Semiannual Agenda of Regulations, 40012-40037 [2011-15475]
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40012
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
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
Semiannual Agenda of Regulations
Office of the Secretary,
Commerce.
ACTION: Semiannual regulatory agenda.
AGENCY:
In compliance with Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review,’’ and the
Regulatory Flexibility Act, as amended,
the Department of Commerce
(Department), in the spring and fall of
each year, publishes in the Federal
Register an agenda of regulations under
development or review over the next 12
months. Rulemaking actions are
grouped according to prerulemaking,
proposed rules, final rules, long-term
actions, and rulemaking actions
completed since the fall 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 spring 2011
regulatory agenda includes regulatory
activities that are expected to be
conducted during the period April 1,
2011, through March 31, 2012.
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: Executive
Order 12866 requires agencies to
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publish an agenda of those regulations
that are under consideration pursuant to
this order. By memorandum of January
21, 2011, the Office of Management and
Budget issued guidelines and
procedures for the preparation and
publication of the spring 2011 Unified
Agenda of Federal Regulatory and
Deregulatory Actions. The Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.,
requires agencies to publish, in the
spring and fall of each year, a regulatory
flexibility agenda that contains a brief
description of the subject of any rule
likely to have a significant economic
impact on a substantial number of small
entities. The agenda also identifies those
entries that have been selected for
periodic review under section 610 of the
Regulatory Flexibility Act.
In addition, beginning with the fall
2007 edition, the Internet became the
basic means for disseminating the
Unified Agenda. The complete Unified
Agenda will be available online at
www.reginfo.gov, in a format that offers
users a greatly enhanced ability to
obtain information from the Agenda
database.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act (5 U.S.C.
602), the Department of Commerce’s
printed agenda entries include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
Internet. In addition, for fall editions of
the Agenda, the entire Regulatory Plan
will continue to be printed in the
Federal Register, as in past years,
including the Department of
Commerce’s Regulatory Plan.
Within the Department, the Office of
the Secretary and various operating
units may issue regulations. Operating
units, such as the National Oceanic and
Atmospheric Administration (NOAA),
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the Bureau of Industry and Security,
and the Patent and Trademark Office
issue the greatest share of the
Department’s regulations.
A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
the NMFS programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone (EEZ). The
EEZ refers to those waters from the
outer edge of the State boundaries,
generally 3 nautical miles, to a distance
of 200 nautical miles. Fishery
Management Plans (FMPs) are to be
prepared for fisheries that require
conservation and management
measures. Regulations implementing
these FMPs regulate domestic fishing
and foreign fishing where permitted.
Foreign fishing may be conducted in a
fishery in which there is no FMP only
if a preliminary fishery management
plan has been issued to govern that
foreign fishing. Under the Act, eight
Regional Fishery Management Councils
(Councils) prepare FMPs or
amendments to FMPs for fisheries
within their respective areas. In the
development of such plans or
amendments and their implementing
regulations, the Councils are required by
law to conduct public hearings on the
draft plans and to consider the use of
alternative means of regulating.
The Council process for developing
FMPs and amendments makes it
difficult for NMFS to determine the
significance and timing of some
regulatory actions under consideration
by the Councils at the time the
semiannual regulatory agenda is
published.
The Department’s spring 2011
regulatory agenda follows.
Cameron F. Kerry,
General Counsel.
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
40013
INTERNATIONAL TRADE ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
39 ......................
Commercial Availability of Fabric and Yarn .....................................................................................................
0625–AA59
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
40 ......................
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 ....................................................................
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.
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 .....................................................................
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 ...............
Amendment To Recover the Administrative Costs of Processing Permit Applications ..................................
Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries Management Plan.
Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery ......................
Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan ..............................................
Framework Adjustment 7 to the Monkfish Fishery Management Plan ...........................................................
Amendment 6 to the Monkfish Fishery Management Plan .............................................................................
Amendment 24 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic
Region.
Amendment 22 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic
Region.
Amendment 5 to the Golden Crab Fishery Management Plan of the South Atlantic .....................................
Atlantic Highly Migratory Species; Electronic Mobile Transmitting Unit Vessel Monitoring Systems .............
Management Measures for Tuna Fisheries Operating in the Eastern Pacific Ocean ....................................
Amendment 13 to the Coastal Pelagic Species Fishery Management Plan ..................................................
Atlantic Highly Migratory Species; Implementing International Convention for the Conservation of Atlantic
Tunas Recommendations on Sharks.
Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan .........................................................
Framework Adjustment 22 to the Scallop Fishery Management Plan ............................................................
Atlantic Highly Migratory Species Electronic Dealer Reporting Requirements ...............................................
Catch Reporting Regulatory Rulemaking for the Atlantic Herring Fishery ......................................................
Bering Sea Chinook Salmon Economic Data Reporting Program ..................................................................
2011 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures and Scup
Specification Increase (Increased 2011 Total Allowable Landings).
Potential Revisions to the Turtle Excluder Device Requirements ...................................................................
Marine Mammal Protection Act Permit Regulation Revisions .........................................................................
Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries ..................................................................................
False Killer Whale Take Reduction Plan (SECTION 610 REVIEW) ....................................................................
Amendment to Regulations Under the Bottlenose Dolphin Take Reduction Plan ..........................................
Revision of Hawaiian Monk Seal Critical Habitat ............................................................................................
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
81 ......................
Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the
Western Alaska Community Development Quota (CDQ) Program.
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
82 ......................
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental
Review Procedure.
Amendment 4 to the Atlantic Herring Fishery Management Plan ...................................................................
Allowable Modifications to the Turtle Excluder Device Requirements ............................................................
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.
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.
Addendum IV to the Weakfish Interstate Management Plan—Bycatch Trip Limit ..........................................
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 to 2012 Biennial Specifications
and Management Measures; FMP Amendment 16–5 and FMP Amendment 23.
Emergency Rule to Re-Open the Recreational Red Snapper Season in the Gulf of Mexico ........................
2011 Atlantic Bluefish Specifications ...............................................................................................................
Framework Adjustment 45 to the Northeast Multispecies Fishery Management Plan ...................................
Modification of Regulations Governing the Retention of Incidentally-Caught Highly Migratory Species in
Atlantic Trawl Fisheries.
Implementation of a Recreational Seasonal Closure for Greater Amberjack; Regulatory Framework Action
to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP).
Regulatory Amendment 10 to the Fishery Management Plan for the Snapper Grouper Fishery of the
South Atlantic Region.
Amendment to the Fishery Management Plan for the Reef To Set Total Allowable Catch for Red Snapper
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management
Measures.
Framework Adjustment 1 to the Northeast Skate Complex FMP ...................................................................
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and
Marine Mammal Protection Act.
Revision of Critical Habitat Designation for the Endangered Leatherback Sea Turtle ...................................
Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act ....................
Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex.
Endangered and Threatened Species, Designation of Critical Habitat for Southern Distinct Population
Segment of Eulachon.
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
103 ....................
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Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .....................
Amendment 21 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region ...............
Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory.
0648–AS65
0648–BA59
0648–AH26
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
106 ....................
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Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ...........................
Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine Resources.
Revise Regulations Governing the North Pacific Groundfish Observer 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.
Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in
the Pacific Coast Groundfish Fishery.
Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements ..............................
Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean .........................................
2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery .................................................
Regulatory Amendment to the Reef Fish Fishery Management Plan To Set Total Allowable Catch for Red
Grouper.
Pacific Halibut Fisheries; Catch Sharing Plan .................................................................................................
Bluefin Tuna Bycatch Reduction in the Gulf of Mexico Pelagic Longline Fishery ..........................................
Take and Import Marine Mammals: Proposed Rule for Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California.
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
40015
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS—Continued
Regulation
Identifier No.
Sequence No.
Title
120 ....................
Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities.
0648–AW80
PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
121 ....................
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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
Regulation
Identifier No.
Sequence No.
Title
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Interim Increase on Patent Fees for Fiscal Year 2011 ...................................................................................
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
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Long-Term Actions
39. Commercial Availability of Fabric
and Yarn
Legal Authority: Pub. L. 106–200, sec
112(b)(5)(B); Pub. L. 106–200, sec 211;
EO 13191; Pub. L. 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 dutyfree 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
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Committee to extend quota- and dutyfree 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 ..................
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Janet Heinzen,
Phone: 202 482–4006, E-mail:
janet_heinzen@ita.doc.gov.
RIN: 0625–AA59
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
40. American Lobster Fishery; Fishing
Effort Control Measures To
Complement Interstate Lobster
Management Recommendations by the
Atlantic States Marine Fisheries
Commission
Legal Authority: 16 U.S.C. 5101 et seq.
Abstract: The National Marine
Fisheries Service announces that it is
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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 ...............
ANPRM Comment
Period End.
Notice of Public
Meeting.
NPRM ..................
05/10/05
06/09/05
70 FR 24495
05/03/10
75 FR 23245
07/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AT31
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40016
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda
41. Collection and use of Tax
Identification Numbers From Holders
of and Applicants for National Marine
Fisheries Service Permits
Legal Authority: 31 U.S.C. 7701; 16
U.S.C. 1801 et seq.; 16 U.S.C. 1361 et
seq.; 16 U.S.C. 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 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:
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Action
Date
NPRM ..................
FR Cite
11/00/11
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 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–2334, Fax: 301
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713–0596, E-mail:
alan.risenhoover@noaa.gov.
RIN: 0648–AV76
Action
NPRM ..................
42. Marine Mammal Protection Act
Stranding Regulation Revisions
Legal Authority: 16 U.S.C. 1379; 16
U.S.C. 1382; 16 U.S.C. 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
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 ...............
ANPRM Comment
Period End.
NPRM ..................
01/31/08
03/31/08
73 FR 5786
12/00/11
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, E-mail:
david.cottingham@noaa.gov.
RIN: 0648–AW22
43. Regulatory Amendment To Correct
and Clarify Amendment 13 and
Subsequent Frameworks of the
Northeast Multispecies Fishery
Management Plan
Legal Authority: 16 U.S.C. 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:
PO 00000
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Date
FR Cite
06/00/11
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, E-mail: pat.kurkul@noaa.gov..
RIN: 0648–AW95
44. Amendment 11 to the Atlantic
Mackerel, Squid, Butterfish Fishery
Management Plan
Legal Authority: 16 U.S.C. 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 ....
NPRM ..................
08/11/08
08/00/11
73 FR 46590
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AX05
45. Amendment 30 to the Fishery
Management Plan for Bering Sea and
Aleutian Islands King and Tanner
Crabs Arbitration Regulations
Legal Authority: 16 U.S.C. 1862;
Pub. L. 109–241; Pub. L. 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
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price and other disputes among
harvesters and processors in the Bering
Sea/Aleutian Islands crab
rationalization program.
Timetable:
Action
Date
NPRM ..................
Notice of Availability.
Final Rule ............
FR Cite
06/00/11
06/00/11
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov.
RIN: 0648–AX47
46. Fisheries Off West Coast States and
in the Western Pacific; Klamath River
Fall Chinook Salmon Rebuilding Plan
Legal Authority: 16 U.S.C. 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 3-year period
from 2004 to 2006.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
10/00/11
12/00/11
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 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–2334, Fax: 301
713–0596, E-mail:
alan.risenhoover@noaa.gov.
RIN: 0648–AY06
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
47. Amendment 3 to the Spiny Dogfish
Fishery Management Plan
Legal Authority: 16 U.S.C. 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
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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 ....
