SEASON IN THE GULF OF MEXICO Legal Authority: 16 USC 1801 et seq Abstract: The Gulf of Mexico Fishery Management Council (Council) has requested that NOAA Fisheries Service publish an emergency rule that will provide authority to the Regional Administrator to re-open the recreational red snapper season after the September 30, 2010, end of the fishing season, if it is determined that landings during the June 1-July 23 open season did not meet the quota. Timetable: Action Date NPRM NPRM Comment Period End Final Action— Emergency Rule Final Action— Emergency Rule Extension FR Cite 08/16/10 75 FR 49883 08/31/10 09/24/10 75 FR 58335 03/00/11 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–BA06 VerDate Mar<15>2010 79741 19:24 Dec 17, 2010 Jkt 223001 262. PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT Action Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543 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 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 NPRM Comment Period End PO 00000 Frm 00017 Fmt 1254 FR Cite 03/22/07 72 FR 13464 04/23/07 07/29/09 74 FR 37674 10/19/09 74 FR 53454 10/27/09 Sfmt 1254 Date NPRM Extended Comment Period End Final Rule FR Cite 01/15/10 01/00/11 263. TAKING AND IMPORTING MARINE MAMMALS; U.S. NAVAL SURFACE WARFARE CENTER PANAMA CITY DIVISION MISSION ACTIVITIES Legal Authority: 16 USC 1361 et seq Abstract: On April 3, 2008, the National Marine Fisheries Service (NMFS) received an application from the Navy requesting an authorization for the take of 15 species/stocks of cetacean incidental to the proposed mission activities in the Naval Surface Warfare Center Panama City Division (NSWC PCD) study area over the course of five years. These mission activities are classified as military readiness activities. The purpose of the proposed mission activities is to enhance NSWC PCD’s capability and capacity to meet littoral and expeditionary warfare requirements by providing Research, Development, Test, and Evaluation (RDT&E) and in service engineering for expeditionary maneuver warfare, operations in extreme environments, mine warfare, maritime operations, and coastal operations. The Navy states that these training activities may cause various impacts to marine mammal species in the NSWC PCD study area. The Navy requests an authorization to take individuals of these cetacean species by Level B Harassment. Further, the Navy requests an authorization to take 1 individual each of bottlenose, Atlantic spotted, and pantropical spotted dolphins per year by injury, as a result of the proposed mission activities. NMFS is issuing a proposed rule to govern the take of these marine mammals by Level B harassment (behavior) and Level A harassment E:\FR\FM\20DEP7.SGM 20DEP7 79742 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Final Rule Stage (injury) incidental to the aforementioned mission activities in the Naval NSWC PCD study area for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 04/30/09 74 FR 20156 06/01/09 12/00/10 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–AW80 264. RULE TO REVISE THE CRITICAL HABITAT DESIGNATION FOR THE ENDANGERED LEATHERBACK SEA TURTLE 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 Notice of Public Hearings NPRM Comment Period Extension NPRM Comment Period End NPRM Comment Period Extension End Final Action FR Cite 01/05/10 75 FR 319 02/01/10 75 FR 5015 02/19/10 75 FR 7434 03/08/10 04/19/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Sara McNulty, Ecologist, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 RIN: 0648–AX06 265. CRITICAL HABITAT DESIGNATION FOR COOK INLET BELUGA WHALE UNDER THE ENDANGERED SPECIES ACT Regulatory Plan: This entry is Seq. No. 29 in part II of this issue of the Federal Register. RIN: 0648–AX50 266. 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 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 267. FISHERY MANAGEMENT PLAN FOR REGULATING OFFSHORE MARINE AQUACULTURE IN THE GULF OF MEXICO Legal Authority: 16 USC 1801 et seq. Abstract: The purpose of this fishery management plan (FMP) is to develop a regional permitting process for VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 07/14/09 74 FR 33960 08/13/09 12/00/10 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–AX86 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE FR Cite Long-Term Actions regulating and promoting environmentally sound and economically sustainable aquaculture in the Gulf of Mexico (Gulf) exclusive economic zone. This FMP consists of ten actions, each with an associated range of management alternatives, which would facilitate the permitting of an estimated 5 to 20 offshore aquaculture operations in the Gulf over the next 10 years, with an estimated annual production of up to 64 million pounds. By establishing a regional PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 permitting process for aquaculture, the Gulf of Mexico Fishery Management Council will be positioned to achieve their primary goal of increasing maximum sustainable yield and optimum yield of federal fisheries in the Gulf by supplementing harvest of wild caught species with cultured product. Timetable: Action Date Notice of Availability E:\FR\FM\20DEP7.SGM 20DEP7 FR Cite 06/04/09 74 FR 26829 79743 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Action Long-Term Actions Date FR Cite NOA Comment Period 08/03/09 End NPRM To Be Determined Regulatory Flexibility Analysis Required: Yes 268. 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) Agency Contact: Roy E Crabtree Phone: 727 824–5305 Email: roy.crabtree@noaa.gov 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. RIN: 0648–AS65 Timetable: Action Date NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment Period Extended To Final Action 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: (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 actions necessary to implement ecosystembased fishery management. Timetable: Action Date Withdrawn FR Cite 08/05/10 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov 19:24 Dec 17, 2010 Jkt 223001 11/02/01 To Be Determined Agency Contact: Michael Payne Phone: 907 586–7235 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AH26 Completed Actions 270. AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN 271. 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 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 Withdrawn FR Cite 08/17/10 Regulatory Flexibility Analysis Required: Yes 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. Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov Action RIN: 0648–AW11 Notice of Intent Timetable: Date FR Cite 10/11/07 72 FR 58057 Regulatory Flexibility Analysis Required: Yes RIN: 0648–AV31 VerDate Mar<15>2010 09/04/01 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) 269. SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT FR Cite 07/03/01 66 FR 35209 08/22/01 66 FR 44109 PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 E:\FR\FM\20DEP7.SGM 20DEP7 79744 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions 273. ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT MEASURES Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov Legal Authority: 16 USC 1801 et seq RIN: 0648–AW15 272. 