Plan for Periodic Review of Regulations, 37186-37198 [2013-14759]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37186-37198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapters II, III, IV, V, and VI

RIN 0648-XC637


Plan for Periodic Review of Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Regulatory Flexibility Act (RFA) requires that the 
National Marine Fisheries Service (NMFS) periodically review existing 
regulations that have a significant economic impact on a substantial 
number of small entities, such as small businesses, small 
organizations, and small governmental jurisdictions. This plan 
describes how NMFS will perform this review and describes the 
regulations that are being proposed for review during the current 
review-cycle.

DATES: Written comments must be received by NMFS by July 22, 2013.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2012-0160, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0160, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Wendy Morrison, National 
Marine Fisheries Service, NOAA, Office of Sustainable Fisheries, 1315 
East-West Highway, Silver Spring, MD 20910 (mark outside of envelope 
``Comments on 610 review'').
     Fax: 301-713-1193; Attn: Wendy Morrison.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information

[[Page 37187]]

(e.g., name, address, etc.) submitted voluntarily by the sender will be 
publicly accessible. Do not submit confidential business information, 
or otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous). Attachments to electronic comments will be accepted 
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats 
only.

FOR FURTHER INFORMATION CONTACT: Wendy Morrison, (301) 427-8504.

SUPPLEMENTARY INFORMATION:

Background

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires that 
Federal agencies take into account how their regulations affect ``small 
entities,'' including small businesses, small Governmental 
jurisdictions and small organizations. For regulations proposed after 
January 1, 1981, the agency must either prepare a Regulatory 
Flexibility Analysis or certify that the regulation, if promulgated, 
will not have a significant economic impact on a substantial number of 
small entities. Section 602 requires that NMFS issue an Agenda of 
Regulations identifying rules the Agency is developing that are likely 
to have a significant economic impact on a substantial number of small 
entities.
    Section 610 of the RFA requires Federal agencies to review existing 
regulations. It requires that NMFS publish a plan in the Federal 
Register explaining how it will review its existing regulations which 
have or will have a significant economic impact on a substantial number 
of small entities. Regulations that become effective after January 1, 
1981, must be reviewed within 10 years of the publication date of the 
final rule. Section 610(c) requires that NMFS publish annually in the 
Federal Register a list of rules it will review during the succeeding 
12 months. The list must describe the rule, explain the need for it, 
give the legal basis for it, and invite public comment.

Criteria for Review of Existing Regulations

    The purpose of the review is to determine whether existing rules 
should be left unchanged, or whether they should be revised or 
rescinded in order to minimize significant economic impacts on a 
substantial number of small entities, consistent with the objectives of 
other applicable statutes. In deciding whether change is necessary, the 
RFA establishes five factors that NMFS will consider:
    (1) Whether the rule is still needed;
    (2) What type of complaints or comments were received concerning 
the rule from the public;
    (3) The complexity of the rule;
    (4) How much the rule overlaps, duplicates or conflicts with other 
Federal rules, and, to the extent feasible, with State and local 
governmental rules; and
    (5) How long it has been since the rule has been evaluated or how 
much the technology, economic conditions, or other factors have changed 
in the area affected by the rule.

Plan for Periodic Review of Rules

    NMFS will conduct reviews in such a way as to ensure that all rules 
for which a Final Regulatory Flexibility Analysis was prepared are 
reviewed within 10 years of the year in which they were originally 
issued. By December 31, 2013, NMFS will review all such rules issued 
during 2005 and 2006:
    1. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources. 
RIN 0648-AS47 (70 FR 10174, March 2, 2005). NMFS issued a final rule 
implementing Amendments 18 and 19 to the FMP for Bering Sea/Aleutian 
Islands King and Tanner Crabs. Amendments 18 and 19 amended the FMP to 
include the Voluntary Three-Pie Cooperative Program (hereinafter 
referred to as the Crab Rationalization Program). Congress amended the 
Magnuson-Stevens Act to require the Secretary of Commerce to approve 
and implement the Program. The action was necessary to increase 
resource conservation, improve economic efficiency, and improve safety. 
This action was intended to promote the goals and objectives of the 
Magnuson-Stevens Act, the FMP, and other applicable law.
    2. Fisheries of the Exclusive Economic Zone Off Alaska; Revisions 
to Western Alaska Community Development Quota Program. RIN 0648-AS00 
(70 FR 15010, March 24, 2005). NMFS issued a final rule to revise 
regulations governing the Western Alaska Community Development Quota 
Program. These regulatory amendments simplified the processes for 
making quota transfers, for authorizing vessels as eligible to 
participate in the Community Development Quota fisheries, and for 
obtaining approval of alternative fishing plans. This action was 
necessary to improve NMFS's ability to effectively administer the 
Community Development Quota Program. It was intended to further the 
goals and objectives of the FMP for Groundfish of the Bering Sea and 
Aleutian Islands Management Area.
    3. Pacific Halibut Fisheries; Subsistence Fishing. RIN 0648-AR88 
(70 FR 16742, April 1, 2005). NMFS issued a final rule to amend the 
subsistence fishery rules for Pacific halibut in waters off Alaska. 
This action was necessary to address subsistence halibut management 
concerns in densely populated areas. This action was intended to meet 
the conservation and management requirements of the Northern Pacific 
Halibut Act of 1982 and the Magnuson-Stevens Act.
    4. Fisheries of the Exclusive Economic Zone Off Alaska; License 
Limitation Program for the Scallop Fishery. RIN 0648-AS90 (70 FR 39664, 
July 11, 2005). NMFS issued a final rule to implement Amendment 10 to 
the FMP for the Scallop Fishery off Alaska, which modified the gear 
endorsements under the License Limitation Program for the scallop 
fishery. This action was necessary to allow increased participation by 
License Limitation Program license holders in the scallop fisheries off 
Alaska. This action was intended to promote the goals and objectives of 
the Magnuson-Stevens Act, the FMP, and other applicable laws.
    5. Pacific Halibut Fisheries; Fisheries of the Exclusive Economic 
Zone Off Alaska; Individual Fishing Quota Program; Community 
Development Quota Program. RIN 0648-AT03 (70 FR 43328, July 27, 2005). 
NMFS issued a final rule to amend the Pacific halibut regulations for 
waters in and off Alaska. This action was necessary to modify the 
Individual Fishing Quota (IFQ) Program and the Western Alaska Community 
Development Quota (CDQ) Program to allow quota share holders in 
International Pacific Halibut Commission Regulatory Area 4C to fish 
their Area 4C IFQ or CDQ in Area 4D. This action was intended to 
enhance harvesting opportunities for halibut by IFQ and CDQ fishermen 
and was necessary to promote the objectives of the Northern Pacific 
Halibut Act of 1982 with respect to the IFQ and CDQ Pacific halibut 
fisheries, consistent with the regulations and resource management 
objectives of the International Pacific Halibut Commission and the 
North Pacific Fishery Management Council.
    6. Magnuson-Stevens Act Provisions; Fishing Capacity Reduction 
Program; Bering Sea/Aleutian Islands King and Tanner Crabs; Industry 
Fee System for Fishing Capacity Reduction Loan. RIN 0648-AS46 (70 FR 
54652, September 16, 2005). NMFS established regulations to implement 
an industry fee system for repaying a $97,399,357.11 Federal loan 
financing a fishing capacity reduction

[[Page 37188]]