Notice of Intent
Comment Period End.
Notice of Intent
To Prepare an
Environmental
Impact Statement.
NPRM ..................
08/05/09
09/04/09
74 FR 39063
05/13/10
75 FR 26920
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AY12
48. Generic Amendment for Annual
Catch Limits
Legal Authority: 16 U.S.C. 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 ....
NPRM ..................
08/04/09
06/00/11
74 FR 47206
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40017
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY22
49. Amendment 14 to the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan
Legal Authority: 16 U.S.C. 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
NPRM ..................
FR Cite
09/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AY26
50. Fisheries in the Western Pacific;
Pelagic Fisheries; Purse Seine Fishing
With Fish Aggregation Devices
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Western Pacific Council
is amending the Pelagics Fishery
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 ..................
FR Cite
10/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alvin Katekaru,
Assistant Regional Administrator,
Sustainable Fisheries, Department of
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Commerce, National Oceanic and
Atmospheric Administration, 1601
Kapiolani Boulevard, Honolulu, HI
96814, Phone: 808 944–2207, Fax: 808
973–2941, E-mail:
alvin.katekaru@noaa.gov.
RIN: 0648–AY36
51. Amendment 5 to the Atlantic
Herring Fishery Management Plan
Legal Authority: 16 U.S.C. 1801
Abstract: Amendment 5 to the
Atlantic Herring Fishery Management
Plan will consider: catch monitoring
programs; interactions with river
herring; access by herring midwater
trawl vessels in groundfish closed areas;
and interactions with the mackerel
fishery.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AY47
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
52. 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 U.S.C. 1801
Abstract: The Magnuson-Stevens
Fishery Conservation and Management
Act (MSRA: Pub. L. 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:
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13:39 Jul 06, 2011
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Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
06/00/11
08/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY55
53. Amendment 10 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
Legal Authority: 16 U.S.C. 1801
Abstract: The 2006 Reauthorization of
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSFCMA) 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 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
FR Cite
Notice of Intent ....
Notice of Intent
Comment Period End.
NPRM ..................
03/12/10
04/12/10
75 FR 11843
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 Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY72
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54. Comprehensive Annual Catch
Limits Amendment to the Fishery
Management Plan for the Snapper
Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 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;
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 forhire sectors for species not undergoing
overfishing; and modifying management
measures to limit total mortality to the
ACL.
Timetable:
Action
Date
NPRM ..................
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 Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY73
55. Amendment 20 to the Snapper
Grouper Fishery Management Plan of
the South Atlantic Region
Legal Authority: 16 U.S.C. 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:
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Action
Date
NPRM ..................
FR Cite
11/00/11
Action
Date
NPRM ..................
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY74
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AY95
56. Amendment to Recover the
Administrative Costs of Processing
Permit Applications
58. Fishing Capacity Reduction
Program for the Southeast Alaska Purse
Seine Salmon Fishery
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1853; 16 U.S.C. 1854; 16
U.S.C. 3631 et seq.; 16 U.S.C. 773 et
seq.; Pub. L. 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:
Legal Authority: 16 U.S.C. 1801 et
seq.; 46 U.S.C. 53701 et seq.; Pub. L.
108–447; Pub. L. 109–447; Pub. L. 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 postreduction 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.
Timetable:
Action
Date
NPRM ..................
Final Rule ............
FR Cite
09/00/11
11/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov.
RIN: 0648–AY81
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
57. Amendment to Correct and Clarify
Amendment 16 and Subsequent
Frameworks of the Northeast
Multispecies Fisheries Management
Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action corrects and
clarifies 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:
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Jkt 223001
Action
Date
NPRM ..................
FR Cite
09/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Gary C Reisner,
Director, Office of Management and
Budget, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–2259, Fax: 301–713–
1464, E-mail: gary.reisner@noaa.gov.
RIN: 0648–BA13
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59. Amendment 3 to the Atlantic DeepSea Red Crab Fishery Management
Plan
Legal Authority: 16 U.S.C. 1801
Abstract: This action is required to
bring the Atlantic Deep-Sea Red Crab
FMP into compliance with the
reauthorized Magnuson-Stevens Fishery
Conservation and Management Act by
incorporating an annual catch limit
(ACL) and accountability measures
(AMs). The Red Crab FMP may also be
modified to implement a ‘‘hard quota’’
(or total allowable landings (TAL)) in
place of the current target total
allowable catch (TAC) and days-at-sea
(DAS) system. Other management
measures currently in place may be
modified or eliminated.
Timetable:
Action
Date
NPRM ..................
FR Cite
07/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA22
60. • Framework Adjustment 7 to the
Monkfish Fishery Management Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Framework Adjustment 7 to
the Monkfish FMP would adjust the
annual catch target (ACT) for the
Northern Fishery Management Area
(NFMA) to be consistent with the most
recent scientific advice regarding the
acceptable biological catch (ABC) for
monkfish. The New England Fishery
Management Council’s Scientific and
Statistical Committee (SSC) has
recommended a revision to the ABC,
based on the recent stock assessment
(SARC 50), that is lower that the ACT
for the NFMA proposed in Amendment
5 to the Monkfish FMP. Specifically, the
SSC recommended a revised NFMA
ABC of 7,592 mt, which is 29 percent
lower than the NFMA ACT of 10,750 mt
proposed in Amendment 5. Conversely,
the recalculated ABC for the Southern
Fishery Management Area (SFMA) is
850 mt higher than the Council’s
recommended ACT for that area. Thus,
no change is proposed for the SFMA.
Framework 7 would also specify a new
day-at-sea (DAS) allocation and trip
limits for the NFMA commensurate
with the new ACT (as necessary), and
adopt revised biomass reference points
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based on the recommendations of SARC
50 and the SSC.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA46
61. • Amendment 6 to the Monkfish
Fishery Management Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of Amendment
6 to the Monkfish FMP is to consider
developing a catch share management
program for this fishery. This would
very likely also involve the
development of a referendum for such a
program, as required under the
Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:
Action
Date
NPRM ..................
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA52
63. • Amendment 22 to the Fishery
Management Plan for the Snapper
Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of the
amendment is to establish a long-term
red snapper fishery management
program in the South Atlantic to
optimize yield and rebuild the stock,
while minimizing socioeconomic
impacts. More specifically, these
alternatives will consider the
elimination of harvest restrictions on
red snapper as the stock increases in
biomass.
Timetable:
Action
Action
Date
NPRM ..................
FR Cite
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA50
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
62. • Amendment 24 to the Fishery
Management Plan for the Snapper
Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of the
amendment is to implement a
rebuilding plan for red grouper in the
South Atlantic that would specify
annual catch targets and annual catch
limits by sector. NMFS notified the
Council of the stock status on June 9,
2010; the Magnuson-Stevens Act
specifies that measures must be
implemented within two years of
notification.
Timetable:
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FR Cite
Date
Notice of Intent ....
Notice of Intent
Comment Period End.
NPRM ..................
01/03/11
02/14/11
FR Cite
76 FR 101
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 Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov
RIN: 0648–BA53
64. • Amendment 5 to the Golden Crab
Fishery Management Plan of the South
Atlantic
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Golden Crab Amendment 5
examines alternatives for a catch share
program to limit participation in the
golden crab fishery.
Timetable:
Action
Date
NPRM ..................
FR Cite
03/00/12
Regulatory Flexibility Analysis
Required: Yes.
PO 00000
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Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA60
65. • Atlantic Highly Migratory
Species; Electronic Mobile Transmitting
Unit Vessel Monitoring Systems
Legal Authority: 16 U.S.C. 971 et seq.;
16 U.S.C. 1801 et seq.
Abstract: National Marine Fisheries
Service (NMFS) is preparing a rule that
considers requiring the replacement of
currently required Mobile Transmitting
Unit (MTU) Vessel Monitoring System
(VMS) units with Electronic Mobile
Transmitting Unit (E–MTU) VMS units
in Atlantic HMS fisheries. The rule
would also consider implementing a
declaration system where vessels
declare target species and gear type used
and requiring that a certified marine
electrician install all E–MTU VMS
units. The purpose of this rulemaking
would be to remove out-dated MTU
VMS units from service in Atlantic HMS
fisheries, provide the National Oceanic
and Atmospheric Association Office of
Law Enforcement (NOAA OLE) with
enhanced communication with HMS
vessels at sea, improve enforcement
capabilities of current regulations,
provide additional flexibility for future
management options, and provides a
secondary safety capability that has
proven useful, but does not replace,
primary safety tools such as Emergency
Position Indicating Radio Beacons
(EPIRB).
Timetable:
Action
Date
NPRM ..................
Final Action .........
FR Cite
06/00/11
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
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, E-mail:
emily.menashes@noaa.gov.
RIN: 0648–BA64
66. • Management Measures for Tuna
Fisheries Operating in the Eastern
Pacific Ocean
Legal Authority: 16 U.S.C. 951 to 961
and 971 et seq.
Abstract: NMFS proposes regulations
under the Tuna Conventions Act of
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1950, as amended, to implement
decisions of the Inter-American Tropical
Tuna Commission (IATTC). At its
eighty-first meeting, in September 2010,
the IATTC adopted the following three
recommendations: (1) Recommendation
on Tuna Conservation 2011–2013 (C–
10–01); (2) Recommendation on
Seabirds (C–10–02); and (3)
Recommendation Prohibiting Fishing on
Data Buoys (C–10–03). The United
States already has domestic seabird
conservation measures in place for U.S.
longline fisheries that operate in the
eastern Pacific Ocean (EPO) that satisfy
the requirements under
Recommendation C–10–02. Thus, this
rule would implement IATTC
Recommendations C–10–01 and C–10–
03, and update vessel monitoring
system (VMS) requirements in the EPO
in accordance with IATTC Resolution
C–04–06.
This rule would amend current tuna
conservation measures in the longline
and purse seine fisheries by (1) reducing
the duration of the purse seine closure
period in the EPO from 73 to 62 days
in 2011 and continuing this purse seine
closure period in 2012 and 2013; (2)
allowing vessel owners to choose
between two closure periods each year
rather than requiring the entire U.S.
fleet to adhere to one closure period; (3)
continuing the 500 metric ton bigeye
tuna quota for large-scale longline
vessels for 2011–2013; (4) renewing the
tuna retention program in the purse
seine fishery; (5) prohibiting tuna
fishing vessels from fishing within one
nautical mile of data buoys in the EPO;
and (6) requiring tuna fishing vessels
over 24 meters in length to install and
operate VMS.
Timetable:
Date
NPRM ..................
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mark Helvey,
Assistant Regional Administrator for
Sustainable Fisheries, Department of
Commerce, National Oceanic and
Atmospheric Administration, 501 West
Ocean Boulevard, Long Beach, CA
90802, Phone: 562 980–4040, Fax: 562
980–4047, E-mail:
mark.helvey@noaa.gov.
RIN: 0648–BA66
67. • Amendment 13 to the Coastal
Pelagic Species Fishery Management
Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The intent of Amendment
13 to the Coastal Pelagic Species Fishery
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Management Plan is to revise relevant
sections of the plan to ensure they are
consistent with the advisory guidelines
published in Federal regulations at 50
CFR 600.310. The guidelines describe
fishery management approaches to meet
the objectives of National Standard 1
(NS1) found in the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), Section 301. Amendment 13
includes mechanisms for annual catch
limits and accountability measures and
other provisions for preventing and
ending overfishing.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mark Helvey,
Assistant Regional Administrator for
Sustainable Fisheries, Department of
Commerce, National Oceanic and
Atmospheric Administration, 501 West
Ocean Boulevard, Long Beach, CA
90802, Phone: 562 980–4040, Fax: 562
980–4047, E-mail:
mark.helvey@noaa.gov.