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 Final Action Final Action Effective FR Cite 01/21/10 75 FR 3434 02/22/10 06/16/10 75 FR 34049 06/16/10 jlentini on DSKJ8SOYB1PROD with PROPOSALS7 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 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Abstract: This rule evaluates 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 implements a rebuilding plan for blacknose sharks. To the extent that blacknose sharks are caught in fisheries that are not targeted highly migratory species fisheries, the National Marine Fisheries Service (NMFS) will work with the appropriate Regional Fishery Management Council, Interstate Commission, and States to implement regulations through their processes to rebuild blacknose sharks. This action is necessary in light of recent stock assessments, which have determined that blacknose sharks are overfished with overfishing occurring. As needed, this rule may include others items to clarify existing regulations. Timetable: Action Date Notice of Intent Notice of Scoping Meetings and Extension of Comment Period Notice of Intent Comment Period End Notice of Intent Comment Period Extended—Second Extension Notice of Intent Comment Period Extension End Second Extension Comment Period End NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment Period Extended End Final Action FR Cite 05/07/08 73 FR 25665 07/02/08 73 FR 37932 08/05/08 10/29/08 73 FR 64307 Fmt 1254 274. 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 Service (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: 11/14/08 07/24/09 74 FR 36892 08/10/09 74 FR 39914 09/22/09 09/25/09 06/01/10 75 FR 30483 Sfmt 1254 Date NPRM NPRM Comment Period End Final Action Final Rule — Correction Notice 10/31/08 Agency Contact: Margo Schulze–Haugen, Department of Frm 00020 RIN: 0648–AW65 Action Regulatory Flexibility Analysis Required: Yes PO 00000 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 FR Cite 01/15/10 75 FR 2469 03/01/10 04/26/10 75 FR 21512 05/24/10 75 FR 28760 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AX67 E:\FR\FM\20DEP7.SGM 20DEP7 79745 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions 275. SNAPPER–GROUPER FISHERY MANAGEMENT PLAN OF THE SOUTH ATLANTIC Legal Authority: 16 USC 1801 Abstract: This action would implement an interim measure to prohibit the harvest of red snapper for 180 days to address overfishing of red snapper, through interim measures. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective Extension of Final Action FR Cite 07/06/09 74 FR 31906 08/05/09 12/04/09 74 FR 63673 01/04/10 05/18/10 75 FR 27658 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AX75 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. Timetable: Action 276. SALMON BYCATCH REDUCTION MANAGEMENT MEASURES FOR THE FISHERY MANAGEMENT PLAN 91 IN THE BERING SEA ALEUTIAN ISLANDS jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 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 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Rule Final Rule Effective Correction FR Cite 02/18/10 75 FR 7228 03/23/10 75 FR 14016 04/19/10 05/07/10 08/30/10 75 FR 53025 09/29/10 09/24/10 75 FR 58337 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AX89 277. 2010 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES Legal Authority: 16 USC 1801 Abstract: This action implements the 2010 recreational management PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 measures (minimum fish size, fishing seasons, and possession limits) for the summer flounder, scup, and black sea bass fisheries. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Final Action Effective FR Cite 04/27/10 75 FR 22087 05/27/10 07/08/10 75 FR 39170 08/09/10 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 278. 2010 TO 2012 ATLANTIC HERRING FISHERY SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1801 Abstract: NMFS takes this action to implement specifications for the 20102012 fishing years for Atlantic herring. Regulations governing this fishery require NMFS to publish proposed specifications for the upcoming fishing years and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the Atlantic herring resource. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 04/20/10 75 FR 20550 05/20/10 08/12/10 75 FR 48874 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–AY14 E:\FR\FM\20DEP7.SGM 20DEP7 79746 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions 279. REMOVE CERTAIN REPORTING REQUIREMENTS UNDER THE CRAB RATIONALIZATION PROGRAM fishery for fishing years 2010, 2011, and 2012. Legal Authority: 16 USC 1801 Action Abstract: This rule would remove requirements under the Crab Rationalization (CR) Program in 50 CFR part 680. The requirements are removed for an operator of a catcher/processor to weigh processed crab when it is removed from the vessel and to report that weight to NMFS on an offload report. Currently, NMFS requires crab to be weighed onboard the catcher/processor before they are processed, and this weight is reported to NMFS. In the three years since implementation of the CR Program, NMFS has determined that the additional requirements to weigh processed crab when they are removed from the vessel and report that weight to NMFS are no longer necessary. Advancements in at sea reporting (eLandings), and the reliability of the at-sea motion-compensated hopper scales provide adequate information for NMFS to monitor and enforce proper reporting of crab catch. NPRM NPRM Comment Period End Final Rule Final Rule Effective Temporary Rule Temporary Rule Effective Temporary Rule – Adjustments Effective Temporary Rule–Adjustments to Specifications Timetable: RIN: 0648–AY29 Action Date NPRM NPRM Comment Period End Final Rule FR Cite 04/09/10 75 FR 18356 05/01/10 05/26/10 75 FR 29459 05/26/10 09/07/10 09/10/10 75 FR 55286 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 08/10/10 75 FR 48298 08/25/10 281. FRAMEWORK 21 TO THE ATLANTIC SEA SCALLOP FISHERY MANAGEMENT PLAN 09/16/10 75 FR 56485 Legal Authority: 16 USC 1801 et seq Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AY28 280. FRAMEWORK ADJUSTMENT 44 AND SPECIFICATIONS FOR THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Date 02/01/10 75 FR 5016 03/01/10 FR Cite Regulatory Flexibility Analysis Required: Yes Legal Authority: 16 USC 1801 Abstract: Framework Adjustment 44 and Specifications will modify management measures for the Northeast (NE) Multispecies Fishery Management Plan (FMP) to make the FMP more precautionary, and implement Annual Catch Limit (ACL) specifications for the VerDate Mar<15>2010 Timetable: 19:24 Dec 17, 2010 Jkt 223001 Abstract: Framework Adjustment 21 to the Atlantic Sea Scallop Fishery Management Plan (Framework 21) will set specifications for the 2010 scallop fishing year, which begins March 1, 2010, including adjustments to the total allowable catch, days-at-sea (DAS) allocations, scallop access area rotation schedule, and access area trip allocations. This framework is for a single year because the Council is working on Amendment 15, which will establish a process for implementing annual catch limits that are required