program in the Bering Sea/Aleutian Islands King and Tanner Crab 
fishery. This action was necessary for implementing the fee system.
    7. Fisheries of the Exclusive Economic Zone Off Alaska; Total 
Allowable Catch Amount for ``Other Species'' in the Groundfish 
Fisheries of the Gulf of Alaska. RIN 0648-AT92 (71 FR 12626, March 13, 
2006). NMFS issued a final rule that implements Amendment 69 to the FMP 
for Groundfish of the Gulf of Alaska. Amendment 69 amended the manner 
in which the total allowable catch for the ``other species'' complex 
was annually determined in the Gulf of Alaska. The amendment allowed 
the total allowable catch amount for the ``other species'' complex to 
be set less than or equal to 5 percent of the sum of groundfish targets 
species in the Gulf of Alaska. This final rule also raised the maximum 
retainable amount of ``other species'' in the directed arrowtooth 
flounder fishery from 0 percent to 20 percent. This action was 
necessary to reduce the potential for overfishing those species in the 
``other species'' complex in the Gulf of Alaska and to reduce the 
amount of ``other species'' required to be discarded in the arrowtooth 
flounder fishery. This action was intended to promote the goals and 
objectives of the Magnuson-Stevens Act, the FMP, and other applicable 
laws.
    8. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Retention Standard. RIN 0648-AT04 (71 FR 17362, April 6, 2006). NMFS 
issued a final rule to implement a groundfish retention standard 
program in the Bering Sea and Aleutian Islands Management Area for 
trawl catcher/processor vessels that are 125 ft (38.1 m) length overall 
or greater and that are not listed American Fisheries Act catcher/
processors vessels. This action was necessary to reduce bycatch and 
improve utilization of groundfish harvested by these non-American 
Fisheries Act trawl catcher/processor vessels. This action was intended 
to promote the management objectives of the Improved Retention/Improved 
Utilization program, the FMP for Groundfish of the Bering Sea and 
Aleutian Islands Management Area, and the Magnuson-Stevens Act.
    9. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Observer Program. RIN 0648-AS93 (71 FR 20346, April 20, 2006). NMFS 
issued a final rule to amend regulations supporting the North Pacific 
Groundfish Observer Program. This action was necessary to revise 
requirements facilitating observer data transmission, improve support 
for observers, and provide consistency with current regulations. The 
final rule promoted the goals and objectives of the FMP for Groundfish 
of the Bering Sea and Aleutian Islands Management Area and the FMP for 
Groundfish of the Gulf of Alaska.
    10. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources. 
RIN 0648-AU06 (71 FR 32862, June 7, 2006). NMFS issued a final rule 
implementing Amendment 20 to the FMP for Bering Sea/Aleutian Islands 
King and Tanner crabs. This action amends the Crab Rationalization 
Program to modify the allocation of harvesting shares and processing 
shares for Bering Sea Tanner crab (Chionoecetes bairdi) to allow this 
species to be managed as two separate stocks. This action was necessary 
to increase resource conservation and economic efficiency in the crab 
fisheries that were subject to the Program. This action was intended to 
promote the goals and objectives of the Magnuson-Stevens Act, the FMP, 
and other applicable law.
    11. Fisheries of the Exclusive Economic Zone Off Alaska; 
Recordkeeping and Reporting; Tagged Pacific Halibut and Tagged 
Sablefish. RIN 0648-AR09 (71 FR 36489, June 27, 2006). NMFS issued a 
final rule to exclude tagged halibut and tagged sablefish catches from 
deduction from fishermen's Individual Fishing Quota (IFQ) and from 
Western Alaska Community Development Quota (CDQ) accounts. This action 
was necessary to ensure that only halibut and sablefish that are tagged 
with an external research tag are excluded from IFQ deduction, and to 
extend the same exclusion to halibut and sablefish harvested under the 
CDQ Program. This action was intended to improve administration of the 
IFQ and CDQ Programs, to enhance collection of scientific data from 
external tags, and to further the goals and objectives of the FMP for 
Groundfish of the Bering Sea and Aleutian Islands Management Area, the 
FMP for Groundfish of the Gulf of Alaska, and the halibut management 
program.
    12. Fisheries of the Exclusive Economic Zone Off Alaska; 
Groundfish, Crab, Salmon, and Scallop Fisheries of the Bering Sea and 
Aleutian Islands Management Area and Gulf of Alaska. RIN 0648-AT09 (71 
FR 36694, June 28, 2006). NMFS issued a final rule implementing 
Amendments 78 and 65 to the FMP for Groundfish of the Bering Sea and 
Aleutian Islands Management Area, Amendments 73 and 65 to the FMP for 
Groundfish of the Gulf of Alaska, Amendments 16 and 12 to the FMP for 
Bering Sea/Aleutian Islands King and Tanner Crabs, Amendments 7 and 9 
to the FMP for the Scallop Fishery off Alaska, and Amendments 7 and 8 
to the FMP for Salmon Fisheries in the Exclusive Economic Zone off the 
Coast of Alaska. These amendments revised the FMPs by identifying and 
describing essential fish habitat, designating habitat areas of 
particular concern, and included measures to minimize to the extent 
practicable adverse effects on essential fish habitat. This action was 
necessary to protect important habitat features to sustain managed fish 
stocks.
    13. Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands King and Tanner Crab Fishery Resources; Crab 
Economic Data Reports. RIN 0648-AU44 (71 FR 38112, July 5, 2006). NMFS 
issued a final rule to implement revision of the annual economic data 
reports submission deadline from May 1 to June 28. This action was 
necessary to provide adequate time for crab harvesters and processors 
participating in the Bering Sea and Aleutian Islands Crab 
Rationalization Program to submit accurate and complete data on an 
economic data report for the previous fishing year. This action was 
intended to promote the goals and objectives of the Magnuson-Stevens 
Act.
    14. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources. 
RIN 0648-AU24 (71 FR 38298, July 6, 2006). NMFS issued a final rule 
implementing changes to the regulations for the Crab Rationalization 
Program. This action was necessary to correct two discrepancies in the 
scope of the sideboard protections for Gulf of Alaska groundfish 
fisheries provided in a previous rulemaking. Specifically, this action 
removed the sideboard restrictions from vessels that did not generate 
Bering Sea snow crab (Chionoecetes opilio) quota share and applied the 
sideboards to federally permitted vessels operating in the State of 
Alaska parallel fisheries. This action was intended to promote the 
goals and objectives of the FMP for Bering Sea/Aleutian Islands King 
and Tanner Crabs, the Magnuson-Stevens Act, and other applicable law.
    15. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources. 
RIN 0648-AU37 (71 FR 40030, July 14, 2006). NMFS issued a final rule to 
implement Amendment 21 to the FMP for Bering Sea/Aleutian Islands King 
and Tanner Crabs. This action made

[[Page 37189]]

changes to the arbitration system in the Bering Sea and Aleutian 
Islands Crab Rationalization Program by modifying the timing for 
harvesters and processors to match harvesting and processing shares, 
and the timing for initiating arbitration proceedings to resolve price 
and other delivery disputes. This action was necessary to increase 
resource conservation and economic efficiency in the crab fisheries 
that are subject to the Crab Rationalization Program. This action was 
intended to promote the goals and objectives of the Magnuson-Stevens 
Act, the FMP, and other applicable law.
    16. Fishing Capacity Reduction Program for the Longline Catcher 
Processor Subsector of the Bering Sea and Aleutian Islands Non-pollock 
Groundfish Fishery. RIN 0648-AU42 (71 FR 57696, September 29, 2006). 
NMFS issued a final rule implementing the Bering Sea and Aleutian 
Islands Catcher Processor Capacity Reduction Program for the longline 
catcher processor subsector of the Bering Sea and Aleutian Islands non-
pollock groundfish fishery, in compliance with the FY 2005 
Appropriations Act. This program was voluntary and permit holders of 
the Reduction Fishery (Subsector Members) were eligible to participate. 
Subsector Members were required to sign and abide by the Capacity 
Reduction Agreement and, if their offers were selected, a Fishing 
Capacity Reduction Contract with the U.S. Government. These key 
components of the Capacity Reduction Plan were prepared by the Freezer 
Longline Conservation Cooperative and were implemented by the final 
regulations. Subsector Members participating in the Reduction Program 
received up to $36 million in exchange for relinquishing valid non-
interim Federal License Limitation Program BSAI groundfish licenses 
endorsed for catcher processor fishing activity, Catcher/Processor, 
Pacific cod, and hook and line gear, as well as any present or future 
claims of eligibility for any fishing privilege based on such permit 
and additionally, any future fishing privilege of the vessel named on 
the permit. Individual fishing quota shares were excluded from 
relinquishment. The intent of this final rule was to permanently reduce 
harvesting capacity in the fishery, which should result in increased 
harvesting productivity for postreduction Subsector Members and help 
with conservation and management of the fishery.
    17. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Gulf of Alaska Fishery Resources. RIN 0648-AT71 (71 FR 67210, November 
20, 2006). NMFS issued a final rule to implement Amendment 68 to the 
FMP for Groundfish of the Gulf of Alaska. This action implemented 
statutory provisions for the Central Gulf of Alaska Rockfish Pilot 
Program. This action was necessary to enhance resource conservation and 
improve economic efficiency for harvesters and processors who 
participate in the Central Gulf of Alaska rockfish fishery. This action 
was intended to promote the goals and objectives of the Magnuson-
Stevens Act, the FMP, and other applicable law.
    18. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota 
Specifications, General Category Effort Controls, and Catch-and-Release 
Provision. RIN 0648-AR86 (70 FR 10896, March 7, 2005). NMFS announced 
the final initial 2004 fishing year specifications for the Atlantic 
bluefin tuna fishery to set bluefin tuna quotas for each of the 
established domestic fishing categories, to set General category effort 
controls, and to establish a catch-and-release provision for 
recreational and commercial bluefin tuna handgear vessels during a 
respective quota category closure. This action was necessary to 
implement recommendations of the International Commission for the 
Conservation of Atlantic Tunas, as required by the Atlantic Tunas 
Convention Act, and to achieve domestic management objectives under the 
Magnuson-Stevens Act.
    19. Atlantic Highly Migratory Species; Recreational Atlantic Blue 
and White Marlin Landings Limit; Amendments to the FMP for Atlantic 
Tunas, Swordfish, and Sharks and the FMP for Atlantic Billfish. RIN 
0648-AQ65 (71 FR 58058, October 2, 2006). NMFS finalized the 
Consolidated Highly Migratory Species FMP, which changed certain 
management measures, adjusted regulatory framework measures, and 
continued the process for updating Highly Migratory Species essential 
fish habitat. The final rule: Established mandatory workshops for 
commercial fishermen and shark dealers; implemented complementary time/
area closures in the Gulf of Mexico; implemented criteria for adding 
new or modifying existing time/area closures; addressed rebuilding and 
overfishing of northern albacore tuna and finetooth sharks; implemented 
recreational management measures for Atlantic billfish; modified 
bluefin tuna General Category subperiod quotas and simplified the 
management process of bluefin tuna; changed the fishing year for tunas, 
swordfish, and billfish to a calendar year; authorized speargun fishing 
gear in the recreational fishery for bigeye, albacore, yellowfin, and 
skipjack tunas; authorized buoy gear in the commercial swordfish 
handgear fishery; clarified the allowance of secondary gears (also 
known as cockpit gears); and clarified existing regulations. This final 
rule also announced the decision regarding a petition for rulemaking 
regarding closure areas for spawning bluefin tuna in the Gulf of 
Mexico. The Consolidated Highly Migratory Species FMP combines the 
management of all Atlantic HMS into one FMP, and combines and 
simplifies the objectives of the previous FMPs.
    20. Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder 
Specifications; 2005 Scup and Black Sea Bass Specifications. RIN 0648-
AR51 (70 FR 303, January 4, 2005). NMFS issued final specifications for 
the 2005 and 2006 summer flounder fisheries and for the 2005 scup and 
black sea bass fisheries, and made preliminary adjustments to the 2005 
commercial quotas for these fisheries. This final rule specified 
allowed harvest limits for both commercial and recreational fisheries, 
including scup possession limits. This action prohibited federally 
permitted commercial vessels from landing summer flounder in Delaware 
in 2005. Regulations governing the summer flounder fishery required 
publication of this notification to advise the State of Delaware, 
Federal vessel permit holders, and Federal dealer permit holders that 
no commercial quota was available for landing summer flounder in 
Delaware in 2005. This action also made changes to the regulations 
regarding the commercial scup fishery. The intent of this action was to 
establish allowed 2005 harvest levels and other measures to attain the 
target fishing mortality or exploitation rates, as specified for these 
species in the Summer Flounder, Scup, and Black Sea Bass FMP, and to 
reduce bycatch and improve the efficiency of the commercial scup 
fishery.
    21. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery and Northeast Multispecies Fishery; Framework 16 and 
Framework 39. RIN 0648-AR55 (70 FR 2821, January 18, 2005). NMFS 
published this final rule to implement measures previously approved, 
but not implemented under Framework 16 to the Atlantic Sea Scallop FMP 
and Framework 39 to the Northeast Multispecies FMP. The implementation 
of these measures was delayed, pending approval of reporting and 
recordkeeping requirements by the Office of Management and Budget. This 
final rule