RIN: 0648–BA68
68. • Atlantic Highly Migratory
Species; Implementing International
Convention for the Conservation of
Atlantic Tunas Recommendations on
Sharks
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: This action would
implement two recommendations
adopted at the 2010 annual meeting of
the International Commission for the
Conservation of Atlantic Tunas (ICCAT).
Recommendation 10–07 prohibits the
retention, transshipping, landing,
storing, or selling of oceanic whitetip
sharks. Recommendation 10–08
prohibits the retention, transshipping,
landing, storing, or selling of
hammerhead sharks in the family
Sphyrnidae, except for Sphyrnidae
tiburo, taken in the Convention area in
association with ICCAT fisheries.
Timetable:
Action
Date
NPRM ..................
Final Action .........
FR Cite
06/00/11
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Margo Schulze–
Haugen, Supervisory Fish Management
Officer, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
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Phone: 301 713–0234, Fax: 301 713–
1917, E-mail: margo.schulzehaugen@noaa.gov.
RIN: 0648–BA69
69. • Amendment 15 to the Atlantic Sea
Scallop Fishery Management Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 15 to the
Atlantic Sea Scallop Fishery
Management Plan (Scallop FMP) was
developed by the New England Fishery
Management Council (Council) to
implement annual catch limits (ACLs)
and accountability measures (AMs) to
come into compliance with new
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA). In addition, Amendment 15
to the Scallop FMP includes measures
that would make management of the
scallop fishery more effective including:
Modification of the overfishing
definition for scallops; an increase in
the possession limit for limited access
general category (LAGC) vessels; an
allowance for carryover of individual
fishing quota (IFQ) for LAGC vessels; a
provision to enable LAGC vessel owners
to permanently transfer IFQ separate
from the vessel’s LAGC permit; revision
of the essential fish habitat closures
under the Scallop FMP; and several
changes to the scallop research set aside
program.
Timetable:
Action
Date
FR Cite
Notice of Availability.
NPRM ..................
Final Action .........
03/24/11
76 FR 16595
06/00/11
08/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA71
70. • Framework Adjustment 22 to the
Scallop Fishery Management Plan
Legal Authority: 16 U.S.C. 1801
Abstract: Framework 22 to the
Atlantic Sea Scallop FMP (Framework
22) would set management measures for
the scallop fishery for the 2011 to 2013
fishing years (FYs), including the
annual catch limits (ACL) and annual
catch targets for the limited access and
limited access general category fleets
based on the ACL framework proposed
in Amendment 15 to the FMP. In
addition, Framework 22 will revise the
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scallop access area schedules for FYs
2011 to 2013, set the scallop days-at-sea
(DAS) allocations and sea scallop access
area trip allocations, and set measures to
minimize impacts of incidental take of
sea turtles in the Mid-Atlantic total
allowable catches (TACs) for the
Northern Gulf of Maine management
area, observer set-aside, and incidental
landings (target TAC).
Timetable:
Action
Date
NPRM ..................
Final Action .........
FR Cite
06/00/11
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA72
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71. • Atlantic Highly Migratory Species
Electronic Dealer Reporting
Requirements
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would
require all federally-permitted Atlantic
Highly Migratory Species (HMS) dealers
to report commercially-caught HMS
(i.e., Atlantic sharks, tunas, and
swordfish) to the National Marine
Fisheries Service (NMFS) through an
electronic reporting system. In addition,
this rulemaking would clarify that a
dealer is only authorized to buy
commercially-caught HMS if the dealer
reports have been submitted to NMFS in
a timely manner. Any delinquent
reports would need to be submitted and
accepted before a dealer could buy
commercially-caught HMS. Finally, this
rulemaking would require that all
commercially harvested HMS caught by
federally-permitted fishermen be
offloaded to federally-permitted and
certified HMS dealers, who must report
the associated catch to NMFS. These
measures are necessary to ensure timely
and accurate reporting, which is critical
for quota monitoring and management
of HMS.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
FR Cite
06/00/11
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
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13:39 Jul 06, 2011
Jkt 223001
Agency Contact: Margo Schulze–
Haugen, Supervisory Fish Management
Officer, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–0234, Fax: 301 713–
1917, E-mail: margo.schulzehaugen@noaa.gov.
RIN: 0648–BA75
72. • Catch Reporting Regulatory
Rulemaking for the Atlantic Herring
Fishery
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The goal of the catch
reporting rulemaking is to improve
monitoring of the annual catch limit
(ACL) and sub-ACLs for each
management area in the Atlantic herring
fishery. Requirements under
consideration include: Daily reporting
via vessel monitoring systems for
limited access herring vessels, weekly
reporting via the interactive voice
response system for open access vessels,
and weekly submission of vessel trip
reports for limited access and/or open
access vessels.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA79
73. • Bering Sea Chinook Salmon
Economic Data Reporting Program
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1851; 16 U.S.C. 3631 et
seq.
Abstract: NMFS proposes to
implement the Chinook Salmon
Economic Data Program to evaluate the
effectiveness of Chinook salmon bycatch
management measures for the Bering
Sea pollock fishery that were
implemented under Amendment 91 to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The proposed rule is intended to
promote the goals and objectives of the
FMP, the Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable law.
To collect the data, NMFS would
require submission of each of the
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following three reports/surveys. These
would be in a fillable electronic format
available on the NMFS AKR website.
Representatives of AFA catcher/
processor and mothership sectors,
inshore cooperatives, the inshore open
access fishery, and CDQ groups would
be responsible to submit the Chinook
EDR. The Reports/Surveys are: Chinook
Salmon PSC Allocation Compensated
Transfer Report (CTR); Vessel Fuel
Survey; and the Vessel Master Survey.
In addition to these reports/surveys,
NMFS would collect new information
concerning vessel movements on the
fishing grounds and more general data
on pollock allocations and transfers
through revisions of requirements to the
existing IPA Annual Report.
Timetable:
Action
Date
NPRM ..................
Final Rule ............
FR Cite
06/00/11
09/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, E-mail:
jim.balisger@noaa.gov.
RIN: 0648–BA80
74. • 2011 Summer Flounder, Scup,
and Black Sea Bass Recreational
Management Measures and Scup
Specification Increase (Increased 2011
Total Allowable Landings)
Legal Authority: 16 U.S.C. 1801
Abstract: This rulemaking would
conduct two related actions: It would
publish a proposed increase to the
previously established 2011 scup TAC
and TAL and would propose
management measures to achieve
recreational harvest limits for the
summer flounder, scup, and black sea
bass recreational fisheries. Recreational
management measures include
recreational possession limits,
minimum fish sizes, and seasonal
closures.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
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
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Republic Way, Gloucester, MA 01930,
Phone: 978 281–9200, Fax: 978 281–
9117, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA92
75. Potential Revisions to the Turtle
Excluder Device Requirements
Legal Authority: 16 U.S.C. 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
solicits 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
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
ANPRM Comment
Period Extended.
NPRM ..................
NPRM Comment
Period End.
02/15/07
03/19/07
72 FR 7382
03/19/07
72 FR 12749
10/00/11
12/00/11
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
76. Marine Mammal Protection Act
Permit Regulation Revisions
Legal Authority: 16 U.S.C. 1374
Abstract: The National Marine
Fisheries Service (NMFS) is considering
changes to its implementing regulations
(50 CFR 216) governing the issuance of
permits for scientific research and
enhancement activities under section
104 of the Marine Mammal Protection
Act and is soliciting public comment to
better inform the process. NMFS intends
to streamline and clarify general
permitting requirements and
requirements for scientific research and
enhancement permits, simplify
procedures for transferring marine
mammal parts, possibly apply the
General Authorization (GA) to research
activities involving Level A harassment
13:39 Jul 06, 2011
Action
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period Extended.
ANPRM Comment
Period End.
ANPRM Comment
Period Extended End.
NPRM ..................
09/13/07
10/15/07
72 FR 52339
72 FR 58279
11/13/07
72 FR 52339
12/13/07
72 FR 58279
11/00/11
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, E-mail:
michael.payne@noaa.gov.
RIN: 0648–AV82
77. Reduce Sea Turtle Bycatch in
Atlantic Trawl Fisheries
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AV04
VerDate Mar<15>2010
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:
Jkt 223001
Legal Authority: 16 U.S.C. 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
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:
Action
Date
NPRM ..................
07/00/11
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40023
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexis Gutierrez,
Foreign Affairs Specialist, Department
of Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–2322, Fax: 301
713–4060, E-mail:
alexis.gutierrez@noaa.gov.
RIN: 0648–AY61
78. • False Killer Whale Take
Reduction Plan (Section 610 Review)
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: NMFS is undertaking
rulemaking to implement a False Killer
Whale Take Reduction Plan (FKWTRP).
The FKWTRP is based on consensus
recommendations submitted by the
False Killer Whale Take Reduction
Team (FKWTRT). This action is
necessary because current serious injury
and mortality rates of the Hawaii Pelagic
stock of false killer whales incidental to
the Category I Hawaii-based deep-set
(tuna target) longline fishery and
Category II Hawaii-based shallow-set
(swordfish target) fishery are above the
stock’s potential biological removal
(PBR) level, and therefore inconsistent
with the short-term goal of the Marine
Mammal Protection Act (MMPA).
Additionally, serious injury and
mortality rates of the Hawaii Insular
stock and Palmyra Atoll stocks of false
killer whales incidental to the Hawaiibased deep-set longline fishery are
above insignificant levels approaching a
zero mortality and serious injury rate,
and therefore inconsistent with the
long-term goal of the MMPA. The
FKWTRP is intended to meet the
statutory mandates and requirements of
the MMPA through both regulatory and
non-regulatory measures, and research
and data collection priorities.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kristy Long,
Fisheries Biologist, Department of
Commerce, National Oceanic and
Atmospheric Administration, Room
13738, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 713–
2322, Fax: 301 427–2522, E-mail:
kristy.long@noaa.gov.
RIN: 0648–BA30
79. • Amendment to Regulations Under
the Bottlenose Dolphin Take Reduction
Plan
Legal Authority: 16 U.S.C. 1361 et seq.
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Abstract: Serious injury and mortality
of the Western North Atlantic bottlenose
dolphin stocks incidental to Category I
and II fisheries continue at levels
potentially exceeding Potential
Biological Removal (PBR) levels,
requiring additional management
measures under the Bottlenose Dolphin
Take Reduction Plan (BDTRP).
Therefore, the purpose of the proposed
actions is to amend the BDTRP to
reduce serious injury and mortality of
bottlenose dolphins in the Virginia
pound net fishery (Category II) and midAtlantic gillnet fishery (Category I) in
North Carolina, specifically, the spiny
dogfish fishery. The need for the
proposed actions is to ensure the
BDTRP meets its MMPA mandated
short- and long-term goals. NMFS will
examine a number of management
measures, including consensus
recommendations from the Bottlenose
Dolphin Take Reduction Team,
designed to reduce the incidental
mortality or serious injury of bottlenose
dolphins taken in both the Virginia
pound net fishery and spiny dogfish
fishery in North Carolina to below PBR,
as well as other updates supporting the
objectives of the BDTRP.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/11
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stacey Leah Carlson,
Fishery Biologist, Department of
Commerce, National Oceanic and
Atmospheric Administration, 263 13th
Avenue South, St. Petersburg, FL 33701,
Phone: 727 824–5312, Fax: 727 824–
5309, E-mail: stacey.carlson@noaa.gov.