to be in place in 2011 for the scallop fishery. Framework 21 must also comply with the requirements of the March 14, 2008, (amended February 5, 2009), Biological Opinion completed for the Atlantic Sea Scallop fishery, which requires the amount of allocated scallop fishing effort by limited access DAS scallop vessels that can be used in the Mid-Atlantic to be limited during the time of year when sea turtle distribution overlaps with scallop PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 fishing activity. In addition, Framework 21 considers minor adjustments to the limited access general category individual fishing quota program, scheduled to be implemented March 1, 2010, and the observer set-aside program. Timetable: Action Date NPRM NPRM Comment Period End Final Rule Final Action Effective FR Cite 04/27/10 75 FR 22073 05/12/10 06/28/10 75 FR 36559 06/28/10 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–AY43 282. AMENDMENTS 95/96/87 FOR THE BSAI AND GOA GROUNDFISH FMPS FOR BSAI SKATES AND GROUNDFISH ANNUAL CATCH LIMITS AND ACCOUNTABILITY MEASURES Legal Authority: 16 USC 773 et seq; PL 108–447; PL 106–31; PL 106–554; PL 109–479; PL 105–277; 16 USC 1801; 16 USC 1540 Abstract: Amendments 96/87 to the fishery management plans (FMPs) for groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska would revise the FMPs to conform with the national standard 1 guidelines for annual catch limits and accountability measures. Revisions to the FMPs also include housekeeping measures that provide further explanation in the FMPs of current practices for setting annual catch limits and accountability measures. These FMP amendments would remove species groups (sharks, sculpins, octopus in the BSAI and sharks, sculpins, octopus, and squid in the Gulf of Alaska) from the other species complex and manage these groups separately in the target species category. The regulatory amendment would revise the regulations to be consistent with the changes made to the FMPs regarding harvest E:\FR\FM\20DEP7.SGM 20DEP7 79747 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions specifications for groups removed from the other species category. Amendment 95 to the FMP for Groundfish of the BSAI would move skates from the other species category into the target species category. Timetable: Action Date NOA Notice of Availability NOA Comment Period End Proprosed Rule Proposed Rule Comment Period End Notice of Availability Comment Period End Final Rule Final Rule Effective FR Cite 05/03/10 07/02/10 75 FR 38454 07/06/10 Timetable: 07/16/10 75 FR 41424 08/30/10 Action 08/31/10 NPRM NPRM Comment Period End Final Action 10/06/10 75 FR 61639 11/05/10 Regulatory Flexibility Analysis Required: Yes jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Regulatory Flexibility Analysis Required: Yes Agency Contact: James Balisger, Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: james.balsiger@noaa.gov RIN: 0648–AY48 283. 2010 SPECIFICATIONS AND MANAGEMENT MEASURES FOR THE SPINY DOGFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The Mid-Atlantic Fishery Management Council (MAFMC) and the New England Fishery Management Council (NEFMC) jointly manage the spiny dogfish fishery on the Atlantic coast through the Spiny Dogfish Fishery Management Plan (FMP), with the MAFMC having the lead. The FMP requires the Councils to recommend specifications for the spiny dogfish fishery consistent with the rebuilding program in the FMP. This fishery is managed through an annual quota and possession limits. The quota is divided semi-annually, with quota period 1 (May 1 through October 31) being allocated 57.9 percent of the quota, and quota period 2 (November 1 through April 30) being allocated 42.1 percent. For the 2010 fishing year, the MAFMC and NEFMC have adopted separate recommendations (ranging from a status quo of 12 million pounds to 29 million VerDate Mar<15>2010 pounds) to provide a sufficient range of alternatives for the purposes of allowing NOAA’s National Marine Fisheries Service to implement measures that are responsive to the best available data at the time of final rulemaking (the next assessment is scheduled to occur late January 2010, with preliminary results likely available at the end of February 2010). Both Councils adopted the status quo possession limit of 3,000 lb per trip. 19:24 Dec 17, 2010 Jkt 223001 Date FR Cite 04/02/10 75 FR 16716 05/02/10 06/24/10 75 FR 36012 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–AY50 284. FISHING YEAR 2010 ATLANTIC DEEP–SEA RED CRAB SPECIFICATIONS Legal Authority: 16 USC 1801 et seq Abstract: NMFS takes this action to establish the target total allowable catch and days-at-sea allocation for FY 2010 for the red crab fishery. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 02/19/10 75 FR 7435 03/22/10 05/14/10 75 FR 27219 06/14/10 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–AY51 PO 00000 Frm 00023 Fmt 1254 Sfmt 1254 285. REGULATORY AMENDMENT TO THE GULF OF MEXICO REEF FISH FISHERY MANAGEMENT PLAN TO SET 2010 MANAGEMENT MEASURES FOR RED SNAPPER Legal Authority: 16 USC 1801 et seq Abstract: The 2009 update stock assessment of the Gulf of Mexico red snapper stock indicated that although the stock is still overfished, the stock is rebuilding and overfishing was projected to end in 2009. Based on their review of the assessment update, the Gulf Council’s Scientific and Statistical Committee recommended total allowable catch (TAC) could be increased. The purpose of this regulatory amendment is to adjust TAC and the resulting recreational and commercial quotas consistent with the goals and objectives of the Council’s red snapper rebuilding plan and achieve the mandates of the MagnusonStevens Fishery Conservation and Management Act. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 03/30/10 75 FR 15665 04/14/10 05/03/10 75 FR 23186 06/02/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy E Crabtree, Southeast Regional Administrator, Department of Commerce, National Oceanic and Atmospheric Administration, 263 13th Ave South, Saint Petersburg, FL 33701 Phone: 727 824–5305 Email: roy.crabtree@noaa.gov RIN: 0648–AY57 286. FISHERIES OFF WEST COAST STATES; PACIFIC COAST GROUNDFISH FISHERY; INTERIM 2010 TRIBAL WHITING REGULATIONS Legal Authority: 16 USC 1801 et seq Abstract: NMFS takes this action to establish an interim 2010 tribal whiting allocation, reporting and closure regulations, and refine existing regulations on tribal whiting reapportionment. This action also sets the 2010 Pacific whiting acceptable biological catch and optimum yield specifications for 2010 based on the most recent Pacific whiting stock assessment from March 2010. E:\FR\FM\20DEP7.SGM 20DEP7 79748 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions Timetable: Action Date NPRM NPRM Comment Period End Interim Final Rule for 2010 Tribal Whiting Interim Final Rule Effective FR Cite 03/12/10 75 FR 11829 04/02/10 05/04/10 75 FR 23620 05/19/10 Date jlentini on DSKJ8SOYB1PROD with PROPOSALS7 FR Cite 12/02/09 74 FR 63095 01/04/10 06/02/10 75 FR 30732 06/15/10 75 FR 33731 07/02/10 FR Cite 05/05/10 75 FR 24482 05/20/10 288. ∑ 2010 ATLANTIC BLUEFIN TUNA QUOTA SPECIFICATIONS Legal Authority: 16 USC 1801 