[[Page 37190]]

allowed general category scallop vessels to fish in the Northeast 
multispecies closed area access program, provided that they complied 
with new recordkeeping and reporting requirements. The Office of 
Management and Budget approved the reporting and recordkeeping 
requirements for vessels with general category scallop permits, as 
required under the Paperwork Reduction Act. The intent of these 
frameworks was to allow the scallop fishery to access the scallop 
resource within portions of the NE multispecies closed areas during 
specified seasons, and ensure that NE multispecies catches by scallop 
vessels are consistent with the Multispecies FMP.
    22. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Amendment 2. RIN 0648-AQ25 (70 FR 21927, April 28, 2005). NMFS 
implemented approved measures contained in Amendment 2 to the Monkfish 
FMP. Amendment 2 was developed to address essential fish habitat and 
bycatch issues, and to revise the FMP to address several issues raised 
during the public scoping process. This rule implemented the following 
measures: A new limited access permit for qualified vessels fishing 
south of 38[deg]20' N. lat.; an offshore monkfish fishery in the 
Southern Fishery Management Area; a maximum roller-gear disc diameter 
of 6 inches (15.2 cm) for trawl gear vessels fishing in the Southern 
Fishery Management Area; closure of two deep-sea canyon areas to all 
gears when fishing under the monkfish days-at-sea program; 
establishment of a research days-at-sea set-aside program and a days-
at-sea exemption program; a North Atlantic Fisheries Organization 
Regulated Area Exemption Program; adjustments to the monkfish 
incidental catch limits; a decrease in the monkfish minimum size in the 
Southern Fishery Management Area; removal of the 20-day block 
requirement; and new additions to the list of actions that can be taken 
under the framework adjustment process contained in the FMP. The intent 
of this action was to provide efficient management of the monkfish 
fishery and to meet conservation objectives. Also, NMFS informed the 
public of the approval by the Office of Management and Budget of the 
collection-of-information requirements contained in this final rule and 
publishes the Office of Management and Budget control numbers for these 
collections.
    23. Fisheries of the Northeastern United States; Recordkeeping and 
Reporting Requirements; Regulatory Amendment to Modify Seafood Dealer 
Reporting Requirements. RIN 0648-AS87 (70 FR 21976, April 28, 2005). 
NMFS issued this final rule to amend the electronic reporting and 
recordkeeping regulations for federally permitted seafood dealers 
participating in the fisheries associated with the following FMPs: 
Summer flounder, scup, black sea bass, Atlantic sea scallop, Northeast 
multispecies, monkfish, Atlantic mackerel, squid, butterfish, Atlantic 
surfclam, ocean quahog, Atlantic herring, Atlantic deep-sea red crab, 
tilefish, Atlantic bluefish, skate, and/or spiny dogfish fisheries. 
This action reduced the submission schedule for dealer reports from 
daily to weekly, eliminated duplicate reporting of certain species, and 
clarified existing reporting requirements. This action also allowed 
vessel operator permits issued by the Southeast Region to satisfy 
Northeast vessel operator permitting requirements. The purpose of this 
action was to reduce the reporting burden on seafood dealers, improve 
data quality, simplify compliance, and clarify existing requirements.
    24. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 40B. RIN 0648-AS33 (70 FR 
31323, June 1, 2005). Framework Adjustment 40B was developed by the New 
England Fishery Management Council to complete necessary modifications 
to existing effort control programs implemented under Amendment 13 to 
the Northeast Multispecies FMP. The intent of the rule was to improve 
the effectiveness of these programs, to create additional opportunities 
for commercial fishing vessels in the fishery to target healthy 
groundfish stocks, and to increase the information available to assess 
groundfish bycatch in the herring fishery. This final rule implemented 
several revisions to the Days-at-Sea Leasing and Transfer Programs, 
modified provisions for the Closed Area II Yellowtail Flounder Special 
Access Program, revised the allocation criteria for the Georges Bank 
Cod Hook Sector, established a Days-at-Sea credit for vessels standing 
by an entangled whale, implemented new notification requirements for 
Category 1 herring vessels, and removed the net limit for Trip gillnet 
vessels.
    25. Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; Framework Adjustment 1 to the Atlantic Deep-Sea Red 
Crab FMP. RIN 0648-AS35 (70 FR 44066, August 1, 2005). NMFS issued 
final regulations to implement Framework Adjustment 1 to the Atlantic 
Deep-Sea Red Crab FMP. This final rule modified the existing annual 
review and specification process by allowing specifications to be set 
for up to 3 years at a time, and continued the current target total 
allowable catch. The purpose of this action is to conserve and manage 
the red crab resource, reduce the staff resources necessary to 
effectively manage this fishery, and provide consistency and 
predictability to the industry.
    26. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Framework Adjustment 17. RIN 0648-AT10 (70 FR 48860, 
August 22, 2005). This final rule implemented Framework 17 to the 
Atlantic Sea Scallop FMP, which was developed and submitted by the New 
England Fishery Management Council and approved by NMFS. Framework 17 
required that vessels issued a general category scallop permit and that 
intended to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of 
in-shell scallops, install and operate vessel monitoring systems. 
Framework 17 also allowed general category scallop vessels with vessel 
monitoring systems units to turn off (powerdown) their vessel 
monitoring systems units after they had offloaded scallops and while 
they were tied to a fixed dock or mooring. Finally, Framework 17 
revised the broken trip adjustment provision for limited access scallop 
vessels fishing in the Sea Scallop Area Access Program. The intent of 
this action was to provide more complete monitoring of the general 
category scallop fleet, to reduce vessel monitoring systems operating 
costs, and to eliminate a provision that may have a negative influence 
on vessel operator decisions at sea and facilitate safety.
    27. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 41. RIN 0648-AT08 (70 FR 
54302, September 14, 2005). This final rule implemented Framework 
Adjustment 41 to the Northeast Multispecies FMP, which expanded 
participation in the existing Closed Area I Hook Gear Haddock Special 
Access Program to all Northeast multispecies limited access days-at-sea 
vessels fishing with hook gear. This action also modified some of the 
management measures currently applicable to the Georges Bank Cod Hook 
Sector vessels when declared into the CA I Hook Gear Haddock Special 
Access Program by including modification of the season, haddock total 
allowable catch, and restricting vessels to fishing only inside the 
Special Access Program area on trips declared into the Special Access 
Program. In