RIN: 0648–BA34
80. • Revision of Hawaiian Monk Seal
Critical Habitat
Legal Authority: 16 U.S.C. 1533
Abstract: On July 9, 2008, NMFS
received a petition from the Center for
Biological Diversity, Kahea, and the
Ocean Conservancy to revise the
Hawaiian monk seal critical habitat
designation by adding the following
areas in the main Hawaiian Islands
(MHI): Key beach areas, sand spits and
islets, including all beach crest
vegetation to its deepest extent inland,
lagoon waters, inner reef waters, and
ocean waters out to a depth of 200 m.
In addition, the Petitioners requested
that designated critical habitat in the
NWHI be extended to include Sand
Island at Midway, as well as ocean
waters out to a depth of 500 meters. On
October 3, 2008, NMFS announced in
VerDate Mar<15>2010
13:39 Jul 06, 2011
Jkt 223001
the 90-day finding that the petition
presented substantial scientific
information indicating that a revision to
the current critical habitat designation
may be warranted. On June 12, 2009, in
the 12-month finding, NMFS announced
that a revision to critical habitat is
warranted, on account of new
information available regarding habitat
use by the Hawaiian monk seal, and
announced our intention to proceed
towards a proposed rule. This proposed
rule describes the proposed critical
habitat designation, including
supporting information on Hawaiian
monk seal biology, distribution, and
habitat use, and the methods used to
develop the proposed revision to
Hawaiian monk seal critical habitat.
Timetable:
Action
Date
NPRM ..................
Final Action .........
FR Cite
06/00/11
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Marta Nammack,
Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–1401, Fax: 301 427–
2523, E-mail:
marta.nammack@noaa.gov.
RIN: 0648–BA81
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Ffisheries Sservice
81. Amending Regulations for the
Pacific Halibut, Sablefish, and Pollock
Fisheries Conducted Under the Western
Alaska Community Development Quota
(CDQ) Program
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 773 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 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
PO 00000
Frm 00014
Fmt 4701
Sfmt 4702
observer requirements to ensure that
they are no more restrictive than the
regulations in effect for comparable nonCDQ 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
07/13/10
08/12/10
75 FR 39892
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov.
RIN: 0648–AV33
82. Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act (MSRA)
Environmental Review Procedure
Legal Authority: 16 U.S.C. 1801
Abstract: Section 107 of the
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act (MSRA) (Pub.L.
109–479) requires NOAA Fisheries to
revise and update agency procedures for
complying with the National
Environmental Policy Act (NEPA) in
context of fishery management actions.
It further requires that NOAA Fisheries
consult with the Council on
Environmental Quality (CEQ) and the
Regional Fishery Management Councils
(Councils), and involve the public in the
development of the revised procedures.
The MSRA provides that the resulting
procedures will be the sole
environmental impact assessment
procedure for fishery management
actions, and that they must conform to
the time lines for review and approval
of fishery management plans and plan
amendments. 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
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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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
05/14/08
06/13/08
73 FR 27998
10/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Steve Leathery,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–2239, E-mail:
steve.leathery@noaa.gov.
RIN: 0648–AV53
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Legal Authority: 16 U.S.C. 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:
13:39 Jul 06, 2011
Jkt 223001
Date
FR Cite
Notice of Intent ....
Notice of Availability.
Notice of Availability Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
05/08/08
08/12/10
73 FR 26082
75 FR 48920
10/12/10
10/18/10
12/02/10
75 FR 63791
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–AW75
84. Allowable Modifications to the
Turtle Excluder Device Requirements
83. Amendment 4 to the Atlantic
Herring Fishery Management Plan
VerDate Mar<15>2010
Action
Legal Authority: 16 U.S.C. 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 15⁄8 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 ..................
NPRM Comment
Period End.
Final Action .........
09/02/10
10/18/10
75 FR 53925
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Barnette,
Fishery Biologist, Department of
Commerce, National Oceanic and
Atmospheric Administration, 263
Thirteenth Avenue South, St.
Petersburg, FL 33701, Phone: 727 551–
5794, Fax: 727 824–5583, E-mail:
michael.barnette@noaa.gov.
RIN: 0648–AW93
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
40025
85. 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 U.S.C. 1801 et
seq.; 16 U.S.C. 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
08/23/10
09/22/10
75 FR 51741
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249,
E-mail: robert.mecum@noaa.gov.
RIN: 0648–AX91
86. 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 U.S.C. 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.
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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 ..................
NPRM Comment
Period End.
Final Action .........
01/20/11
02/22/11
76 FR 3596
06/00/11
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
87. Addendum IV to the Weakfish
Interstate Management Plan—Bycatch
Trip Limit
Legal Authority: 16 U.S.C. 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:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period ReOpened.
NPRM Comment
Period ReOpened End.
05/12/10
06/11/10
75 FR 26703
06/16/10
75 FR 34092
VerDate Mar<15>2010
13:39 Jul 06, 2011
Jkt 223001
Date
Final Action .........
FR Cite
06/00/11
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 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–2334, Fax: 301
713–0596, E-mail:
alan.risenhoover@noaa.gov.
RIN: 0648–AY41
88. Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2011
to 2012 Biennial Specifications and
Management Measures; FMP
Amendment 16–5 and FMP Amendment
23
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule sets the 2011 to
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:
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY03
06/30/10
Action
Action
Date
FR Cite
Notice of Availability.
NPRM ..................
Notice of Availability Comment
Period End.
NPRM Comment
Period End.
Final Action .........
10/01/10
75 FR 60709
11/03/10
11/30/10
75 FR 67810
12/03/10
Legal Authority: 16 U.S.C. 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
Fmt 4701
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Emergency
Rule.
Final Emergency
Rule Extension.
08/16/10
08/31/10
75 FR 49883
09/24/10
75 FR 58335
Sfmt 4702
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA06
90. • 2011 Atlantic Bluefish
Specifications
Legal Authority: 16 U.S.C. 1801
Abstract: This action will establish
2011 Atlantic bluefish specifications,
including State-by-State commercial
quotas, a recreational harvest limit, and
recreational possession limits for
Atlantic bluefish off the east coast of the
United States. The action also revises
the Atlantic bluefish regulations for the
specification of overall total allowable
landings and the target fishing mortality
rate to more clearly reflect the intent of
the Atlantic Bluefish Fishery
Management Plan.
Timetable:
Action
89. Emergency Rule to Re-Open the
Recreational Red Snapper Season in
the Gulf of Mexico
Frm 00016
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/14/11
01/31/11
76 FR 2640
07/00/11
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, E-mail: frank.lockhart@noaa.gov.
RIN: 0648–BA01
PO 00000
season, if it is determined that landings
during the June 1–July 23 open season
did not meet the quota.
Timetable:
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA26
91. • Framework Adjustment 45 to the
Northeast Multispecies Fishery
Management Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery
Management Council (Council) is
developing Framework Adjustment 45
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to the Northeast Multispecies FMP to
implement measures to update status
determination criteria for pollock; revise
the rebuilding program for Georges Bank
yellowtail flounder; revise annual catch
limits for several stocks; implement
additional sectors, including statesponsored permit banks; modify a
scallop exemption area; revise
monitoring requirements; and
implement a spawning closure area in
the Gulf of Maine. These measures are
expected to continue efforts to rebuild
overfished stocks, minimize costs to
industry, and increase the economic
efficiency of vessel operations.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
03/03/11
03/18/11
76 FR 11858
06/00/11
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA27
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
92. • Modification of Regulations
Governing the Retention of
Incidentally-Caught Highly Migratory
Species in Atlantic Trawl Fisheries
Legal Authority: 16 U.S.C. 1801
Abstract: This rule proposes to
modify the regulations governing
Atlantic highly migratory species (HMS)
to address the retention of incidentallycaught North Atlantic swordfish in
squid trawl fisheries, and the retention
of incidentally caught species in the
smoothhound shark complex (which
includes smooth dogfish and Florida
smoothhound (genus Mustelus)) in all
Atlantic trawl fisheries. Trawl gear is
not authorized in Atlantic HMS
fisheries, but an allowance for the
retention of incidentally-caught
swordfish in trawl gears has been
established to reduce regulatory
discards. This rule would consider
modifying the allowance for
incidentally-caught HMS in trawl gears
to reduce regulatory dead discards, to
the extent practicable, by converting
discards into landings, improve fishery
data collection, provide additional
opportunities for the U.S. swordfish
quota to be caught, and accommodate
traditional fishing methods (i.e., trawls)
that incidentally capture North Atlantic
VerDate Mar<15>2010
13:39 Jul 06, 2011
Jkt 223001
swordfish and smoothhound shark
species.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
03/18/11
04/17/11
76 FR 14884
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management
Officer, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–0234, Fax: 301 713–
1917, E-mail: margo.schulzehaugen@noaa.gov.
RIN: 0648–BA45
93. • Implementation of a Recreational
Seasonal Closure for Greater
Amberjack; Regulatory Framework
Action to the Fishery Management Plan
for Reef Fish Resources of the Gulf of
Mexico (FMP)
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: To reduce the probability of
early in-season closures for recreational
greater amberjack in the Gulf of Mexico,
the rule would close the greater
amberjack recreational fishing season
annually from June 1 through July 31.
The intended effect of this rule is to
maintain the rebuilding plan targets for
the overfished greater amberjack,
prevent the annual catch limit from
being exceeded, and maximize the
number of fishing days available to the
recreational sector.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
NPRM Reopening
Comment Period.
NPRM Reopening
Comment Period End.
Final Action .........
01/24/11
02/23/11
76 FR 4084
03/10/11
76 FR 13122
03/25/11
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA48
PO 00000
Frm 00017
Fmt 4701
Sfmt 4702
40027
94. • Regulatory Amendment 10 to the
Fishery Management Plan for the
Snapper Grouper Fishery of the South
Atlantic Region
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of the
amendment is to reduce the spatial and
temporal coverage of the regulations
proposed in Amendment 17A to the
Snapper Grouper FMP based on the
most recent scientific information
concerning the red snapper stock in the
South Atlantic. The inclusion of a
sunset provision to eliminate the
prohibition to snapper grouper species
in the closure area is also under
consideration.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/18/11
03/21/11
76 FR 9530
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA51
95. • Amendment to the Fishery
Management Plan for the Reef to Set
Total Allowable Catch for Red Snapper
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would adjust the
commercial and recreational quotas of
red snapper to 3.66 and 3.525 MP,
respectively, consistent with the 51:49
ratio for the commercial and
recreational allocation of red snapper
established in Amendment 1 to the
FMP. NOAA Fisheries Service will
provide an estimated projection for the
number of days in the 2011 recreational
fishing season after the 2010 harvest
numbers are received.
In addition, NOAA Fisheries Service
proposes to make administrative
adjustments to the reef fish individual
fishing quota program via the authority
in 305(d) of the Magnuson-Stevens Act.