Abstract: This action would establish Atlantic bluefin tuna (BFT) quota specifications by adjusting the U.S. annual BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas in 2008, and allocating that quota among the domestic fishing categories for the 2010 19:24 Dec 17, 2010 Action Date NPRM NPRM Comment Period End Final Action Final Rule Correction Final Action Effective 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–AY60 VerDate Mar<15>2010 289. ∑ PACIFIC COAST GROUNDFISH FISHERY; BIENNIAL SPECIFICATIONS AND MANAGEMENT MEASURES; INSEASON ADJUSTMENTS Legal Authority: 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: 290. ∑ INSEASON ADJUSTMENT TO THE FY 2010 ATLANTIC DEEP SEA RED CRAB SPECIFICATIONS Legal Authority: 16 USC 1801 et seq Abstract: This action is an inseason Adjustment to modify the red crab specifications to raise the target TAC to the revised recommended Acceptable Biological Catch (ABC) by the New England Fishery Management Council’s Scientific and Statistical Committee. In May 2010, NMFS published the final rule for the FY 2010 red crab specifications implementing the Council’s original recommended specifications (target TAC equal to 3.56 million lb; 582 DAS). In March 2010, the Council’s Scientific and Statistical Committee met to review their previous recommendation for red crab. NMFS does not have the regulatory authority to implement specifications higher than the Councils recommendation. The regulations do, however, allow for an in-season adjustment to the specifications, after consultation with the Council. The Council met on April 28, 2010, and has recommended that NMFS adjust the FY 2010 specifications commensurate with the SSCs revised recommendation. The adjusted specifications would be 3.91 million lb and 657 DAS. Timetable: Action 287. FISHERIES OFF WEST COAST STATES; WEST COAST SALMON FISHERIES; 2010 MANAGEMENT MEASURES Legal Authority: 16 USC 1854 Abstract: This rule implements the 2010 ocean salmon management measures. Timetable: Final Action Final Action Effective Jkt 223001 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–AY82 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AY77 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–AY59 Action fishing year (January 1-December 31, 2010). This action would be consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Tunas Convention Act. The annual specification process is set forth in current regulations implemented under the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan. This action is not expected to be controversial. Timetable: Action Date FR Cite Final Rule — Inseason 05/01/10 Effective Final Rule — Inseason 05/04/10 75 FR 23615 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of PO 00000 Frm 00024 Fmt 1254 Sfmt 1254 Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 06/22/10 75 FR 35435 07/10/10 08/13/10 75 FR 49420 09/13/10 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–AY88 E:\FR\FM\20DEP7.SGM 20DEP7 79749 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—NOAA Completed Actions 291. 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 rule would apply the prohibitions under ESA section 9(a)(1)(A) through 9(a)(1)(G) for threatened Southern DPS green sturgeon, but would include certain exceptions and exemptions from the take prohibitions. Exceptions are included for certain scientific research, emergency fish rescue, law enforcement, and habitat restoration activities that meet the criteria specified in the protective regulations under Section 4(d) of the ESA for Southern DPS green sturgeon. Exemptions are included for state scientific research, fisheries activities, and tribal activities conducted under NMFS approved ESA 4(d) programs. Thus, take of Southern DPS fish may be authorized under ESA section 7 or 10, or under an exception or exemption to the take prohibitions if the activities are conducted in compliance with NMFS criteria or NMFS-approved plans. Timetable: Action Date NPRM Action Date NPRM Comment Period End Final Action Final Action Effective 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 Proposed Rule Stage Regulatory Flexibility Analysis Required: Yes Legal Authority: 35 USC 41, 119, 120, 132(b) and 376; PL 109–383; PL 110–116; PL 110–137; PL 110–149; PL 110–161; PL 110–5; PL 110–92 Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313 Phone: 571 272–6299 Fax: 571 273–6299 Email: walter.schlueter@uspto.gov Action Date jlentini on DSKJ8SOYB1PROD with PROPOSALS7 NPRM NPRM Comment Period End Final Action FR Cite 12/00/10 02/00/11 05/00/11 RIN: 0651–AC43 to the USPTO for processing activities and services and materials relating to patents and trademarks, respectively, including proportionate shares of the administrative costs of the USPTO. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective Legal Authority: PL 110–137; PL 110–149; PL 110–161; PL 110–5; PL 110–92; 35 USC 41, 119, 120,132(b) and 376; PL 109–383; PL 110–116 VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 FR Cite 12/00/10 02/00/11 06/00/11 07/00/11 293. REVISION OF USPTO FEES FOR FISCAL YEAR 2012 Regulatory Flexibility Analysis Required: Yes Legal Authority: 35 USC 41, 119, 120, 132(b) and 376; PL 109–383; PL 110–116; PL 110–137; PL 110–149; PL 110–161; PL 110–5; PL 110–92 Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313 Phone: 571 272–6299 Fax: 571 273–6299 Email: walter.schlueter@uspto.gov Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent and trademark fee amounts set in the aggregate to recover the estimated cost RIN: 0651–AC44 Department of Commerce (DOC) Patent and Trademark Office (PTO) 294. INTERIM INCREASE ON PATENT FEES FOR FISCAL YEAR 2011 04/02/10 75 FR 30714 07/02/10 FR Cite 05/21/09 74 FR 23822 292. REVISION OF USPTO FEES FOR FISCAL YEAR 2011 Timetable: 07/20/09 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) Patent and Trademark Office (PTO) Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent and trademark fee amounts set in the aggregate to recover the estimated cost to the USPTO for processing activities and services and materials relating to patents and trademarks, respectively, including proportionate shares of the administrative costs of the USPTO. FR Cite Final Rule Stage Abstract: The United States Patent and Trademark Office (USPTO) is proposing an interim increase on certain patent fees to fund the requirements for putting the USPTO on a sustainable path to fund agency operations, reduce PO 00000 Frm 00025 Fmt 1254 Sfmt 1254 patent inventory and pendency, and invest in information technology. Timetable: Action Date Final Action E:\FR\FM\20DEP7.SGM 20DEP7 12/00/10 FR Cite 79750 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda DOC—PTO Final Rule Stage Regulatory Flexibility Analysis Required: Yes jlentini on DSKJ8SOYB1PROD with PROPOSALS7 Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, VerDate Mar<15>2010 19:24 Dec 17, 2010 Jkt 223001 Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313 Phone: 571 272–6299 Fax: 571 273–6299 PO 00000 Frm 00026 Fmt 1254 Sfmt 1254 Email: walter.schlueter@uspto.gov RIN: 0651–AC42 [FR Doc. 2010–30450 Filed 12–17–10; 8:45 am] BILLING CODE 3510–12–S E:\FR\FM\20DEP7.SGM 20DEP7