[[Page 37191]]

addition, NMFS clarified regulations pertaining to fishing in the 
Eastern U.S./Canada Haddock Special Access Program Pilot Program Area. 
This action was intended to mitigate the economic and social impacts 
resulting from Amendment 13 to the FMP and to meet the conservation and 
management requirements of the Magnuson-Stevens Act.
    28. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Amendment 13 and Framework Adjustment 40-A. RIN 
0648-AS80 (70 FR 76422, December 27, 2005). This rule corrected 
inadvertent errors and omissions found in the April 27, 2004, final 
rule implementing Amendment 13 and the November 19, 2004, interim final 
rule implementing Framework Adjustment 40-A to the Northeast 
Multispecies FMP. This rule also clarified specific regulations to 
maintain consistency with, and to accurately reflect, the intent of 
Amendment 13 and Framework 40-A to the FMP. Finally, this rule revised 
the process for selecting total allowable catch allocations for the 
U.S./Canada Management Areas pursuant to a court order. Amendment 13 
was developed to end overfishing and rebuild NE multispecies stocks. 
Framework 40-A was developed to provide additional opportunities for NE 
multispecies vessels to target healthy stocks in an effort to help 
achieve optimum yield from the fishery and to mitigate some of the 
economic impacts resulting from effort reductions implemented under 
Amendment 13. This action was conducted by NMFS under the authority of 
the Magnuson-Stevens Act.
    29. Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2006 Summer Flounder, Scup, and 
Black Sea Bass Specifications; Preliminary 2006 Quota Adjustments; 2006 
Summer Flounder Quota for Delaware. RIN 0648-AT27 (70 FR 77060, 
December 29, 2005). NMFS issued final specifications for the 2006 
summer flounder, scup, and black sea bass fisheries, and made 
preliminary adjustments to the 2006 commercial quotas for these 
fisheries. This final rule specified allowed harvest limits for both 
commercial and recreational fisheries, including scup possession 
limits. This action prohibited federally permitted commercial vessels 
from landing summer flounder in Delaware in 2006. Regulations governing 
the summer flounder fishery require publication of this notification to 
advise the State of Delaware, Federal vessel permit holders, and 
Federal dealer permit holders that no commercial quota is available for 
landing summer flounder in Delaware in 2006. This action also defined 
the total length measurement for black sea bass and made changes to the 
regulations regarding the commercial black sea bass pot/trap fishery. 
The intent of this action was to establish harvest levels and other 
measures to attain the target fishing mortality or exploitation rates, 
as specified for these species in the Summer Flounder, Scup, and Black 
Sea Bass FMP, to reduce bycatch, and to improve the efficiency of the 
commercial black sea bass fishery.
    30. Fisheries of the Northeastern United States; Spiny Dogfish; 
Framework Adjustment 1; Establishing a Multipleyear Specifications 
Process. RIN 0648-AT29 (71 FR 3016, January 19, 2006). NMFS announced 
the implementation of Framework Adjustment 1 to the Spiny Dogfish FMP, 
which allowed the specification of commercial quotas and other 
management measures for up to 5 years. This framework adjustment was 
intended to improve management of the Northeast Atlantic stock of Spiny 
Dogfish.
    31. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Framework 18. RIN 0648-AT25 (71 FR 33211, June 8, 
2006). This final rule implemented Framework Adjustment 18 to the 
Atlantic Sea Scallop FMP, which was developed by the New England 
Fishery Management Council. The following management measures were 
implemented by this rule: Scallop fishery specifications for 2006 and 
2007; scallop Area Rotation Program adjustments; and revisions to 
management measures that would improve administration of the FMP. In 
addition, a seasonal closure of the Elephant Trunk Access Area was 
implemented to reduce potential interactions between the scallop 
fishery and sea turtles, and to reduce finfish and scallop bycatch 
mortality. Framework 18 was developed to meet the FMP's requirement to 
adjust biennially the management measures for the scallop fishery. The 
FMP requires the biennial adjustments to ensure that measures meet the 
target fishing mortality rate and other goals of the FMP and achieve 
optimum yield from the scallop resource on a continuing basis.
    32. Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Framework Adjustment 6. RIN 0648-
AT26 (71 FR 42315, July 26, 2006). NMFS issued this final rule to 
implement measures contained in Framework Adjustment 6 to the Summer 
Flounder, Scup, and Black Sea Bass FMP that allowed regional 
conservation equivalency in the summer flounder recreational fishery. 
The intent was to provide flexibility and efficiency to the management 
of the summer flounder recreational fishery, specifically by expanding 
the suite of management tools available when conservation equivalency 
was implemented. In addition, this final rule included three 
administrative modifications to the existing regulations for 
clarification purposes.
    33. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 43. RIN 0648-AU33 (71 FR 
46871, August 15, 2006). NMFS implemented Framework Adjustment 43 to 
the Northeast Multispecies FMP, which addressed the incidental catch of 
Northeast multispecies by vessels fishing for Atlantic herring by 
establishing a Herring Exempted Fishery. Vessels issued a Category 1 
Atlantic herring fishing permit were authorized to possess incidentally 
caught haddock until the catch of haddock reached the level specified 
as an incidental haddock catch cap; upon attainment of the haddock 
catch cap, all herring vessels were limited to 2,000 lb (907 kg) of 
herring per trip, if any of the herring on board was caught within the 
Gulf of Maine/Georges Bank Herring Exemption Area defined in Framework 
43. Herring Category 1 vessels were also authorized to possess up to 
100 pounds (45 kg) of other regulated multispecies (cod, witch 
flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake), and were required to 
provide advanced notification of their intent to land for purposes of 
enforcement. Atlantic herring processors and dealers that sort herring 
catches as part of their operations were required to cull and report 
all haddock.
    34. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Great South Channel Scallop Dredge Exemption 
Area. RIN 0648-AU50 (71 FR 51779, August 31, 2006). NMFS issued this 
final rule to modify the regulations implementing the Northeast 
Multispecies FMP to allow vessels issued either a General Category 
Atlantic sea scallop permit or a limited access sea scallop permit, 
when not fishing under a scallop days-at-sea limitation, to fish for 
scallops with small dredges (combined width not to exceed 10.5 ft) 
within the Great South Channel Scallop Dredge Exemption Area. This 
final rule responded to a request from the fishing industry to add this 
area to the list of exempted fisheries. The intent of this action was

[[Page 37192]]

to allow small scallop dredge vessels to harvest scallops in a manner 
that is consistent with the bycatch reduction objectives of the FMP.
    35. Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery, Framework Adjustment 42; 
Monkfish Fishery, Framework Adjustment 3. RIN 0648-AT24 (71 FR 62156, 
October 23, 2006). This final rule implemented Framework Adjustment 42 
to the Northeast Multispecies FMP and Framework Adjustment 3 to the 
Monkfish FMP. Framework Adjustment 42, developed by the New England 
Fishery Management Council, was a biennial adjustment to the Northeast 
Multispecies FMP that set forth a rebuilding program for Georges Bank 
yellowtail flounder and modified Northeast multispecies fishery 
management measures to reduce fishing mortality rates on six other 
groundfish stocks in order to maintain compliance with the rebuilding 
programs of the FMP. Framework Adjustment 42 also modified and 
continued specific measures to mitigate the economic and social impacts 
of Amendment 13 to the FMP and allowed harvest levels to approach 
optimum yield. This final rule also implements the Monkfish FW 3 
provision prohibiting a limited access monkfish days-at-sea vessel that 
also possesses a limited access NE multispecies days-at-sea permit from 
using a monkfish days-at-sea when participating in the Regular B days-
at-sea program.
    36. Pacific Halibut Fisheries; Catch Sharing Plan; Fisheries Off 
West Coast States and in the Western Pacific; Pacific Coast Groundfish 
Fishery; Specifications and Management Measures; Inseason Adjustments. 
RIN 0648-AS61 (70 FR 20304, April 19, 2005). The Assistant 
Administrator for Fisheries, on behalf of the International Pacific 
Halibut Commission, publishes annual management measures to govern the 
Pacific halibut fishery. These measures are promulgated as regulations 
by the International Pacific Halibut Commission and accepted by the 
Secretary of State. The Assistant Administrator for Fisheries announced 
modifications to the Catch Sharing Plan for Area 2A and implementing 
regulations for 2005, and announced approval of the Area 2A Plan. The 
Assistant Administrator for Fisheries also announced related changes to 
management measures in the recreational Pacific Coast groundfish 
fisheries, which are authorized by the Pacific Coast Groundfish FMP. 
These actions were intended to enhance the conservation of Pacific 
halibut and groundfish and further the goals and objectives of the 
Pacific Fishery Management Council.
    37. Magnuson-Stevens Act Provisions; Fisheries Off West Coast 
States and in the Western Pacific; Pacific Coast Groundfish Fishery; 
Biennial Specifications and Management Measures; Correction. RIN 0648-
AS27 (70 FR 22808, May 3, 2005). This final rule established the 2005 
fishery specifications for Pacific whiting in the U.S. exclusive 
economic zone and state waters off the coasts of Washington, Oregon, 
and California, as authorized by the Pacific Coast Groundfish FMP. It 
also adjusted the bycatch limits in the whiting fishery. This Federal 
Register document also corrected the final rule implementing the 
specifications and management measures, which was published December 
23, 2004. These specifications included the level of the acceptable 
biological catch, optimum yield, tribal allocation, and allocations for 
the non-tribal commercial sectors. The intended effect of this action 
was to establish allowable harvest levels of whiting based on the best 
available scientific information.
    38. Magnuson-Stevens Act Provisions; Fishing Capacity Reduction 
Program; Pacific Coast Groundfish Fishery; California, Washington, and 
Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry 
Fee System for Fishing Capacity Reduction Loan. RIN 0648-AS38 (70 FR 
40225, July 13, 2005 and 71 FR 27, January 3, 2006). NMFS established 
regulations to implement an industry fee system for repaying a 
$35,662,471 Federal loan. The loan financed most of the cost of a 
fishing capacity reduction program in the Pacific Coast groundfish 
fishery. The industry fee system imposed fees on the value of future 
groundfish landed in the trawl portion (excluding whiting catcher-
processors) of the Pacific Coast groundfish fishery. It also imposed 
fees on coastal Dungeness crab and pink shrimp landed in the 
California, Washington, and Oregon fisheries for coastal Dungeness crab 
and pink shrimp. This action's intent was to implement the industry fee 
system.
    39. Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Specifications and Management 
Measures. RIN 0648-AU00 (71 FR 8489, February 17, 2006). NMFS 
implemented revisions to the 2006 commercial and recreational 
groundfish fishery management measures for groundfish taken in the U.S. 
exclusive economic zone off the coasts of Washington, Oregon, and 
California. Management measures that were new for 2006 were intended 
to: Achieve but not exceed optimum yields; prevent overfishing; rebuild 
overfished species; and reduce and minimize the incidental catch and 
discard of overfished and depleted stocks. NMFS was also revising the 
2006 darkblotched rockfish optimum yield, at the request of the Pacific 
Fishery Management Council. These actions, which are authorized by the 
Pacific Coast Groundfish FMP and the Magnuson-Stevens Act, were 
intended to allow fisheries to access more abundant groundfish stocks 
while protecting overfished and depleted stocks.
    40. Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Limited Entry Fixed Gear Sablefish 
Fishery Permit Stacking Program. RIN 0648-AP38 (71 FR 10614, March 2, 
2006). NMFS implemented portions of Amendment 14 to the Pacific Coast 
Groundfish FMP. Amendment 14 created a permit stacking program for 
limited entry permits with sablefish endorsements. Amendment 14 was 
intended to provide greater season flexibility for sablefish fishery 
participants and to improve safety in the primary sablefish fishery.
    41. Pacific Halibut Fisheries; Catch Sharing Plan. RIN 0648-AT56 
(71 FR 10850, March 3, 2006). The Assistant Administrator for 
Fisheries, on behalf of the International Pacific Halibut Commission, 
published annual management measures promulgated as regulations by the 
International Pacific Halibut Commission and approved by the Secretary 
of State governing the Pacific halibut fishery. The Assistant 
Administrator for Fisheries also announced modifications to the Catch 
Sharing Plan for Area 2A and implementing regulations for 2006, and 
announced approval of the Area 2A Catch Sharing Plan. These actions 
were intended to enhance the conservation of Pacific halibut and 
further the goals and objectives of the Pacific Fishery Management 
Council and the North Pacific Fishery Management Council.
    42. Magnuson-Stevens Act Provisions; Fisheries off West Coast 
States; Pacific Coast Groundfish Fishery. RIN 0648-AT98 (71 FR 27408, 
May 11, 2006). NMFS implemented the regulatory provisions of Amendment 
19 to the Pacific Coast Groundfish FMP. Amendment 19 provided for a 
comprehensive program to describe and protect essential fish habitat 
for Pacific Coast Groundfish. The management measures to implement 
Amendment 19, which were authorized by the FMP and the Magnuson-Stevens 
Act, were intended to minimize, to the extent practicable, adverse 
effects to essential fish habitat from fishing. The measures