This action would revise the definition
of ‘‘actual ex-vessel value’’ in § 622.2 of
the regulations. The intent of this
revision is to allow NOAA Fisheries
Service to more accurately analyze the
total value of the Gulf red snapper and
grouper and tilefish fisheries. Similarly,
NOAA Fisheries Service is proposing to
revise regulations at §§ 622.16 and
622.20 to extend the existing 12-hour
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maintenance window with an
additional 8 hours to allow for more
time to conduct end of year
maintenance. It also clarifies how
fishermen can submit an IFQ landing
notification during the maintenance
window.
Lastly, NOAA Fisheries Service is
proposing to remove an obsolete
regulation. Regulations implementing
Amendment 30B to the FMP, removed
the February 15 to March 15 seasonal
closure of the commercial sector of the
Gulf reef fish fishery for gag, red
grouper, and black grouper. However,
NOAA Fisheries Service inadvertently
did not remove § 622.45(c)(4) in the
final rule for Amendment 30B, which
includes the prohibition on the sale/
purchase of gag, black grouper, or red
grouper harvested from the Gulf by a
vessel with a valid Federal commercial
permit for Gulf reef fish from February
15 until March 15, each year. This
action proposes to remove this obsolete
paragraph.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/22/11
03/24/11
76 FR 9735
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA54
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
96. Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Quotas and
Atlantic Tuna Fisheries Management
Measures
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: This action would modify
Atlantic bluefin tuna (BFT) base quotas
for all domestic fishing categories;
establish BFT quota specifications for
the 2011 fishing year; reinstate pelagic
longline target catch requirements for
retaining BFT in the Northeast Distant
Gear Restricted Area (NED); amend the
Atlantic tunas possession at sea and
landing regulations to allow removal of
tail lobes; and clarify the transfer at sea
regulations for Atlantic tunas. This
action is necessary to implement
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT), as required by
VerDate Mar<15>2010
13:39 Jul 06, 2011
Jkt 223001
the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). NMFS solicits
written comments and will hold public
hearings to receive oral comments on
these actions.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM—Correction.
NPRM Comment
Period End.
NPRM Comment
Period End—
Correction.
Final Action .........
03/14/11
03/21/11
76 FR 13583
76 FR 15276
04/14/11
04/28/11
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management
Officer, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–0234, Fax: 301 713–
1917, E-mail: margo.schulzehaugen@noaa.gov.
RIN: 0648–BA65
97. Framework Adjustment 1 to the
Northeast Skate Complex FMP
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Framework Adjustment 1 to
the Skate FMP would adjust the
possession limits for the skate wing
fishery in order to slow the rate of skate
wing landings, so that the available
Total Allowable Landings limit (TAL) is
taken by the fishery over a longer
duration in the fishing year than
occurred in 2010. The action would also
allow vessels that process skate wings at
sea to land skate carcasses for sale into
the bait market, without counting the
carcass landings against the TAL (skate
wings are already converted to live
weight for monitoring).
Timetable:
9283, E-mail:
michael.pentony@noaa.gov.
RIN: 0648–BA91
98. Protective Regulations for Killer
Whales in the Northwest Region Under
the Endangered Species Act and Marine
Mammal Protection Act
Legal Authority: 16 U.S.C. 1361 et
seq.; 16 U.S.C. 1531–1543
Abstract: The National Marine
Fisheries Service (NMFS) is considering
whether to propose regulations to
protect killer whales (Orcinus orca) in
the Pacific Northwest. The Southern
Resident killer whale distinct
population segment (DPS) was listed as
endangered under the Endangered
Species Act (ESA) on November 18,
2005 (70 FR 69903). In the final rule
announcing the listing, NMFS identified
vessel effects, including direct
interference and sound, as a potential
contributing factor in the recent decline
of this population. Both the Marine
Mammal Protection Act (MMPA) and
the ESA prohibit take, including
harassment, of killer whales, but these
statutes do not prohibit specified acts.
NMFS is now considering whether to
propose regulations that would prohibit
certain acts, under our general
authorities under the ESA and MMPA
and their implementing regulations. The
Proposed Recovery Plan for Southern
Resident killer whales (71 FR 69101;
November 29, 2006) includes as a
management action the evaluation of
current guidelines and the need for
regulations and/or protected areas. The
scope of this ANPRM encompasses the
activities of any person or conveyance
that may result in the unauthorized
taking of killer whales and/or that may
cause detrimental individual-level and
population-level impacts. NMFS
requests comments on whether—and if
so, what type of—conservation
measures, regulations, and, if necessary,
other measures would be appropriate to
protect killer whales from the effects of
these activities.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
04/04/11
04/19/11
76 FR 18505
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
NPRM Comment
Period End Extended.
Final Rule ............
03/22/07
04/23/07
72 FR 13464
07/29/09
10/19/09
74 FR 37674
74 FR 53454
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Senior Fishery Policy Analyst,
Department of Commerce, National
Oceanic and Atmospheric
Administration, One Blackburn Drive,
Gloucester, MA 01930, Phone: 978 281–
PO 00000
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01/15/10
06/00/11
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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, E-mail: jim.lecky@noaa.gov.
RIN: 0648–AV15
99. Revision of Critical Habitat
Designation for the Endangered
Leatherback Sea Turtle
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine
Fisheries Service announces a rule to
revise leatherback turtle (Dermochelys
coriacea) critical habitat under the
Endangered Species Act of 1973, as
amended. The leatherback is currently
listed as endangered throughout its
range, and critical habitat consists of
Sandy Point Beach and adjacent waters,
St. Croix, U.S. Virgin Islands. This rule
would revise critical habitat to include
waters along the U.S. West Coast.
Timetable:
Action
Date
FR Cite
NPRM ..................
Notice of Public
Hearings.
NPRM Comment
Period Extension.
NPRM Comment
Period End.
NPRM Comment
Period Extension End.
Final Action .........
01/05/10
02/01/10
75 FR 319
75 FR 5015
02/19/10
75 FR 7434
03/08/10
04/19/10
06/00/11
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, Fax: 301 713–
4060, E-mail: sara.mcnulty@noaa.gov.
RIN: 0648–AX06
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100. Critical Habitat Designation for
Cook Inlet Beluga Whale Under the
Endangered Species Act
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine
Fisheries Service (NMFS) listed the
Cook Inlet beluga whale Distinct
Population Segment as endangered
under the Endangered Species Act on
October 17, 2009. NMFS is required to
designate critical habitat no later than
one year after the publication of a
listing. NMFS intends to publish a
proposed rule by October 17, 2009.
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Timetable:
Action
Date
FR Cite
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Final Action .........
04/14/09
05/14/09
74 FR 17131
12/02/09
01/12/10
74 FR 63080
75 FR 1582
02/01/10
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Marta Nammack,
Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–1401, Fax: 301 427–
2523, E-mail:
marta.nammack@noaa.gov.
RIN: 0648–AX50
101. 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 U.S.C. 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
07/14/09
08/13/09
74 FR 33960
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102. • Endangered and Threatened
Species, Designation of Critical Habitat
for Southern Distinct Population
Segment of Eulachon
Legal Authority: 16 U.S.C. 1533
Abstract: We, the National Marine
Fisheries Service (NMFS), propose to
designate critical habitat for the
southern Distinct Population Segment
(DPS) of Pacific eulachon (Thaleichthys
pacificus), which was recently listed as
threatened under the Endangered
Species Act (ESA). We have proposed
12 specific areas for designation as
critical habitat within the states of
California, Oregon, and Washington.
The proposed areas are a combination of
freshwater creeks and rivers and their
associated estuaries which comprise
approximately 470 km (292 mi) of
habitat. Three particular areas are
proposed for exclusion after evaluating
the impacts and benefits associated with
tribal land ownership and management
by Indian tribes, but no areas are
proposed for exclusion based on
economic impacts.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/05/11
03/07/11
FR Cite
76 FR 515
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Marta Nammack,
Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–1401, Fax: 301 427–
2523, E-mail:
marta.nammack@noaa.gov.
RIN: 0648–BA38
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
06/00/11
National Marine Fisheries Service
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, E-mail: jim.lecky@noaa.gov.
RIN: 0648–AX86
PO 00000
40029
103. Fishery Management Plan for
Regulating Offshore Marine
Aquaculture in the Gulf of Mexico
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of this fishery
management plan (FMP) is to develop a
regional permitting process for
regulating and promoting
environmentally sound and
economically sustainable aquaculture in
the Gulf of Mexico (Gulf) exclusive
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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
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.
NOA Comment
Period End.
NPRM ..................
FR Cite
06/04/09
74 FR 26829
08/03/09
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AS65
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NPRM ..................
06/00/12
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 Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA59
105. Permits for Capture, Transport,
Import, and Export of Protected Species
for Public Display, and for Maintaining
a Captive Marine Mammal Inventory
Legal Authority: 16 U.S.C. 1372(c)
Abstract: This rule will revise and
simplify criteria and procedures specific
to permits for taking, transporting,
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Date
FR Cite
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
NPRM Comment
Period Extended.
07/03/01
08/22/01
66 FR 35209
66 FR 44109
Final Action .........
09/04/01
11/02/01
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Payne,
Phone: 907 586–7235, Fax: 301 713–
2521, E-mail: michael.payne@noaa.gov.
RIN: 0648–AH26
Completed Actions
106. Maximize Retention and
Monitoring Program in the Shore-Based
Pacific Whiting Fishery
Legal Authority: 16 U.S.C. 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 shorebased 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,
PO 00000
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Fmt 4701
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).
Timetable:
Action
National Oceanic and Atmospheric
Administration (NOAA)
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 21 examines
measures to limit participation in the
snapper grouper fishery including
endorsements, trip limits, and catch
share programs.
Timetable:
Date
Action
DEPARTMENT OF COMMERCE (DOC)
104. • Amendment 21 to the SnapperGrouper Fishery Management Plan of
the South Atlantic Region
Action
importing, and exporting protected
species for public display, and provide
convenient formats for reporting marine
mammal captive holdings and
transports as required by amendments
made in 1994 to the Marine Mammal
Protection Act.
Timetable:
Sfmt 4702
Date
Withdrawn ...........
FR Cite
02/07/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: D. Robert Lohn,
Regional Administrator, Northwest
Region, NMFS, Department of
Commerce, National Oceanic and
Atmospheric Administration, 7600 Sand
Point Way NE, Building 1, Seattle, WA
48115–0070, Phone: 206 526–6150, Fax:
206 526–6426, E-mail:
robert.lohn@noaa.gov.
RIN: 0648–AR63
107. Certification of Nations Whose
Fishing Vessels Are Engaged in IUU
Fishing or Bycatch of Protected Living
Marine Resources
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1826(d) to1826(k)
Abstract: The National Marine
Fisheries Service (NMFS) is establishing
a process of identification and
certification to address illegal,
unreported, or unregulated (IUU)
activities and bycatch of protected
species in international fisheries.
Nations whose fishing vessels engage, or
have been engaged, in IUU fishing or
bycatch of protected living marine
resources would be identified in a
biennial report to Congress, as required
under section 403 of the MagnusonStevens Fishery Conservation and
Management Reauthorization Act
(MSRA) of 2006 which amended the
High Seas Driftnet Fishing Moratorium
Protection Act. Under the final
regulations, NMFS would subsequently
certify whether identified nations have
taken appropriate corrective action with
respect to the activities of its fishing
vessels.
Timetable:
Action
Date
FR Cite
ANPRM ...............
NPRM ..................
06/11/07
01/14/09
72 FR 33436
74 FR 2019
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Action
Date
NPRM Comment
Period End.