Agencies

[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Unknown Section]
[Pages 79725-79750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30450]


[[Page 79725]]

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

Part IV





Department of Commerce





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



###Semiannual Regulatory Agenda###

[[Page 79726]]



DEPARTMENT OF COMMERCE (DOC)






_______________________________________________________________________

DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

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

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

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


Fall 2010 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 2010 
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 2010 regulatory agenda includes 
regulatory activities that are expected to be conducted during the 
period October 1, 2010, through September 30, 2011.

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 Asha Mathew, Chief Counsel for 
Regulation, Office of the Assistant General Counsel for Legislation 
and Regulation, U.S. Department of Commerce, Washington, DC 20230; 
telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: The Department hereby publishes its fall 
2010 Unified Agenda of Federal Regulatory and Deregulatory Actions 
pursuant to Executive Order 12866 and the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq. Executive Order 12866 requires agencies to publish 
an agenda of those regulations that are under consideration pursuant to 
this order. By memorandum of July 23, 2010, the Office of Management 
and Budget issued guidelines and procedures for the preparation and 
publication of the fall 2010 Unified Agenda. The Regulatory Flexibility 
Act 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, and a list that identifies 
those entries that have been selected for periodic review under section 
610 of the Regulatory Flexibility Act.

    In this edition of the Department's regulatory agenda, a list 
of 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 issue 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 is 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, the Department'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 Department's entire Regulatory 
Plan will continue to be printed in the Federal Register.

    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 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.) (the Act) governs the management of 
fisheries within the Exclusive Economic Zone of the United States 
(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.

[[Page 79727]]

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

    The Department's fall 2010 regulatory agenda follows.

 Cameron F. Kerry,

General Counsel.

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


                      National Oceanic and Atmospheric Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
219         Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery..    0648-AR63
220         American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate        0648-AT31
            Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission.
221         Collection and Use of Tax Identification Numbers From Holders of and Applicants for       0648-AV76
            National Marine Fisheries Service Permits.............................................
222         Marine Mammal Protection Act Stranding Regulation Revisions...........................    0648-AW22
223         Amendment 4 to the Atlantic Herring Fishery Management Plan...........................    0648-AW75
224         Allowable Modifications to the Turtle Excluder Device Requirements....................    0648-AW93
225         Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of     0648-AW95
            the Northeast Multispecies Fishery Management Plan....................................
226         Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan......    0648-AX05
227         Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AX47
            and Tanner Crabs Arbitration Regulations..............................................
228         Amendment 3 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico       0648-AY03
            and the U.S. Virgin Islands Establishing Compatible Regulations With U.S. Virgin
            Islands Territorial Waters............................................................
229         Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook    0648-AY06
            Salmon Rebuilding Plan................................................................
230         Amendment 3 to the Spiny Dogfish Fishery Management Plan..............................    0648-AY12
231         Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting         0648-AY17
            Mothership Fishery in the Pacific Coast Groundfish Fishery............................
232         Generic Amendment for Annual Catch Limits.............................................    0648-AY22
233         Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan..    0648-AY26
234         Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish        0648-AY36
            Aggregation Devices...................................................................
235         Amendment 5 to the Atlantic Herring Fishery Management Plan...........................    0648-AY47
236         Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin     0648-AY55
            Islands and Amendment 5 to the Reef Fish FMP of Puerto Rico and the U.S. Virgin
            Islands...............................................................................
237         Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico       0648-AY72
            and South Atlantic....................................................................
238         Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the        0648-AY73
            Snapper Grouper Fishery of the South Atlantic Region..................................
239         Amendment 20 to the Snapper Grouper Fishery Management Plan of the South Atlantic         0648-AY74
            Region................................................................................
240         Regulatory Amendment To Recover the Administrative Costs of Processing Permit             0648-AY81
            Applications..........................................................................
241         Regulatory Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of     0648-AY95
            the Northeast Multispecies Fisheries Management Plan..................................
242         Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011-2012 Biennial     0648-BA01
            Specifications and Management Measures................................................
243         2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery..........    0648-BA03
244         Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery    0648-BA13
245         Potential Revisions to the Turtle Excluder Device Requirements........................    0648-AV04
246         Marine Mammal Protection Act Permit Regulation Revisions..............................    0648-AV82
247         Take and Import Marine Mammals: Take of Marine Mammals Incidental to Routine              0648-AW59
            Operations of 13 Power Generating Stations in Central and Southern California.........
248         Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries.................................    0648-AY61
----------------------------------------------------------------------------------------------------------------