[[Page 37193]]

included fishing gear restrictions and prohibitions, areas that are 
closed to bottom trawling, and areas that are closed to all fishing 
that contacts the bottom.
    43. Magnuson-Stevens Act Provisions; Fisheries Off West Coast 
States; Pacific Coast Groundfish Fishery; Biennial Specifications and 
Management Measures; Correction. RIN 0648-AU39 (71 FR 29257, May 22, 
2006). This final rule established the 2006 fishery specifications for 
Pacific whiting in the U.S. exclusive economic zone and state waters 
off the coasts of Washington, Oregon, and California, as authorized by 
the Pacific Coast Groundfish FMP. It also adjusted the bycatch limits 
in the whiting fishery. This Federal Register document also corrected 
the final rule implementing the specifications and management measures, 
which was published December 23, 2004. These specifications included 
the level of the acceptable biological catch, optimum yield, tribal 
allocation, and allocations for the non-tribal commercial sectors. The 
intended effect of this action was to establish allowable harvest 
levels of whiting based on the best available scientific information.
    44. Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Amendment 18. RIN 0648-AU12 (71 FR 66122, November 13, 2006). 
NMFS issued this final rule to implement Amendment 18 to the Pacific 
Coast Groundfish FMP. Amendment 18 responded to a court order by 
setting the Pacific Fishery Management Council's bycatch minimization 
policies and requirements into the FMP.
    45. Magnuson-Stevens Act Provisions; Fisheries off West Coast 
States; Pacific Coast Groundfish Fishery; Biennial Specifications and 
Management Measures; Amendment 16-4; Pacific Coast Salmon Fishery. RIN 
0648-AU57 (71 FR 78638, December 29, 2006). This final rule implemented 
Amendment 16-4 to the Pacific Coast Groundfish FMP and set the 2007-
2008 harvest specifications and management measures for groundfish 
taken in the U.S. exclusive economic zone off the coasts of Washington, 
Oregon, and California. Amendment 16-4 modified the FMP to implement 
revised rebuilding plans for seven overfished species: Bocaccio, canary 
rockfish, cowcod, darkblotched rockfish, Pacific ocean perch, widow 
rockfish, and yelloweye rockfish. Groundfish harvest specifications and 
management measures for 2007-2008 were intended to: Achieve but not 
exceed optimum yields; prevent overfishing; rebuild overfished species; 
reduce and minimize the bycatch and discard of overfished and depleted 
stocks; provide harvest opportunity for the recreational and commercial 
fishing sectors; and, within the commercial fisheries, achieve harvest 
guidelines and limited entry and open access allocations for 
nonoverfished species. Together, Amendment 16-4 and the 2007-2008 
harvest specifications and management measures were intended to rebuild 
overfished stocks as soon as possible, taking into account the status 
and biology of the stocks, the needs of fishing communities, and the 
interaction of the overfished stocks within the marine ecosystem. In 
addition to the management measures implemented specifically for the 
groundfish fisheries, this rule implemented a new Yelloweye Rockfish 
Conservation Area off Washington State, which is closed to commercial 
salmon troll fishing to reduce incidental mortality of yelloweye 
rockfish in the salmon troll fishery.
    46. Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; American Samoa Longline Limited 
Entry Program. RIN 0648-AQ92 (70 FR 29646, May 24, 2005). NMFS issued a 
final rule to implement Amendment 11 to the FMP for Pelagic Fisheries 
of the Western Pacific Region, which established a limited entry system 
for pelagic longline vessels fishing in waters of the U.S. exclusive 
economic zone around American Samoa. The action was necessary to 
effectively manage the pelagics fisheries around American Samoa. This 
final rule was intended to establish management measures that would 
stabilize effort in the fishery to avoid a ``boom and bust'' cycle of 
fishery development that could disrupt community participation and 
limit opportunity for substantial participation in the fishery by 
indigenous islanders.
    47. Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Sea Turtle Mitigation Measures. RIN 
0648-AQ91 (70 FR 69282, November 15, 2005). NMFS issued a final rule to 
reduce and mitigate interactions between sea turtles and fisheries 
managed under the FMP for the Pelagic Fisheries of the Western Pacific 
Region. This rule included requirements for attending protected species 
workshops, for handling, resuscitating, and releasing sea turtles that 
are hooked or entangled in fishing gear, and for fishing gear 
configuration. This action was undertaken in part to comply with the 
terms and conditions of a 2004 Biological Opinion on impacts on sea 
turtles by fisheries managed under the FMP.
    48. Fisheries Off West Coast States and in the Western Pacific; 
Pelagic Fisheries; Additional Measures to Reduce the Incidental Catch 
of Seabirds in the Hawaii Pelagic Longline Fishery. RIN 0648-AS30 (70 
FR 75075, December 19, 2005). NMFS issued a final rule implementing 
measures to further reduce the incidental catch of seabirds in the 
Hawaii-based longline fishery. Depending on the fishing method and area 
where the vessels operate, owners and operators of longline fishing 
vessels must either side-set (deploy longline gear from the side of the 
vessel rather than from the stern) or use a combination of other 
seabird mitigation measures to prevent seabirds from being accidentally 
hooked, entangled, and killed during fishing operations. NMFS also 
announced the availability of the Record of Decision for the ``Final 
Environmental Impact Statement, Seabird Interaction Avoidance Methods 
under the FMP for Pelagic Fisheries of the Western Pacific Region and 
Pelagic Squid Fishery Management under the FMP for Pelagic Fisheries of 
the Western Pacific Region and the High Seas Fishing Compliance Act.'' 
The Record of Decision announced that NMFS selected the Preferred 
Alternative, modified slightly, to cost-effectively further reduce the 
potentially harmful effects of the Hawaii-based longline fishery on 
seabirds.
    49. Fisheries in the Western Pacific; Western Pacific Bottomfish 
and Seamount Groundfish Fisheries; Guam Bottomfish Management Measures. 
RIN 0648-AT94 (71 FR 64474, November 2, 2006). NMFS issued this final 
rule to implement Amendment 9 to the FMP for Bottomfish and Seamount 
Groundfish Fisheries of the Western Pacific Region that prohibited 
large vessels, i.e., those 50 ft (15.2 m) or longer, from fishing for 
bottomfish in Federal waters within 50 nm (92.6 km) around Guam, and 
established Federal permitting and reporting requirements for these 
large bottomfish fishing vessels. This final rule was intended to 
maintain viable participation and bottomfish catch rates by small 
vessels in the fishery, to maintain traditional patterns of the 
bottomfish supply to local Guam markets, to provide for the collection 
of adequate fishery information for effective management, and to reduce 
the risk of local depletion of deepwater bottomfish stocks near Guam.
    50. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Rebuilding Plan. 
RIN 0648-AP02 (70 FR 32266, June 2, 2005).