Final Action .........
05/14/09
01/12/11
FR Cite
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Christopher Rogers,
Division Chief, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–9090, Fax: 301
713–9106, E-mail:
christopher.rogers@noaa.gov.
RIN: 0648–AV51
108. Revise Regulations Governing the
North Pacific Groundfish Observer
Program
Legal Authority: 118 Stat 110; 16
U.S.C. 773 et seq.; 16 U.S.C. 1801 et
seq.; 16 U.S.C. 3631 et seq.; Pub. L. 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: Modifies the
current permit issuance process so that
observer and observer provider permit
issuance is a discretionary National
Marine Fisheries Service (NMFS)
decision; amends 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;
requires that observer providers submit
policies related to these activities and
continue to notify NMFS upon learning
of an incident; revises 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; revises the definition of
‘‘fishing day’’ in Federal regulations;
requires observer providers to annually
submit detailed economic information
to NMFS; specifies a date by which
observers who have collected data in the
previous fishing year would be required
to be available for debriefing; and
implements housekeeping issues related
to errors or clarifications in existing
regulations at 50 CFR 679.50.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
09/30/09
10/31/09
74 FR 50155
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13:39 Jul 06, 2011
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Date
FR Cite
Final Action .........
76 FR 2011
Action
11/10/10
75 FR 69016
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov.
RIN: 0648–AW24
109. 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 U.S.C. 1801
Abstract: This rule modifies 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 for Highly
Migratory Species (HMS), from
December 1 through the end of February
each year, as well as impose a yearround prohibition of bottom tending
gear (i.e., traps, pots, gillnets, trammel
nets, and bottom longlines). This action
prohibits fishing for and possession of
council managed reef fish species 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
07/28/10
08/27/10
75 FR 44209
11/02/10
75 FR 67247
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY05
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40031
110. Amendment 17A to the Fishery
Management Plan for the Snapper
Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 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 1950s and 1960s,
continued decline during the 1970s, and
stable but low levels since 1980. The
South Atlantic Fishery Management
Council (Council) is required by the
Magnuson-Stevens 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
FR Cite
Notice of Availability.
NPRM ..................
Notice of Availability Comment
Period End.
NPRM Comment
Period End.
Final Action—Correction.
07/29/10
75 FR 44753
08/13/10
09/27/10
75 FR 49447
09/27/10
03/09/11
76 FR 12883
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY10
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111. Amendment 17B to the Fishery
Management Plan for the Snapper
Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 1801
Abstract: Revisions to the MagnusonStevens Fishery Conservation and
Management Act (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
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 snapper-grouper
framework procedure to include ACLs,
AMs, and annual catch targets.
Timetable:
Date
FR Cite
Notice of Availability.
NPRM ..................
Notice of Availability Comment
Period End.
NPRM Comment
Period End.
Final Rule ............
Correcting
Amendment.
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Action
09/22/10
75 FR 57734
10/12/10
11/22/10
75 FR 62488
11/26/10
12/30/10
03/08/11
75 FR 82280
76 FR 12605
13:39 Jul 06, 2011
Jkt 223001
Date
Withdrawn ...........
FR Cite
02/07/11
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, E-mail: frank.lockhart@noaa.gov.
RIN: 0648–AY17
113. Regulatory Amendment To Revise
Charter Halibut Logbook Submission
Requirements
Legal Authority: 16 U.S.C. 2431 et
seq.; 31 U.S.C. 9701 et seq.
Abstract: The rule 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.
Timetable:
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
112. Maximized Retention Monitoring
Program for Catcher Vessels in the
Pacific Whiting Mothership Fishery in
the Pacific Coast Groundfish Fishery
VerDate Mar<15>2010
Action
Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–AY11
Legal Authority: 16 U.S.C. 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:
04/27/10
05/12/10
75 FR 22070
02/07/11
76 FR 6567
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Robert D Mecum,
Deputy Acting Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 W. 9th Street,
Room 420, Juneau, AK 99802, Phone:
907 586–7221, Fax: 907 586–7249,
E-mail: robert.mecum@noaa.gov.
RIN: 0648–AY38
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114. Vessel Capacity Limits in the Purse
Seine Fishery in the Eastern Pacific
Ocean
Legal Authority: 16 U.S.C. 971 et seq.;
16 U.S.C. 951 to 961
Abstract: NMFS is proposing
regulations under authority of the Tuna
Conventions Act of 1950 to 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 InterAmerican 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 C–02–03.
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
that 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
09/03/10
10/04/10
75 FR 54078
01/04/11
02/03/11
76 FR 283
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Heidi Hermsmeyer,
IATTC Coordinator, Department of
Commerce, National Oceanic and
Atmospheric Administration, 501 West
Ocean Boulevard, Long Beach, CA
90802, Phone: 562 980–4036, Fax: 562
980–4047, E-mail:
heidi.hermsmeyer@noaa.gov.
RIN: 0648–AY75
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115. 2011 Specifications for the Atlantic
Mackerel, Squid, and Butterfish Fishery
Legal Authority: 16 U.S.C. 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
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
11/17/10
12/17/10
75 FR 70187
02/14/11
76 FR 8306
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, E-mail: pat.kurkul@noaa.gov.
RIN: 0648–BA03
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116. Regulatory Amendment to the Reef
Fish Fishery Management Plan to Set
Total Allowable Catch for Red Grouper
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The 2009 update stock
assessment of the red grouper stock
indicated that although the stock
continues to be neither overfished or
undergoing overfishing, the stock has
declined since 2005. This decline was
attributed to a 2005 episodic mortality
event resulting in a little over 20 percent
mortalities. Therefore, there is a need to
improve the stock condition to a level
where, at equilibrium, the stock can be
harvested at optimum yield (OY). In
addition, there is a need to implement
rulemaking resulting from this
amendment prior to January 1, 2011.
This is so the 2011 commercial red
grouper quota can be set and allow
individual fishing quota (IFQ) shares to
be adjusted to reflect any change in the
total allowable catch (TAC). The
purpose of this regulatory amendment is
to adjust TAC and the resulting
commercial quota consistent with the
goals and objectives of the Council’s reef
fish management strategy and achieve
the mandates of the Magnuson-Stevens
Fishery Conservation and Management
Act.
Timetable:
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Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
10/18/10
11/02/10
75 FR 63780
12/01/10
75 FR 74656
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E Crabtree,
Southeast Regional Administrator,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, Saint Petersburg, FL 33701,
Phone: 727 824–5305, Fax: 727 824–
5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648–BA04
117. Pacific Halibut Fisheries; Catch
Sharing Plan
Legal Authority: 16 U.S.C. 773 et seq.
Abstract: NMFS proposes to approve
and implement changes to the Pacific
Halibut Catch Sharing Plan (Plan) for
the International Pacific Halibut
Commission’s (IPHC) regulatory Area
2A off Washington, Oregon, and
California (Area 2A). NMFS proposes to
implement the portions of the Plan and
management measures that are not
implemented through the IPHC, which
includes the sport fishery management
measures for Area 2A. These actions are
intended to enhance the conservation of
Pacific halibut, to protect yelloweye
rockfish and other overfished
groundfish species from incidental
catch in the halibut fisheries, and to
provide greater angler opportunity
where available.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/18/11
02/02/11
76 FR 2871
03/16/11
76 FR 14300
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sarah Joy
McAvinchey, Fishery Biologist,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 7600 Sand Point Way
NE., Building 1, Seattle, WA 98115,
Phone: 206 526–4323, Fax: 206 526–
6736.
RIN: 0648–BA25
118. • Bluefin Tuna Bycatch Reduction
in the Gulf of Mexico Pelagic Longline
Fishery
Legal Authority: 16 U.S.C. 1801
Abstract: This rule will consider
requiring the use of weak hooks by
pelagic longline (PLL) vessels fishing in
the Gulf of Mexico. The dual intent of
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this rule is to provide a new gear
technology for PLL vessels to continue
routine fishing operations in the Gulf of
Mexico on directed fisheries such as
yellowfin tuna while increasing the live
release of incidentally caught Atlantic
bluefin tuna to further stock recovery of
this historically overfished species.
Timetable:
Action
Date
FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/13/11
02/12/11
76 FR 2313
04/05/11
76 FR 18653
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management
Officer, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 713–0234, Fax: 301 713–
1917, E-mail: margo.schulzehaugen@noaa.gov.
RIN: 0648–BA39
119. Take and Import Marine
Mammals: Proposed Rule for Take of
Marine Mammals Incidental to Routine
Operations of 13 Power Generating
Stations in Central and Southern
California
Legal Authority: 16 U.S.C. 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 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
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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
Withdrawn ...........
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
(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:
FR Cite
02/24/11
Action
wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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, E-mail:
michael.payne@noaa.gov.
RIN: 0648–AW59
120. Taking and Importing Marine
Mammals; U.S. Naval Surface Warfare
Center Panama City Division Mission
Activities
Legal Authority: 16 U.S.C. 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,
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FR Cite
NPRM ..................
NPRM Comment
Period End.
Final Action .........
04/30/09
06/01/09
74 FR 20156
01/21/10
75 FR 3395
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, E-mail:
michael.payne@noaa.gov.
RIN: 0648–AW80
DEPARTMENT OF COMMERCE (DOC)
Action
Date
Final Action .........
FR Cite
07/00/11
Regulatory Flexibility Analysis
Required: Yes.
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, E-mail:
walter.schlueter@uspto.gov.
RIN: 0651–AC43
122. Revision of USPTO Fees for Fiscal
Year 2012
Legal Authority: 35 U.S.C. 119; Pub. L.
109–383; Pub. L. 110–116; Pub. L. 110–
137; Pub. L. 110–149; Pub. L. 110–161;
Pub. L. 110–5; Pub. L. 110–92; 35 U.S.C.
376; 35 U.S.C. 120; 35 U.S.C. 41;
35 U.S.C. 132(b)
Abstract: The United States Patent
and Trademark Office (USPTO) takes
this action to adjust certain patent fee
amounts for fiscal year 2012 to reflect
fluctuations in the Consumer Price
Index for All Urban Consumers (CPI–U).
The patent statute provides for the
annual CPI–U adjustment of patent fees
set by statute to recover the higher costs
associated with doing business.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
06/00/11
07/00/11
07/00/11
10/00/11
Patent and Trademark Office (PTO)
Proposed Rule Stage
121. Revision of USPTO Fees for Fiscal
Year 2011
Legal Authority: 35 U.S.C. 41, 119,
120, 132(b) and 376; Pub. L. 109–383;
Pub. L. 110–116; Pub. L. 110–137; Pub.
L. 110–149; Pub. L. 110–161; Pub. L.
110–5; Pub. L. 110–92
Abstract: The United States Patent
and Trademark Office (USPTO) takes
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.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
06/00/11
07/00/11
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FR Cite
Regulatory Flexibility Analysis
Required: Yes.
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, E-mail:
walter.schlueter@uspto.gov.
RIN: 0651–AC44
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
123. Interim Increase on Patent Fees for
Fiscal Year 2011
Legal Authority: Pub. L. 110–137; Pub.
L. 110–149; Pub. L. 110–161; Pub. L.
110–5; Pub. L. 110–92; 35 U.S.C. 376; 35
U.S.C. 132(b); 35 U.S.C. 120; 35 U.S.C.
119; 35 U.S.C. 41; Pub. L. 109–383; Pub.