[[Page 79728]]


                        National Oceanic and Atmospheric Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
249         Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries            0648-AV33
            Conducted Under the Western Alaska Community Development Quota Program................
250         Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and    0648-AV51
            Unregulated Fishing or Bycatch of Protected Living Marine Resources (Reg Plan Seq No.
            28)...................................................................................
251         Magnuson-Stevens Fishery Conservation and Management Reauthorization Act Environmental    0648-AV53
            Review Procedure......................................................................
252         Revise Regulations Governing the North Pacific Groundfish Observer Program............    0648-AW24
253         Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota    0648-AX91
            Share Under the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota
            Program...............................................................................
254         Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of          0648-AY05
            Puerto Rico Modifying the Bajo de Sico Seasonal Closure...............................
255         Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the       0648-AY10
            South Atlantic Region.................................................................
256         Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the       0648-AY11
            South Atlantic Region.................................................................
257         Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew      0648-AY34
            Island Habitat Conservation Area Revision, and Modified Gear Trawl Zone...............
258         Regulatory Amendment to Revise Charter Halibut Logbook Submission Requirements at 50      0648-AY38
            CFR part 300..........................................................................
259         Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit............    0648-AY41
260         Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean........    0648-AY75
261         Emergency Rule To Re-Open the Recreational Red Snapper Season in the Gulf of Mexico...    0648-BA06
262         Protective Regulations for Killer Whales in the Northwest Region Under the Endangered     0648-AV15
            Species Act and Marine Mammal Protection Act..........................................
263         Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City        0648-AW80
            Division Mission Activities...........................................................
264         Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea        0648-AX06
            Turtle................................................................................
265         Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species     0648-AX50
            Act (Reg Plan Seq No. 29).............................................................
266         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
----------------------------------------------------------------------------------------------------------------
267         Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of         0648-AS65
            Mexico................................................................................
268         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.............................................................................
----------------------------------------------------------------------------------------------------------------


                       National Oceanic and Atmospheric Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
269         South Atlantic Fishery Ecosystem Plan Comprehensive Amendment.........................    0648-AV31
270         Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery     0648-AW11
            Management Plan.......................................................................
271         Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico     0648-AW15
            and the U.S. Virgin Islands...........................................................
272         Amendment 3 to the Northeast Skate Complex Fishery Management Plan....................    0648-AW30
273         Atlantic Highly Migratory Species; Atlantic Shark Management Measures.................    0648-AW65
274         Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of    0648-AX67
            Mexico................................................................................
275         Snapper-Grouper Fishery Management Plan of the South Atlantic.........................    0648-AX75
276         Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the    0648-AX89
            Bering Sea Aleutian Islands...........................................................
277         2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures.......    0648-AY04
278         2010 to 2012 Atlantic Herring Fishery Specifications and Management Measures..........    0648-AY14
279         Remove Certain Reporting Requirements Under the Crab Rationalization Program..........    0648-AY28
280         Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery         0648-AY29
            Management Plan.......................................................................

[[Page 79729]]

 
281         Framework 21 to the Atlantic Sea Scallop Fishery Management Plan......................    0648-AY43
282         Amendments 95/96/87 for the BSAI and GOA Groundfish FMPs for BSAI Skates and              0648-AY48
            Groundfish Annual Catch Limits and Accountability Measures............................
283         2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management      0648-AY50
            Plan..................................................................................
284         Fishing Year 2010 Atlantic Deep-Sea Red Crab Specifications...........................    0648-AY51
285         Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Set       0648-AY57
            2010 Management Measures for Red Snapper..............................................
286         Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal    0648-AY59
            Whiting Regulations...................................................................
287         Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures    0648-AY60
288         2010 Atlantic Bluefin Tuna Quota Specifications.......................................    0648-AY77
289         Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures;        0648-AY82
            Inseason Adjustments..................................................................
290         Inseason Adjustment to the FY 2010 Atlantic Deep Sea Red Crab Specifications..........    0648-AY88
291         Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct            0648-AV94
            Population Segment of North American Green Sturgeon...................................
----------------------------------------------------------------------------------------------------------------


                                Patent and Trademark Office--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
292         Revision of USPTO Fees for Fiscal Year 2011...........................................    0651-AC43
293         Revision of USPTO Fees for Fiscal Year 2012...........................................    0651-AC44
----------------------------------------------------------------------------------------------------------------


                                  Patent and Trademark Office--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
294         Interim Increase on Patent Fees for Fiscal Year 2011..................................    0651-AC42
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Department of Commerce (DOC)                          Long-Term Actions


International Trade Administration (ITA)



_______________________________________________________________________


<###DOC>

218. 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 the Department of 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

[[Page 79730]]

Agency Contact: Janet Heinzen
Phone: 202 482-4006
Email: janet_heinzen@ita.doc.gov

RIN: 0625-AA59
_______________________________________________________________________


Department of Commerce (DOC)                        Proposed Rule Stage


National Oceanic and Atmospheric Administration (NOAA)



_______________________________________________________________________



NATIONAL MARINE FISHERIES SERVICE


                    ________________________________

<###DOC>

219. 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                            02/00/11
NPRM Comment Period End         03/00/11

Regulatory Flexibility Analysis Required: Yes

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

RIN: 0648-AR63
_______________________________________________________________________


<###DOC>

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

Legal Authority: 16 USC 5101 et seq

Abstract: The National Marine Fisheries Service announces that it is 
considering, and seeking public comment on, revisions to Federal 
American lobster regulations for the Exclusive Economic Zone (EEZ) 
associated with effort control measures as recommended for Federal 
implementation by the Atlantic States Marine Fisheries Commission 
(ASFMC) and 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
Notice of Public Meeting        05/03/10                    75 FR 23245
NPRM                            12/00/10

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-AT31
_______________________________________________________________________