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NMFS issued this final rule to implement Amendment 22 to the FMP for 
the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of 
Mexico Fishery Management Council. This final rule provided the 
regulatory authority to implement a mandatory observer program for 
selected commercial and for-hire vessels in the Gulf of Mexico reef 
fish fishery. In addition, consistent with the requirements of the 
Magnuson-Stevens Act, Amendment 22 established a stock rebuilding plan, 
biological reference points, and stock status determination criteria 
for red snapper in the Gulf of Mexico. The intended effect of this 
final rule was to contribute to ending overfishing and rebuilding the 
red snapper resource. Finally, NMFS informed the public of the approval 
by the Office of Management and Budget of the collection-of-information 
requirements contained in this final rule and published the Office of 
Management and Budget control numbers for those collections.
    51. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding 
Plan. RIN 0648-AS19 (70 FR 33385, June 8, 2005). NMFS issued this final 
rule to implement Amendment 23 to the FMP for the Reef Fish Resources 
of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management 
Council. This final rule increased the minimum size limit for vermilion 
snapper to 11 inches (28 cm), total length, for the recreational and 
commercial sectors; established a 10-fish recreational bag limit for 
vermilion snapper within the existing 20-fish aggregate reef fish bag 
limit; and closed the commercial vermilion snapper fishery from April 
22 through May 31 each year. In addition, consistent with the 
requirements of the Magnuson-Stevens Act, Amendment 23 established a 
stock rebuilding plan, biological reference points, and stock status 
determination criteria for vermilion snapper in the Gulf of Mexico. The 
intended effect of this final rule was to end overfishing and rebuild 
the vermilion snapper resource.
    52. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Amendment 15. RIN 0648-AS53 (70 FR 39187, July 7, 2005). NMFS 
issued this final rule to implement Amendment 15 to the FMP for the 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic. This final rule established a limited access system for the 
commercial fishery for Gulf and Atlantic migratory group king mackerel 
by capping participation at the current level. The final rule also 
changed the fishing year for Atlantic migratory group king and Spanish 
mackerel to March through February. The intended effects of this final 
rule were to provide economic and social stability in the fishery by 
preventing speculative entry into the fishery and to mitigate adverse 
impacts associated with potential quota closures.
    53. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gulf Reef Fish Limited Access 
System. RIN 0648-AS69 (70 FR 41161, July 18, 2005). NMFS issued this 
final rule to implement Amendment 24 to the FMP for the Reef Fish 
Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery 
Management Council. This final rule established a limited access system 
for the commercial reef fish fishery in the Gulf of Mexico by capping 
participation at the current level. The intended effect of this final 
rule was to provide economic and social stability in the fishery by 
preventing speculative entry into the fishery.
    54. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Amendment to the FMPs of the U.S. Caribbean. RIN 0648-
AP51 (70 FR 62073, October 28, 2005). NMFS issued this final rule to 
implement a comprehensive amendment prepared by the Caribbean Fishery 
Management Council to amend its Reef Fish, Spiny Lobster, Queen Conch, 
and Coral FMPs. The comprehensive amendment was designed to ensure the 
FMPs are fully compliant with the provisions of the Magnuson-Stevens 
Act. This final rule redefined the fishery management units for the 
FMPs; established seasonal closures; imposed gear restrictions and 
requirements; revised requirements for marking pots and traps; and 
prohibited the filleting of fish at sea. In addition, the comprehensive 
amendment established biological reference points and stock status 
criteria; established rebuilding schedules and strategies to end 
overfishing and rebuild overfished stocks; provided for standardized 
collection of bycatch data; minimized bycatch and bycatch mortality to 
the extent practicable; designated essential fish habitat and habitat 
areas of particular concern; and minimized adverse impacts on such 
habitat to the extent practicable. The intended effect of this final 
rule was to achieve optimum yield in the fisheries and provide social 
and economic benefits associated with maintaining healthy stocks.
    55. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Amendment 6. RIN 0648-
AS16 (70 FR 73383, December 12, 2005). NMFS issued this final rule to 
implement Amendment 6 to the FMP for the Shrimp Fishery of the South 
Atlantic Region, as prepared and submitted by the South Atlantic 
Fishery Management Council. This final rule required an owner or 
operator of a trawler that harvests or possesses penaeid shrimp in or 
from the exclusive economic zone off the southern Atlantic states to 
obtain a commercial vessel permit for South Atlantic penaeid shrimp; 
required an owner or operator of a vessel in the South Atlantic rock 
shrimp or penaeid shrimp fishery to submit catch and effort reports and 
to carry an observer on selected trips; and required bycatch reduction 
devices in nets in the rock shrimp fishery. Amendment 6 also 
established stock status determination criteria for South Atlantic 
penaeid shrimp; revised the specifications of maximum sustainable yield 
and optimum yield for South Atlantic rock shrimp; revised the stock 
status determination criteria for South Atlantic rock shrimp; revised 
the bycatch reduction criterion for the certification of bycatch 
reduction devices; and transfered from the Council to the Regional 
Administrator, Southeast Region, responsibilities for the specification 
of the protocol for testing bycatch reduction devices. In addition, 
NMFS informed the public of the approval by the Office of Management 
and Budget of the collection-of-information requirements contained in 
this final rule and published the Office of Management and Budget 
control numbers for those collections. The intended effects of this 
rule were to provide additional information for, and improve the 
effective management of, the shrimp fisheries off the southern Atlantic 
states and to correct and clarify the regulations applicable to other 
southern Atlantic fisheries.
    56. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Essential Fish Habitat Amendment. RIN 0648-AS66 (70 FR 
76216, December 23, 2005). NMFS issued this final rule to implement 
Generic Amendment 3 to the FMPs of the Gulf of Mexico, which was 
prepared by the Gulf of Mexico Fishery Management Council. Generic 
Amendment 3 amended each of the seven Council FMPs (shrimp, red drum, 
reef fish, coastal migratory pelagic resources, coral and coral reefs, 
stone crab, and spiny lobster) to describe and

[[Page 37195]]