L. 110–116
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wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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
patent inventory and pendency, and
invest in information technology.
Timetable:
VerDate Mar<15>2010
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Action
Date
Final Action .........
FR Cite
06/00/11
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Walter Schlueter,
Budget Analyst—Fees and Forecasting,
Department of Commerce, Patent and
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Trademark Office, P.O. Box 1450,
Alexandria, VA 22313, Phone: 571 272–
6299, Fax: 571 273–6299, E-mail:
walter.schlueter@uspto.gov.
RIN: 0651–AC42
[FR Doc. 2011–15475 Filed 7–6–11; 8:45 am]
BILLING CODE 3510–12–P
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Department of Defense
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40012-40037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15475]
[[Page 40011]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 76 , No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 40012]]
-----------------------------------------------------------------------
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
Semiannual Agenda of Regulations
AGENCY: Office of the Secretary, Commerce.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: In compliance with Executive Order 12866, entitled
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act,
as amended, the Department of Commerce (Department), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to prerulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the fall 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 spring 2011 regulatory agenda includes regulatory
activities that are expected to be conducted during the period April 1,
2011, through March 31, 2012.
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: Executive Order 12866 requires agencies to
publish an agenda of those regulations that are under consideration
pursuant to this order. By memorandum of January 21, 2011, the Office
of Management and Budget issued guidelines and procedures for the
preparation and publication of the spring 2011 Unified Agenda of
Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., requires agencies to publish, in the spring
and fall of each year, a regulatory flexibility agenda that contains a
brief description of the subject of any rule likely to have a
significant economic impact on a substantial number of small entities.
The agenda also identifies those entries that have been selected for
periodic review under section 610 of the Regulatory Flexibility Act.
In addition, beginning with the fall 2007 edition, the Internet
became the basic means for disseminating the Unified Agenda. The
complete Unified Agenda will be available online at www.reginfo.gov, in
a format that offers users a greatly enhanced ability to obtain
information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), the Department of Commerce's printed agenda entries
include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the Internet. In addition, for fall
editions of the Agenda, the entire Regulatory Plan will continue to be
printed in the Federal Register, as in past years, including the
Department of Commerce's Regulatory Plan.
Within the Department, the Office of the Secretary and various
operating units may issue regulations. Operating units, such as the
National Oceanic and Atmospheric Administration (NOAA), the Bureau of
Industry and Security, and the Patent and Trademark Office issue the
greatest share of the Department's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of the NMFS programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone (EEZ). The EEZ refers to those
waters from the outer edge of the State boundaries, generally 3
nautical miles, to a distance of 200 nautical miles. Fishery Management
Plans (FMPs) are to be prepared for fisheries that require conservation
and management measures. Regulations implementing these FMPs regulate
domestic fishing and foreign fishing where permitted. Foreign fishing
may be conducted in a fishery in which there is no FMP only if a
preliminary fishery management plan has been issued to govern that
foreign fishing. Under the Act, eight Regional Fishery Management
Councils (Councils) prepare FMPs or amendments to FMPs for fisheries
within their respective areas. In the development of such plans or
amendments and their implementing regulations, the Councils are
required by law to conduct public hearings on the draft plans and to
consider the use of alternative means of regulating.
The Council process for developing FMPs and amendments makes it
difficult for NMFS to determine the significance and timing of some
regulatory actions under consideration by the Councils at the time the
semiannual regulatory agenda is published.
The Department's spring 2011 regulatory agenda follows.
Cameron F. Kerry,
General Counsel.
[[Page 40013]]
International Trade Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
39........................ Commercial Availability of 0625-AA59
Fabric and Yarn.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
40........................ American Lobster Fishery; 0648-AT31
Fishing Effort Control
Measures To Complement
Interstate Lobster
Management
Recommendations by the
Atlantic States Marine
Fisheries Commission.
41........................ Collection and Use of Tax 0648-AV76
Identification Numbers
from Holders of and
Applicants for National
Marine Fisheries Service
Permits.
42........................ Marine Mammal Protection 0648-AW22
Act Stranding Regulation
Revisions.
43........................ Regulatory Amendment To 0648-AW95
Correct and Clarify
Amendment 13 and
Subsequent Frameworks of
the Northeast
Multispecies Fishery
Management Plan.
44........................ Amendment 11 to the 0648-AX05
Atlantic Mackerel, Squid,
Butterfish Fishery
Management Plan.
45........................ Amendment 30 to the 0648-AX47
Fishery Management Plan
for Bering Sea and
Aleutian Islands King and
Tanner Crabs Arbitration
Regulations.
46........................ Fisheries Off West Coast 0648-AY06
States and in the Western
Pacific; Klamath River
Fall Chinook Salmon
Rebuilding Plan.
47........................ Amendment 3 to the Spiny 0648-AY12
Dogfish Fishery
Management Plan.
48........................ Generic Amendment for 0648-AY22
Annual Catch Limits.
49........................ Amendment 14 to the 0648-AY26
Atlantic Mackerel, Squid,
and Butterfish Fishery
Management Plan.
50........................ Fisheries in the Western 0648-AY36
Pacific; Pelagic
Fisheries; Purse Seine
Fishing With Fish
Aggregation Devices.
51........................ Amendment 5 to the 0648-AY47
Atlantic Herring Fishery
Management Plan.
52........................ Amendment 2 to the FMP for 0648-AY55
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.
53........................ Amendment 10 to the 0648-AY72
Fishery Management Plan
for Spiny Lobster in the
Gulf of Mexico and South
Atlantic.
54........................ Comprehensive Annual Catch 0648-AY73
Limits Amendment to the
Fishery Management Plan
for the Snapper Grouper
Fishery of the South
Atlantic Region.
55........................ Amendment 20 to the 0648-AY74
Snapper Grouper Fishery
Management Plan of the
South Atlantic Region.
56........................ Amendment To Recover the 0648-AY81
Administrative Costs of
Processing Permit
Applications.
57........................ Amendment To Correct and 0648-AY95
Clarify Amendment 16 and
Subsequent Frameworks of
the Northeast
Multispecies Fisheries
Management Plan.
58........................ Fishing Capacity Reduction 0648-BA13
Program for the Southeast
Alaska Purse Seine Salmon
Fishery.
59........................ Amendment 3 to the 0648-BA22
Atlantic Deep-Sea Red
Crab Fishery Management
Plan.
60........................ Framework Adjustment 7 to 0648-BA46
the Monkfish Fishery
Management Plan.
61........................ Amendment 6 to the 0648-BA50
Monkfish Fishery
Management Plan.
62........................ Amendment 24 to the 0648-BA52
Fishery Management Plan
for the Snapper Grouper
Fishery of the South
Atlantic Region.
63........................ Amendment 22 to the 0648-BA53
Fishery Management Plan
for the Snapper Grouper
Fishery of the South
Atlantic Region.
64........................ Amendment 5 to the Golden 0648-BA60
Crab Fishery Management
Plan of the South
Atlantic.
65........................ Atlantic Highly Migratory 0648-BA64
Species; Electronic
Mobile Transmitting Unit
Vessel Monitoring Systems.
66........................ Management Measures for 0648-BA66
Tuna Fisheries Operating
in the Eastern Pacific
Ocean.
67........................ Amendment 13 to the 0648-BA68
Coastal Pelagic Species
Fishery Management Plan.
68........................ Atlantic Highly Migratory 0648-BA69
Species; Implementing
International Convention
for the Conservation of
Atlantic Tunas
Recommendations on Sharks.
69........................ Amendment 15 to the 0648-BA71
Atlantic Sea Scallop
Fishery Management Plan.
70........................ Framework Adjustment 22 to 0648-BA72
the Scallop Fishery
Management Plan.
71........................ Atlantic Highly Migratory 0648-BA75
Species Electronic Dealer
Reporting Requirements.
72........................ Catch Reporting Regulatory 0648-BA79
Rulemaking for the
Atlantic Herring Fishery.
73........................ Bering Sea Chinook Salmon 0648-BA80
Economic Data Reporting
Program.
74........................ 2011 Summer Flounder, 0648-BA92
Scup, and Black Sea Bass
Recreational Management
Measures and Scup
Specification Increase
(Increased 2011 Total
Allowable Landings).
75........................ Potential Revisions to the 0648-AV04
Turtle Excluder Device
Requirements.
76........................ Marine Mammal Protection 0648-AV82
Act Permit Regulation
Revisions.
77........................ Reduce Sea Turtle Bycatch 0648-AY61
in Atlantic Trawl
Fisheries.
78........................ False Killer Whale Take 0648-BA30
Reduction Plan (Section
610 Review).
79........................ Amendment to Regulations 0648-BA34
Under the Bottlenose
Dolphin Take Reduction
Plan.
80........................ Revision of Hawaiian Monk 0648-BA81
Seal Critical Habitat.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
81........................ Amending Regulations for 0648-AV33
the Pacific Halibut,
Sablefish, and Pollock
Fisheries Conducted Under
the Western Alaska
Community Development
Quota (CDQ) Program.
[[Page 40014]]
82........................ Magnuson-Stevens Fishery 0648-AV53
Conservation and
Management
Reauthorization Act
(MSRA) Environmental
Review Procedure.
83........................ Amendment 4 to the 0648-AW75
Atlantic Herring Fishery
Management Plan.
84........................ Allowable Modifications to 0648-AW93
the Turtle Excluder
Device Requirements.
85........................ Revoke Inactive Quota 0648-AX91
Share and Annual
Individual Fishing Quota
from a Holder of Quota
Share Under the Pacific
Halibut and Sablefish
Fixed Gear Individual
Fishing Quota Program.
86........................ Amendment 3 to the Fishery 0648-AY03
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.
87........................ Addendum IV to the 0648-AY41
Weakfish Interstate
Management Plan--Bycatch
Trip Limit.
88........................ Fisheries Off West Coast 0648-BA01
States; Pacific Coast
Groundfish Fishery; 2011
to 2012 Biennial
Specifications and
Management Measures; FMP
Amendment 16-5 and FMP
Amendment 23.
89........................ Emergency Rule to Re-Open 0648-BA06
the Recreational Red
Snapper Season in the
Gulf of Mexico.
90........................ 2011 Atlantic Bluefish 0648-BA26
Specifications.
91........................ Framework Adjustment 45 to 0648-BA27
the Northeast
Multispecies Fishery
Management Plan.
92........................ Modification of 0648-BA45
Regulations Governing the
Retention of Incidentally-
Caught Highly Migratory
Species in Atlantic Trawl
Fisheries.
93........................ Implementation of a 0648-BA48
Recreational Seasonal
Closure for Greater
Amberjack; Regulatory
Framework Action to the
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico
(FMP).
94........................ Regulatory Amendment 10 to 0648-BA51
the Fishery Management
Plan for the Snapper
Grouper Fishery of the
South Atlantic Region.
95........................ Amendment to the Fishery 0648-BA54
Management Plan for the
Reef To Set Total
Allowable Catch for Red
Snapper.
96........................ Atlantic Highly Migratory 0648-BA65
Species; Atlantic Bluefin
Tuna Quotas and Atlantic
Tuna Fisheries Management
Measures.
97........................ Framework Adjustment 1 to 0648-BA91
the Northeast Skate
Complex FMP.
98........................ Protective Regulations for 0648-AV15
Killer Whales in the
Northwest Region Under
the Endangered Species
Act and Marine Mammal
Protection Act.