<###DOC>

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

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

Abstract: Pursuant to 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 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

[[Page 79731]]

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                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, Room 13362, 1315 East-West Highway, Silver Spring, MD 
20910
Phone: 301 713-2334
Fax: 301 713-0596
Email: alan.risenhoover@noaa.gov

RIN: 0648-AV76
_______________________________________________________________________


<###DOC>

222. 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 
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 to 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                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David Cottingham, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910
Phone: 301 713-2322
Fax: 301 713-2521
Email: david.cottingham@noaa.gov

RIN: 0648-AW22
_______________________________________________________________________


<###DOC>

223. 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

________________________________________________________________________

Notice of Intent                05/08/08                    73 FR 26082
NPRM                            12/00/10

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-AW75
_______________________________________________________________________


<###DOC>

224. ALLOWABLE MODIFICATIONS TO THE TURTLE EXCLUDER DEVICE REQUIREMENTS

Legal Authority: 16 USC 1531 et seq

Abstract: NMFS proposes to revise the Turtle Excluder Device (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                            05/00/11

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
Email: michael.barnette@noaa.gov

RIN: 0648-AW93

[[Page 79732]]

_______________________________________________________________________


<###DOC>

225. REGULATORY AMENDMENT 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                            12/00/10

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-AW95
_______________________________________________________________________


<###DOC>

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

Legal Authority: 16 USC 1801 et seq

Abstract: Amendment 11 to the Atlantic Mackerel, Squid, Butterfish 
Fishery Management Plan 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                            02/00/11

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
_______________________________________________________________________


<###DOC>

227. 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: This 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                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James Balisger, Regional Administrator, Department of 
Commerce, National Oceanic and Atmospheric Administration, P.O. Box 
21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: james.balsiger@noaa.gov

RIN: 0648-AX47
_______________________________________________________________________


<###DOC>

228. AMENDMENT 3 TO THE FISHERY MANAGEMENT PLAN FOR QUEEN CONCH 
RESOURCES OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS ESTABLISHING 
COMPATIBLE REGULATIONS WITH U.S. VIRGIN ISLANDS TERRITORIAL WATERS

Legal Authority: 16 USC 1801 et seq

Abstract: At the June 2009 Council meeting, the Caribbean Fishery 
Management Council decided to amend the Fishery Management Plan for 
Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands 
(U.S.V.I.) to establish compatible regulations with U.S.V.I. 
territorial regulations. Currently, fishing for and possession of Queen 
Conch is prohibited in the Exclusive Economic Zone, with the exception 
of an area known as Lang Bank east of St. Croix, which is open to 
harvest of Queen Conch from October 1 through June 30. In U.S.V.I. 
territorial waters, Queen Conch is managed under a 50,000 pound quota. 
This action would implement compatible regulations which will close the 
harvest of Queen Conch in federal waters, including Lang Bank, once the 
quota has been reached in the U.S.V.I. and the fishery is closed in 
territorial waters.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY03
_______________________________________________________________________


<###DOC>

229. FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC; KLAMATH 
RIVER FALL CHINOOK SALMON REBUILDING PLAN

Legal Authority: 16 USC 1854

Abstract: This action would adopt a rebuilding plan for the Klamath 
River Fall Chinook salmon (KRFC) stock, which failed to meet 
conservation objectives specified in the Fishery Management Plan for 
the three year period 2004-2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable

[[Page 79733]]

Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, Room 13362, 1315 East-West Highway, Silver Spring, MD 
20910
Phone: 301 713-2334
Fax: 301 713-0596
Email: alan.risenhoover@noaa.gov

RIN: 0648-AY06
_______________________________________________________________________


<###DOC>

230. AMENDMENT 3 TO THE SPINY DOGFISH FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801

Abstract: The New England and Mid-Atlantic Fishery Management Councils 
(Councils) announce their intention to prepare, in cooperation with 
NMFS, an Environmental Impact Statement (EIS) in accordance with the 
National Environmental Policy Act to assess potential effects on the 
human environment of alternative measures to address several issues 
regarding the Spiny Dogfish Fishery Management Plan (FMP). Issues that 
may be addressed include: initiating a Research Set-Aside provision; 
specifying the spiny dogfish quota and/or possession limits by sex; 
adding a recreational fishery to the FMP; identifying commercial quota 
allocation alternatives; and establishing a limited access fishery.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent to Begin 
Scoping                         08/05/09                    74 FR 39063
Notice of Intent Comment Period 
End                             09/04/09
Notice of Intent to Prepare an 
EIS                             05/13/10                    75 FR 26920
NOI Comment Period End          06/01/10
NPRM                            05/00/11

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-AY12
_______________________________________________________________________


<###DOC>

231. 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 
maintains the integrity of data collected under the observer program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/10

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
_______________________________________________________________________


<###DOC>

232. GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS

Legal Authority: 16 USC 1801

Abstract: The generic amendment is intended to modify five of the Gulf 
of Mexico Fishery Management Council's Fishery Management Plans (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 Annual Catch Limits (ACLs) in co-operation with the 
Scientific and Statistical Committee and the Southeast Fisheries 
Science Center. NMFS, in collaboration with the Council, will develop a 
Draft Environmental Impact Statement to evaluate alternatives and 
actions for the ACLs. Some examples of these actions include: 
establishing sector specific ACLs, selecting levels of risk associated 
with species yields, considering removal or withdrawal of species from 
FMPs, and delegating species or species assemblages to state 
regulators.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                08/04/09                    74 FR 47206
NPRM                            05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY22
_______________________________________________________________________


<###DOC>

233. AMENDMENT 14 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH 
FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: The purpose of Amendment 14 is to consider catch shares in 
the Loligo and Illex fisheries and monitoring/mitigation for river 
herring bycatch in mackerel, squid and butterfish (MSB) fisheries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/11

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-AY26
_______________________________________________________________________


<###DOC>

234. FISHERIES IN THE WESTERN PACIFIC; PELAGIC FISHERIES; PURSE SEINE 
FISHING WITH FISH AGGREGATION DEVICES

Legal Authority: 16 USC 1801 et seq

Abstract: The Western Pacific Council is amending the Pelagics Fishery

[[Page 79734]]