identify essential fish habitat; minimize to the extent practicable the 
adverse effects of fishing on essential fish habitat; and encourage 
conservation and management of essential fish habitat. This final rule 
established additional habitat areas of particular concern, restricted 
fishing activities within habitat areas of particular concern, and 
required a weak link in bottom trawl gear. The intended effect of this 
final rule was to facilitate long-term protection of essential fish 
habitat and, thus, better conserve and manage fishery resources in the 
Gulf of Mexico.
    57. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Commercial Grouper Fishery; Trip Limit. RIN 0648-AT12 
(70 FR 77057, December 29, 2005). NMFS issued this final rule to 
implement a regulatory amendment to the FMP for the Reef Fish Resources 
of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management 
Council. This final rule established a 6,000-lb (2,722-kg) commercial 
trip limit for shallow-water and deep-water grouper, combined, in the 
exclusive economic zone of the Gulf of Mexico. The intended effect of 
this final rule was to minimize the effects of derby fishing and 
prolong the fishing season.
    58. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Limited Access 
Program for Gulf Charter Vessels and Headboats. RIN 0648-AS70 (71 FR 
28282, May 16, 2006). NMFS issued this final rule to implement 
Amendment 17 to the FMP for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic, and Amendment 25 to the FMP for 
the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of 
Mexico Fishery Management Council. This final rule established a 
limited access system for charter vessel/headboat permits for the reef 
fish and coastal migratory pelagic fisheries in the exclusive economic 
zone of the Gulf of Mexico. In addition, this final rule incorporated a 
number of minor revisions to remove outdated regulatory text and to 
clarify regulatory text. The intended effect of this final rule was to 
provide for biological, social, and economic stability in these charter 
vessel/headboat fisheries.
    59. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Recreational Grouper Fishery Management Measures. RIN 
0648-AU04 (71 FR 34534, June 15, 2006). NMFS issued this final rule to 
implement the bag limit provisions of a regulatory amendment to the FMP 
for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf 
of Mexico Fishery Management Council. This final rule established a 
recreational bag limit for Gulf red grouper of one fish per person per 
day and prohibited the captain and crew of a vessel operating as a 
charter vessel or headboat from retaining any Gulf grouper, i.e., 
established a zero bag limit for captain and crew. The intended effect 
of this final rule was to help maintain recreational landings at levels 
consistent with the red grouper rebuilding plan.
    60. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 18A. RIN 0648-AN09 
(71 FR 45428, August 9, 2006). NMFS issued this final rule to implement 
Amendment 18A to the FMP for the Reef Fish Resources of the Gulf of 
Mexico prepared by the Gulf of Mexico Fishery Management Council. This 
final rule prohibited vessels from retaining reef fish caught under the 
recreational size and bag/possession limits when commercial quantities 
of Gulf reef fish are on board; adjusted the number of persons allowed 
on board when a vessel with both commercial and charter vessel/headboat 
reef fish permits and a U.S. Coast Guard Certificate of Inspection is 
fishing commercially; prohibited use of Gulf reef fish, except sand 
perch or dwarf sand perch, as bait in any commercial or recreational 
fishery in the exclusive economic zone of the Gulf of Mexico, with a 
limited exception for crustacean trap fisheries; required a NMFS-
approved vessel monitoring system on board vessels with Federal 
commercial permits for Gulf reef fish, including charter vessels/
headboats with such commercial permits; and required owners and 
operators of vessels with Federal commercial or charter vessel/headboat 
permits for Gulf reef fish to comply with sea turtle and smalltooth 
sawfish release protocols, possess on board specific gear to ensure 
proper release of such species, and comply with guidelines for proper 
care and release of incidentally caught sawfish and sea turtles. This 
final rule also required annual permit application rather than 
application every 2 years. In addition, Amendment 18A revised the total 
allowable catch framework procedure to reflect current practices and 
terminology. The intended effects of this final rule were to improve 
enforceability and monitoring in the reef fish fishery in the Gulf of 
Mexico and to reduce mortality of incidentally caught sea turtles and 
smalltooth sawfish. Finally, NMFS informed the public of approval by 
the Office of Management and Budget of the collection-of-information 
requirements contained in this final rule and published the Office of 
Management and Budget control numbers for those collections.
    61. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper- Grouper Fishery Off the Southern Atlantic States; Amendment 
13C. RIN 0648-AT75 (71 FR 55096, September 21, 2006). NMFS issued this 
final rule to implement Amendment 13C to the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region, as prepared and submitted 
by the South Atlantic Fishery Management Council. Amendment 13C 
established management measures to end overfishing of snowy grouper, 
golden tilefish, vermilion snapper, and black sea bass and measures to 
allow moderate increases in recreational and commercial harvest of red 
porgy consistent with the rebuilding program for that stock. For the 
commercial fisheries, this final rule established restrictive quotas 
for snowy grouper, golden tilefish, vermilion snapper, and black sea 
bass and, after the quotas are met, prohibited all purchase and sale of 
the applicable species and restricted all harvest and possession to the 
applicable bag limit; established restrictive trip limits for snowy 
grouper and golden tilefish; required at least 2-inch (5.1-cm) mesh in 
the back panel of black sea bass pots; required black sea bass pots to 
be removed from the water after the quota was reached; changed the 
fishing year for black sea bass; increased the trip limit for red 
porgy; established a red porgy quota that would allow a moderate 
increase in harvest; and, after the red porgy quota was reached, 
prohibited all purchase and sale, and restricted all harvest and 
possession to the bag limit. For the recreational fisheries, this final 
rule reduced the bag limits for snowy grouper, golden tilefish, and 
black sea bass; increased the minimum size limit for vermilion snapper 
and black sea bass; changed the fishing year for black sea bass; and 
increased the bag limit for red porgy. The intended effects of this 
final rule were to eliminate or phase out overfishing of snowy grouper, 
golden tilefish, vermilion snapper, and black sea bass; and increase 
red porgy harvest consistent with an updated stock assessment and 
rebuilding plan to achieve optimum yield. Finally, NMFS informed the 
public of the approval by the Office of Management and Budget of the 
collection-of-information requirements contained in this final rule and 
published the Office of

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Management and Budget control numbers for those collections.
    62. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Amendment 13. RIN 0648-AS15 (71 
FR 56039, September 26, 2006). NMFS issued this final rule to implement 
Amendment 13 to the FMP for the Shrimp Fishery of the Gulf of Mexico, 
as prepared and submitted by the Gulf of Mexico Fishery Management 
Council. This final rule established a 10-year moratorium on issuance 
of Federal Gulf shrimp vessel permits; required owners of vessels 
fishing for or possessing royal red shrimp from the Gulf of Mexico 
exclusive economic zone to have a royal red shrimp endorsement; 
required owners or operators of all federally permitted Gulf shrimp 
vessels to report information on landings and vessel and gear 
characteristics; and required vessels selected by NMFS to carry 
observers and/or install an electronic logbook provided by NMFS. In 
addition, Amendment 13 established biological reference points for 
penaeid shrimp and status determination criteria for royal red shrimp. 
The intended effects of this final rule were to provide essential 
fisheries data, including bycatch data, needed to improve management of 
the fishery and to control access to the fishery. Finally, NMFS 
informed the public of the approval by the Office of Management and 
Budget of the collection of information requirements contained in this 
final rule and published the Office of Management and Budget control 
numbers for those collections.
    63. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Recreational Grouper Fishery Management Measures. RIN 
0648-AU04 (71 FR 66878, November 17, 2006). NMFS issued this final rule 
to implement the seasonal closure provisions of a regulatory amendment 
to the FMP for the Reef Fish Resources of the Gulf of Mexico prepared 
by the Gulf of Mexico Fishery Management Council. This final rule 
established a seasonal closure of the recreational fishery for gag, red 
grouper, and black grouper in or from the Gulf exclusive economic zone. 
The intended effect of this final rule was to help maintain 
recreational landings at levels consistent with the red grouper 
rebuilding plan while minimizing potential shift of fishing effort to 
associated grouper species.
    64. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 26. RIN 0648-AS67 
(71 FR 67447, November 22, 2006). NMFS issued this final rule to 
implement Amendment 26 to the FMP for the Reef Fish Fishery of the Gulf 
of Mexico. Amendment 26 established an individual fishing quota program 
for the commercial red snapper sector of the reef fish fishery in the 
Gulf of Mexico. Initial participants in the individual fishing quota 
program received percentage shares of the commercial quota of red 
snapper based on specified historical landings criteria. The percentage 
shares of the commercial quota equate to annual individual fishing 
quota allocations. In addition, NMFS informed the public of the 
approval by the Office of Management and Budget of the collection-of-
information requirements contained in this final rule and published the 
Office of Management and Budget control numbers for those collections. 
The intended effect of this rule was to manage the commercial red 
snapper sector of the reef fish fishery to preserve its long-term 
economic viability and to achieve optimum yield from the fishery.
    65. Fisheries Off West Coast States and in the Western Pacific; 
Highly Migratory Species Fisheries; Data Collection Requirements for 
U.S. Commercial and Recreational Charter Fishing Vessels. RIN 0648-AP42 
(70 FR 7022, February 10, 2005). NMFS announced approval by the Office 
of Management and Budget of collection-of-information requirements 
pertaining to permits, logbooks, vessel monitoring systems, and pre-
trip notifications contained in the final rule to implement the 
approved portions of the U.S. West Coast Highly Migratory Species FMP. 
The FMP was partially approved on February 4, 2004, and the final rule 
to implement the approved portions of the HMS FMP was published in the 
Federal Register on April 7, 2004. At that time, the FMP final rule 
contained collection-of-information requirements subject to the 
Paperwork Reduction Act that were undergoing Office of Management and 
Budget review. The intent of this notice was to inform the public of 
the effective date of the requirements approved by Office of Management 
and Budget. Reporting requirements of the FMP are needed to obtain 
sufficient information for management while minimizing duplication.
    66. Fisheries Off West Coast States and in the Western Pacific; 
Highly Migratory Species Fisheries; Data Collection Requirements for 
U.S. Commercial and Recreational Charter Fishing Vessels. RIN 0648-AT97 
(70 FR 67349, November 7, 2005). NMFS announced approval by the Office 
of Management and Budget of collection-of-information requirements 
pertaining to vessel identification contained in the final rule to 
implement the approved portions of the U.S. West Coast Highly Migratory 
Species FMP, and the effectiveness of those requirements. On February 
4, 2004, NMFS partially approved the HMS FMP, and the final rule to 
implement the approved portions of the HMS FMP was published in the 
Federal Register on April 7, 2004. The HMS FMP final rule contained 
vessel identification requirements subject to the Paperwork Reduction 
Act that, at the time of publication, were still undergoing Office of 
Management and Budget review. This action informed the public of the 
effective date of the requirement approved by Office of Management and 
Budget. Vessel identification requirements are necessary for proper 
enforcement of the FMP.
    67. Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Amendment 11. RIN 0648-AT11 (71 FR 36999, June 29, 2006). 
NMFS issued this final rule to implement Amendment 11 to the Coastal 
Pelagic Species FMP, which changed the framework for the annual 
apportionment of the Pacific sardine harvest guideline along the U.S. 
Pacific coast. The purpose of this final rule was to achieve optimal 
utilization of the Pacific sardine resource and equitable allocation of 
the harvest opportunity for Pacific sardine.
    68. Atlantic Coastal Fisheries Cooperative Management Act 
Provisions; American Lobster Fishery. RIN 0648-AP18 (71 FR 13027, March 
14, 2006). NMFS amended regulations to modify the management measures 
applicable to the Federal American lobster (Homarus americanus) 
fishery. This action was in response to recommendations by the Atlantic 
States Marine Fisheries Commission in Addenda II and III to Amendment 3 
of the Interstate FMP for American Lobster. The lobster management 
measures were intended to increase protection to American lobster 
broodstock throughout the stock's range, and applied to lobsters 
harvested in one or more of seven Lobster Conservation Management 
Areas. In addition, NMFS clarified existing Federal lobster 
regulations.
    69. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific 
Ocean. RIN 0648-AS05 (70 FR 19004, April 12, 2005). NMFS issued a final 
rule to implement resolutions adopted by the Inter-American Tropical 
Tuna Commission and by the Parties to the Agreement on the 
International Dolphin Conservation Program. The final rule prohibited 
activities that undermine the