99........................ Revision of Critical 0648-AX06
Habitat Designation for
the Endangered
Leatherback Sea Turtle.
100....................... Critical Habitat 0648-AX50
Designation for Cook
Inlet Beluga Whale Under
the Endangered Species
Act.
101....................... Taking of Marine Mammals 0648-AX86
Incidental to Specified
Activities; Taking Marine
Mammals Incidental to
Training Operations
Conducted Within the Gulf
of Mexico Range Complex.
102....................... Endangered and Threatened 0648-BA38
Species, Designation of
Critical Habitat for
Southern Distinct
Population Segment of
Eulachon.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
103....................... Fishery Management Plan 0648-AS65
for Regulating Offshore
Marine Aquaculture in the
Gulf of Mexico.
104....................... Amendment 21 to the 0648-BA59
Snapper-Grouper Fishery
Management Plan of the
South Atlantic Region.
105....................... Permits for Capture, 0648-AH26
Transport, Import, and
Export of Protected
Species for Public
Display, and for
Maintaining a Captive
Marine Mammal Inventory.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
106....................... Maximize Retention and 0648-AR63
Monitoring Program in the
Shore-Based Pacific
Whiting Fishery.
107....................... Certification of Nations 0648-AV51
Whose Fishing Vessels Are
Engaged in IUU Fishing or
Bycatch of Protected
Living Marine Resources.
108....................... Revise Regulations 0648-AW24
Governing the North
Pacific Groundfish
Observer Program.
109....................... Regulatory Amendment to 0648-AY05
the Fishery Management
Plan for the Reef Fish
Fishery of Puerto Rico
Modifying the Bajo de
Sico Seasonal Closure.
110....................... Amendment 17A to the 0648-AY10
Fishery Management Plan
for the Snapper Grouper
Fishery of the South
Atlantic Region.
111....................... Amendment 17B to the 0648-AY11
Fishery Management Plan
for the Snapper Grouper
Fishery of the South
Atlantic Region.
112....................... Maximized Retention 0648-AY17
Monitoring Program for
Catcher Vessels in the
Pacific Whiting
Mothership Fishery in the
Pacific Coast Groundfish
Fishery.
113....................... Regulatory Amendment To 0648-AY38
Revise Charter Halibut
Logbook Submission
Requirements.
114....................... Vessel Capacity Limits in 0648-AY75
the Purse Seine Fishery
in the Eastern Pacific
Ocean.
115....................... 2011 Specifications for 0648-BA03
the Atlantic Mackerel,
Squid, and Butterfish
Fishery.
116....................... Regulatory Amendment to 0648-BA04
the Reef Fish Fishery
Management Plan To Set
Total Allowable Catch for
Red Grouper.
117....................... Pacific Halibut Fisheries; 0648-BA25
Catch Sharing Plan.
118....................... Bluefin Tuna Bycatch 0648-BA39
Reduction in the Gulf of
Mexico Pelagic Longline
Fishery.
119....................... Take and Import Marine 0648-AW59
Mammals: Proposed Rule
for Take of Marine
Mammals Incidental to
Routine Operations of 13
Power Generating Stations
in Central and Southern
California.
[[Page 40015]]
120....................... Taking and Importing 0648-AW80
Marine Mammals; U.S.
Naval Surface Warfare
Center Panama City
Division Mission
Activities.
------------------------------------------------------------------------
Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
121....................... Revision of USPTO Fees for 0651-AC43
Fiscal Year 2011.
122....................... Revision of USPTO Fees for 0651-AC44
Fiscal Year 2012.
------------------------------------------------------------------------
Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
123....................... Interim Increase on Patent 0651-AC42
Fees for Fiscal Year 2011.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Long-Term Actions
39. Commercial Availability of Fabric and Yarn
Legal Authority: Pub. L. 106-200, sec 112(b)(5)(B); Pub. L. 106-
200, sec 211; EO 13191; Pub. L. 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.
Agency Contact: Janet Heinzen, Phone: 202 482-4006, E-mail: janet_heinzen@ita.doc.gov.
RIN: 0625-AA59
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
40. American Lobster Fishery; Fishing Effort Control Measures To
Complement Interstate Lobster Management Recommendations by the
Atlantic States Marine Fisheries Commission
Legal Authority: 16 U.S.C. 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................................ 07/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AT31
[[Page 40016]]
41. Collection and use of Tax Identification Numbers From Holders of
and Applicants for National Marine Fisheries Service Permits
Legal Authority: 31 U.S.C. 7701; 16 U.S.C. 1801 et seq.; 16 U.S.C.
1361 et seq.; 16 U.S.C. 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 will specify: (a) The particular
uses that may be made of the reported TIN; (b) the effects, if any, of
not providing the required information; (c) how the information will be
used to ascertain if the permit holder or applicant owes delinquent
non-tax debt to the Government pursuant to the Debt Collection Act; (d)
the effects on the permit holder or applicant when such delinquent
debts are owed; and (e) the agency's intended communications with the
permit holder or applicant regarding the relationship of such
delinquent debts to its permitting process and the need to resolve such
debts as a basis for completing permit issuance or renewal. The rule
will amend existing agency permit regulations and contain all
appropriate modified and new collections-of-information pursuant to the
Paperwork Reduction Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/11
------------------------------------------------------------------------
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, E-mail:
alan.risenhoover@noaa.gov.
RIN: 0648-AV76
42. Marine Mammal Protection Act Stranding Regulation Revisions
Legal Authority: 16 U.S.C. 1379; 16 U.S.C. 1382; 16 U.S.C. 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................................ 12/00/11
------------------------------------------------------------------------
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, E-mail:
david.cottingham@noaa.gov.
RIN: 0648-AW22
43. Regulatory Amendment To Correct and Clarify Amendment 13 and
Subsequent Frameworks of the Northeast Multispecies Fishery Management
Plan
Legal Authority: 16 U.S.C. 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................................ 06/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov..
RIN: 0648-AW95
44. Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery
Management Plan
Legal Authority: 16 U.S.C. 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................................ 08/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AX05
45. Amendment 30 to the Fishery Management Plan for Bering Sea and
Aleutian Islands King and Tanner Crabs Arbitration Regulations
Legal Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 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
[[Page 40017]]
price and other disputes among harvesters and processors in the Bering
Sea/Aleutian Islands crab rationalization program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/11
Notice of Availability.............. 06/00/11
Final Rule.......................... 07/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert D Mecum, Deputy Acting Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 W. 9th Street, Room 420, Juneau, AK 99802, Phone:
907 586-7221, Fax: 907 586-7249, E-mail: robert.mecum@noaa.gov.
RIN: 0648-AX47
46. Fisheries Off West Coast States and in the Western Pacific; Klamath
River Fall Chinook Salmon Rebuilding Plan
Legal Authority: 16 U.S.C. 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 3-year period from 2004 to 2006.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/11
NPRM Comment Period End............. 12/00/11
------------------------------------------------------------------------
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, E-mail:
alan.risenhoover@noaa.gov.
RIN: 0648-AY06
47. Amendment 3 to the Spiny Dogfish Fishery Management Plan
Legal Authority: 16 U.S.C. 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.................... 08/05/09 74 FR 39063
Notice of Intent Comment Period End. 09/04/09
Notice of Intent To Prepare an 05/13/10 75 FR 26920
Environmental Impact Statement.
NPRM................................ 06/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AY12
48. Generic Amendment for Annual Catch Limits
Legal Authority: 16 U.S.C. 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................................ 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E Crabtree, Southeast Regional Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, Saint Petersburg, FL 33701,
Phone: 727 824-5305, Fax: 727 824-5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648-AY22
49. Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan
Legal Authority: 16 U.S.C. 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................................ 09/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AY26
50. Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine
Fishing With Fish Aggregation Devices
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Western Pacific Council is amending the Pelagics
Fishery 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................................ 10/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Sustainable Fisheries, Department of
[[Page 40018]]
Commerce, National Oceanic and Atmospheric Administration, 1601
Kapiolani Boulevard, Honolulu, HI 96814, Phone: 808 944-2207, Fax: 808
973-2941, E-mail: alvin.katekaru@noaa.gov.
RIN: 0648-AY36
51. Amendment 5 to the Atlantic Herring Fishery Management Plan
Legal Authority: 16 U.S.C. 1801
Abstract: Amendment 5 to the Atlantic Herring Fishery Management
Plan will consider: catch monitoring programs; 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................................ 09/00/11
------------------------------------------------------------------------
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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AY47
52. 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 U.S.C. 1801
Abstract: The Magnuson-Stevens Fishery Conservation and Management
Act (MSRA: Pub. L. 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................................ 06/00/11
NPRM Comment Period End............. 08/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E Crabtree, Southeast Regional Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, Saint Petersburg, FL 33701,
Phone: 727 824-5305, Fax: 727 824-5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648-AY55
53. Amendment 10 to the Fishery Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
Legal Authority: 16 U.S.C. 1801
Abstract: The 2006 Reauthorization of the Magnuson-Stevens Fishery
Conservation and Management Act (MSFCMA) 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.................... 03/12/10 75 FR 11843
Notice of Intent Comment Period End. 04/12/10
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 Avenue South, Saint Petersburg, FL 33701,
Phone: 727 824-5305, Fax: 727 824-5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648-AY72
54. Comprehensive Annual Catch Limits Amendment to the Fishery
Management Plan for the Snapper Grouper Fishery of the South Atlantic
Region
Legal Authority: 16 U.S.C. 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; 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 management
measures to limit total mortality to the ACL.
Timetable:
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Action Date FR Cite
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NPRM................................ 11/00/11
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E Crabtree, Southeast Regional Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, Saint Petersburg, FL 33701,
Phone: 727 824-5305, Fax: 727 824-5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648-AY73
55. Amendment 20 to the Snapper Grouper Fishery Management Plan of the
South Atlantic Region
Legal Authority: 16 U.S.C. 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:
[[Page 40019]]
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Action Date FR Cite
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NPRM................................ 11/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E Crabtree, Southeast Regional Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, Saint Petersburg, FL 33701,
Phone: 727 824-5305, Fax: 727 824-5308, E-mail: roy.crabtree@noaa.gov.
RIN: 0648-AY74
56. Amendment to Recover the Administrative Costs of Processing Permit
Applications
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 1853; 16 U.S.C.
1854; 16 U.S.C. 3631 et seq.; 16 U.S.C. 773 et seq.; Pub. L. 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:
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Action Date FR Cite
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NPRM................................ 09/00/11 .......................
Final Rule.......................... 11/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Robert D Mecum, Deputy Acting Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 W. 9th Street, Room 420, Juneau, AK 99802, Phone:
907 586-7221, Fax: 907 586-7249, E-mail: robert.mecum@noaa.gov.
RIN: 0648-AY81
57. Amendment to Correct and Clarify Amendment 16 and Subsequent
Frameworks of the Northeast Multispecies Fisheries Management Plan
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action corrects and clarifies 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:
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Action Date FR Cite
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NPRM................................ 06/00/11 .......................
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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, E-mail:
pat.kurkul@noaa.gov.
RIN: 0648-AY95
58. Fishing Capacity Reduction Program for the Southeast Alaska Purse
Seine Salmon Fishery
Legal Authority: 16 U.S.C. 1801 et seq.; 46 U.S.C. 53701 et seq.;
Pub. L. 108-447; Pub. L. 109-447; Pub. L. 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.
Timetable:
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Action Date FR Cite
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NPRM........................