Ecosystem Plan (FEP) to (1) define fish aggregating devices (FADs) as 
purposefully-deployed or instrumented floating objects, (2) require 
FADs to be registered, and (3) prohibit purse seine fishing using FADs 
in the US EEZ of the western Pacific. The objective of this action is 
to appropriately balance the needs and concerns of the western Pacific 
pelagic fishing fleets and associated fishing communities with the 
conservation of tuna stocks in the western Pacific.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/11

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-AY36
_______________________________________________________________________


<###DOC>

235. AMENDMENT 5 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801

Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan 
will consider: catch monitoring program; interactions with river 
herring; access by herring midwater trawl vessels in groundfish closed 
areas; and interactions with the mackerel fishery.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/11

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-AY47
_______________________________________________________________________


<###DOC>

236. AMENDMENT 2 TO THE FMP FOR THE QUEEN CONCH FISHERY OF PUERTO RICO 
AND THE U.S. VIRGIN ISLANDS AND AMENDMENT 5 TO THE REEF FISH FMP OF 
PUERTO RICO AND THE U.S. VIRGIN ISLANDS

Legal Authority: 16 USC 1801 et seq

Abstract: The Magnuson-Stevens Fishery Conservation and Management Act 
(MSRA: Public Law 94-265), as amended through January 12, 2007, 
requires the establishment of annual catch limits (ACLs) and 
accountability measures (AMs) during 2010 for all species that are 
considered to be overfished or undergoing overfishing. The present 
amendment is being promulgated to meet those MSRA mandates as well as 
to establish framework procedures with which to effect future changes 
to the management plan and to restructure the fisheries management 
units for grouper and snapper. Various alternatives are included in the 
draft amendment, including maintenance of the status quo for each 
action as well as various alternatives regarding the year-sequences 
used to establish ACLs and the strategies to be employed to account for 
overages and to respond to needed changes in management methods.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY55
_______________________________________________________________________


<###DOC>

237.  AMENDMENT 10 TO THE FISHERY MANAGEMENT PLAN FOR 
SPINY LOBSTER IN THE GULF OF MEXICO AND SOUTH ATLANTIC

Legal Authority: 16 USC 1801

Abstract: In 2006 the Magnuson-Stevens Fishery Conservation and 
Management Act (MSFCMA) was re-authorized and included a number of 
changes to improve conservation of managed fishery resources. Included 
in these changes are requirements that the Regional Councils must 
establish both a mechanism for specifying annual catch limits (ACLs) at 
a level such that overfishing does not occur in the fishery and 
accountability measures (AMs) to correct if overages occur. 
Accountability measures are management controls to prevent the ACLs 
from being exceeded and to correct by either in-season or post-season 
measures if they do occur. The Spiny Lobster fishery is jointly managed 
by the Gulf and South Atlantic Councils. Amendment 10 to the FMP will 
set ACLs and AMs, review current regulations, and implement reasonable 
and prudent measures from the Biological Opinion.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                11/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY72
_______________________________________________________________________


<###DOC>

238.  COMPREHENSIVE ANNUAL CATCH LIMITS AMENDMENT TO 
THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER GROUPER FISHERY OF THE SOUTH 
ATLANTIC REGION

Legal Authority: 16 USC 1801 et seq

Abstract: The purpose of this amendment is to establish Annual Catch 
Limits (ACLs) and Accountability Measures (AMs) for species not 
undergoing overfishing, including management measures to reduce the 
probability that catches will exceed the stocks' ACLs pursuant to 
reauthorized Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) requirements.
Proposed actions include removal of species from the South Atlantic 
Snapper Grouper fishery management unit (FMU), designating some Snapper 
Grouper species as ecosystem component species, considering multi-
species groupings for specifying ACLs, ACTs, and AMs, specifying 
allocations among the commercial, recreational, and for-hire sectors 
for species not undergoing overfishing, and modifying

[[Page 79735]]

management measures to limit total mortality to the ACL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY73
_______________________________________________________________________


<###DOC>

239.  AMENDMENT 20 TO THE SNAPPER GROUPER FISHERY 
MANAGEMENT PLAN OF THE SOUTH ATLANTIC REGION

Legal Authority: 16 USC 1801 et seq

Abstract: Amendment 20 to the Fishery Management Plan for the Snapper 
Grouper Fishery of the South Atlantic Region consists of regulatory 
actions that focus on modifications to the wreckfish individual 
transferable quota (ITQ) program, bringing the program into compliance 
with the Reauthorized Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and make other administrative, 
monitoring, and enforcement changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy E Crabtree, Southeast Regional Administrator, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 13th Ave South, Saint Petersburg, FL 33701
Phone: 727 824-5305
Email: roy.crabtree@noaa.gov

RIN: 0648-AY74
_______________________________________________________________________


<###DOC>

240.  REGULATORY AMENDMENT TO RECOVER THE 
ADMINISTRATIVE COSTS OF PROCESSING PERMIT APPLICATIONS

Legal Authority: 16 USC 1801 et seq; 16 USC 1853; 16 USC 1854; 16 USC 
3631 et seq; 16 USC 773 et seq; PL 108-447

Abstract: This action amends the fishery management plans of the North 
Pacific Fishery Management Council and revises federal regulations at 
50 CFR 679 to recover the administrative costs of processing 
applications for permits required under those plans.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/11

Regulatory Flexibility Analysis Required: Yes

Agency Contact: James Balisger, Regional Administrator, Department of 
Commerce, National Oceanic and Atmospheric Administration, P.O. Box 
21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: james.balsiger@noaa.gov

RIN: 0648-AY81
_______________________________________________________________________


<###DOC>

241.  REGULATORY AMENDMENT TO CORRECT AND CLARIFY 
AMENDMENT 16 AND SUBSEQUENT FRAMEWORKS OF THE NORTHEAST MULTISPECIES 
FISHERIES MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: This action makes corrections and clarifications to the final 
rule implementing Amendment 16 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 16 and subsequent actions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Departme

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.