[[Page 37197]]

effective implementation and enforcement of the Marine Mammal 
Protection Act, Dolphin Protection Consumer Information Act, and 
International Dolphin Conservation Program Act.
    70. Endangered and Threatened Species; Designation of Critical 
Habitat for Seven Evolutionarily Significant Units of Pacific Salmon 
and Steelhead in California. RIN 0648-AO04 (70 FR 52488, September 2, 
2005). NMFS issued a final rule designating critical habitat for two 
Evolutionarily Significant Units of chinook salmon (Oncorhynchus 
tshawytscha) and five Evolutionarily Significant Units of steelhead (O. 
mykiss) listed as of the date of this designation under the Endangered 
Species Act of 1973, as amended. The specific areas designated in the 
rule text included approximately 8,935 net mi (14,269 km) of riverine 
habitat and 470 mi\2\ (1,212 km\2\) of estuarine habitat in California. 
Some of the areas designated are occupied by two or more Evolutionarily 
Significant Units. The annual net economic impacts of changes to 
Federal activities as a result of the critical habitat designations 
were estimated to be approximately $81,647,439. This rule was issued to 
meet the timeline established in litigation between NMFS and Pacific 
Coast Federation of Fishermen's Associations (Civ. No. 03-1883).
    71. Endangered and Threatened Species; Designation of Critical 
Habitat for 12 Evolutionarily Significant Units of West Coast Salmon 
and Steelhead in Washington, Oregon, and Idaho. RIN 0648-AQ77 (70 FR 
52630, September 2, 2005). NMFS issued a final rule designating 
critical habitat for 12 Evolutionarily Significant Units of West Coast 
salmon (chum, Oncorhynchus keta; sockeye, O. nerka; chinook, O. 
tshawytscha; and steelhead, O. mykiss) listed as of the date of this 
designation under the Endangered Species Act of 1973, as amended. The 
specific areas designated in the rule text included approximately 
20,630 mi (33,201 km) of lake, riverine, and estuarine habitat in 
Washington, Oregon, and Idaho, as well as approximately 2,312 mi (3,721 
km) of marine nearshore habitat in Puget Sound. Some of the areas 
designated are occupied by two or more Evolutionarily Significant 
Units. The annual net economic impacts of changes to Federal activities 
as a result of critical habitat designation were estimated to be 
approximately $201.2 million. Fish and wildlife conservation actions 
for the Federal Columbia River Power System and other major hydropower 
projects in the Pacific Northwest were expected to generate another 
$500-700 million in annual costs, including forgone power revenues. 
While these hydropower projects were covered by Endangered Species Act 
section 7, the conservation actions that generated these costs were 
imposed by a wide variety of laws. This rule was being issued to meet 
the timeline established in litigation between NMFS and Pacific Coast 
Federation of Fishermen's Associations (Civ. No. 03-1883).
    72. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Bottlenose Dolphin Take Reduction Plan Regulations; Sea 
Turtle Conservation; Restrictions to Fishing Activities. RIN 0648-AR39 
(71 FR 24776, April 26, 2006). NMFS issued this final rule to implement 
regulatory and nonregulatory management measures to reduce the 
incidental mortality and serious injury of the western North Atlantic 
coastal bottlenose dolphin stock (Tursiops truncatus) in the mid-
Atlantic coastal gillnet fishery and eight other coastal fisheries 
operating within the dolphin's distributional range. This final rule 
also revised the large mesh size restriction under the mid-Atlantic 
large mesh gillnet rule for conservation of endangered and threatened 
sea turtles to provide consistency among Federal and state management 
measures. The measures contained in this final rule implemented gillnet 
effort reduction, gear proximity requirements, gear or gear deployment 
modifications, and outreach and education measures to reduce dolphin 
bycatch below the marine mammal stock's potential biological removal 
level. The rule combined two actions under different statutory 
authorities, to: (1) Implement the Bottlenose Dolphin Take Reduction 
Plan under the Marine Mammal Protection Act; and (2) amend the 
Endangered Species Act mid-Atlantic large mesh gillnet rule.
    73. Sea Turtle Conservation; Modification to Fishing Activities. 
RIN 0648-AU10 (71 FR 36024, June 23, 2006). NMFS required that any 
offshore pound net leader in the Virginia waters of the mainstem 
Chesapeake Bay, south of 37[deg]19.0' N. lat. and west of 76[deg]13.0' 
W. long., and all waters south of 37[deg]13.0' N. lat. to the 
Chesapeake Bay Bridge Tunnel at the mouth of the Chesapeake Bay, and 
the James and York Rivers downstream of the first bridge in each 
tributary, during the period of May 6 through July 15, meet the 
definition of a modified pound net leader. Without this final rule, 
existing regulations would continue to prohibit all offshore pound net 
leaders in that area during that time frame. While restrictions 
promulgated in 2004 on pound net leaders in the Virginia waters of the 
Chesapeake Bay outside the aforementioned area remained in effect, this 
final rule created an exception to those restrictions by allowing the 
use of modified pound net leaders in this area. This action, taken 
under the Endangered Species Act of 1973, responded to new information 
generated by gear research. It was intended to conserve sea turtles 
listed as threatened under the Endangered Species Act and to help 
enforce the provisions of the Endangered Species Act, including the 
provisions against takes of endangered species, while enabling 
fishermen to use leaders during the regulated period.
    74. Endangered and Threatened Species; Revision of Critical Habitat 
for the Northern Right Whale in the Pacific Ocean. RIN 0648-AT84 (71 FR 
38277, July 6, 2006). NMFS issued a final rule to revise the current 
critical habitat for the northern right whale (Eubalaena glacialis) by 
designating additional areas within the North Pacific Ocean. Two 
specific areas were designated, one in the Gulf of Alaska and another 
in the Bering Sea, comprising a total of approximately 95,200 square 
kilometers (36,750 square miles) of marine habitat. As described in the 
impacts analysis prepared for this action, we considered the economic 
impacts, impacts to national security, and other relevant impacts and 
concluded that the benefits of exclusion of any area from the critical 
habitat designation do not outweigh the benefits of inclusion. This 
final rule was issued to meet the deadline established in a remand 
order of the United States District Court for the Northern District of 
California.
    75. Endangered and Threatened Wildlife; Sea Turtle Conservation. 
RIN 0648-AS92 (71 FR 50361, August 25, 2006). NMFS issued this final 
rule to require sea turtle conservation measures for all sea scallop 
dredge vessels fishing south of 41[deg]9.0' N. latitude from May 1 
through November 30 each year. All vessels with a sea scallop dredge 
and that are required to have a Federal Atlantic sea scallop fishery 
permit, regardless of dredge size or vessel permit category, were 
required to modify their dredge(s) when fishing south of 41[deg]9.0' N. 
latitude, from the shoreline to the outer boundary of the Exclusive 
Economic Zone. This action was necessary to help reduce mortality and 
injury to endangered and threatened sea turtles in scallop dredge gear 
and to conserve sea turtles listed under the Endangered Species Act. 
Any incidental take of threatened sea turtles in sea scallop dredge 
gear in compliance with this gear modification requirement and all 
other applicable requirements

[[Page 37198]]

was exempted on the Endangered Species Act's prohibition against takes.
    76. Endangered and Threatened Species; Designation of Critical 
Habitat for Southern Resident Killer Whale. RIN 0648-AU38 (71 FR 69054, 
November 29, 2006). NMFS issued a final rule designating critical 
habitat for the Southern Resident killer whale (Orcinus orca) distinct 
population segment. Under the Endangered Species Act, we are 
responsible for determining whether certain species, subspecies, or 
distinct population segments are threatened or endangered, and 
designating critical habitat for them. Three specific areas were 
designated, (1) the Summer Core Area in Haro Strait and waters around 
the San Juan Islands; (2) Puget Sound; and (3) the Strait of Juan de 
Fuca, which comprise approximately 2,560 square miles (6,630 sq km) of 
marine habitat. We considered the economic impacts and impacts to 
national security, and concluded the benefits of exclusion of 18 
military sites, comprising approximately 112 square miles (291 sq km), 
outweighed the benefits of inclusion because of national security 
impacts. An economic analysis, biological report, and Endangered 
Species Act report were available for comment along with the proposed 
rule. The supporting documents were finalized in support of the final 
critical habitat designation.

    Dated: June 14, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-14759 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-22-P