Plan for Periodic Review of Regulations, 53151-53161 [2014-21268]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Proposed Rules]
[Pages 53151-53161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21268]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

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

RIN 0648-XD411


Plan for Periodic Review of Regulations

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

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: The Regulatory Flexibility Act (RFA) requires that 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 October 8, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0106, 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-2014-0106, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Chris Wright, 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: Chris Wright.
    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 (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: Chris Wright, (301) 427-8504.

SUPPLEMENTARY INFORMATION:

Background

    The 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 annually publish a list 
of final rules it will review during the succeeding 12 months in the 
Federal Register. The list must describe, explain the need for, and 
provide the legal basis for the rule, as well as invite public comment 
on the rule.

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 must 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 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, 2014, NMFS 
will review the following rules issued during 2007 and 2008:
    1. Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Specifications and Management 
Measures. RIN 0648-AT65 (72 FR 4211; January 30, 2007). NMFS issued a 
final rule implementing the 2007 specifications and management measures 
for Atlantic mackerel, squid, and butterfish, and modified existing 
management measures. Specifically, it implemented trimester quota 
allocations for the Loligo squid fishery and established the protocol 
for an inseason adjustment to increase the mackerel harvest, if 
landings approach harvest limits. Lastly, the final rule clarified, 
updated, and corrected existing regulatory language that was misleading 
or incorrect. The action promoted the utilization and conservation of 
the resource.
    2. Atlantic Highly Migratory Species; Atlantic Commercial Shark 
Management

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Measures; Gear Operation and Deployment; Complementary Closures. RIN 
0648-AT37 (72 FR 5633; February 7, 2007). NMFS issued a final rule 
implementing additional handling, release, and disentanglement 
requirements for sea turtles and other non-target species caught in the 
commercial shark bottom longline fishery. These requirements increased 
the amount of handling, release, and disentanglement gear that are 
required to be on bottom longline vessels and were intended to reduce 
post hooking mortality of sea turtles and other non-target species 
consistent with the Highly Migratory Species (HMS) Fishery Management 
Plan (FMP). This final rule also implemented management measures, 
consistent with those recommended by the Caribbean Fishery Management 
Council and implemented by NMFS on October 28, 2005, that prohibit 
vessels issued HMS permits with bottom longline gear onboard from 
fishing in six distinct areas off the U.S. Virgin Islands and Puerto 
Rico, year-round. These six closures were intended to minimize adverse 
impacts to Essential Fish Habitat (EFH) for reef-dwelling species.
    3. South Pacific Tuna Fisheries. RIN 0648-AP61 (72 FR 6144; 
February 9, 2007). NMFS issued a final rule that revised regulations 
implementing the South Pacific Tuna Act of 1988, as amended, to reflect 
the changes agreed to in the Third Extension of the Treaty on Fisheries 
between the Governments of Certain Pacific Island States and the 
Government of the United States of America and its annexes, schedules, 
and implementing agreements, as amended (Treaty). New provisions under 
the Treaty related to vessel monitoring system (VMS) requirements, 
vessel reporting requirements, area restrictions for U.S. purse seine 
vessels fishing under the Treaty, and allowing U.S. longline vessels to 
fish on the high seas portion of the Treaty Area. These actions were 
intended to bring the United States into compliance with its 
obligations under the Treaty.
    4. Fisheries in the Western Pacific; Western Pacific Pelagic 
Fisheries; Hawaii Shallow-set Longline Fishery. RIN 0648-AU99 (72 FR 
8289; February 26, 2007). NMFS issued a final rule to permanently 
remove the 7-day delay in effectiveness when closing the Hawaii based 
shallow-set longline fishery as a result of reaching interaction limits 
for sea turtles. This final rule allows for an immediate closure of the 
fishery to enhance protection for sea turtles.
    5. Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; Amendment 1. RIN 0648-AQ87 (72 FR 11252; March 12, 2007). NMFS 
issued a final rule implementing approved measures contained in 
Amendment 1 to the Atlantic Herring FMP, developed by the New England 
Fishery Management Council. Amendment 1 established a limited access 
program. Amendment 1 also included the following measures: An open 
access incidental catch permit; a change in the management area 
boundaries; establishment of a purse seine/fixed gear-only area; 
establishment of a maximum sustainable yield proxy; an approach to 
determining the distribution of area-specific Total Allowable Catches; 
a multi-year specifications process; a research quota set-aside for 
herring-related research; a set-aside for fixed gear fisheries; a 
change in the mid-water trawl gear definition; and additional measures 
that could be implemented through the framework adjustment process. 
Also, NMFS informed the public of the approval by the Office of 
Management and Budget (OMB) of the collection-of information 
requirements contained in the final rule and published the OMB control 
numbers for these collections.
    6. Fish and Seafood Promotion Act Provisions; Seafood Marketing 
Councils. RIN 0648-AS09 (72 FR 18105; April 11, 2007). NMFS issued a 
final rule in response to renewed fishing industry support for 
marketing and promotion-related activities. The rule enacted 
regulations implementing the Fish and Seafood Promotion Act of 1986 for 
the establishment, organization, and operation of Seafood Marketing 
Councils. Council marketing and promotion plans were to be designed to 
increase the general demand for fish and fish products by encouraging, 
expanding, and improving the marketing and utilization of fish and fish 
products both in domestic or foreign markets, through consumer 
education, research, and other marketing and promotion activities. The 
intent of this rule was to increase benefits from domestic fisheries 
while maintaining consistency with NMFS' stewardship goals and mission 
statement.
    7. Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery 
for Halibut. RIN 0648-AV47 (72 FR 30714; June 4, 2007). NMFS issued a 
final rule to restrict the harvest of halibut by persons fishing on a 
guided sport charter vessel in International Pacific Halibut Commission 
Regulatory Area 2C. The current sport fishing catch or bag limit of two 
halibut per day was changed for a person sport fishing on a charter 
vessel in Area 2C. The final rule required at least one of the two fish 
taken in a day to be no more than 32 inches (81.3 cm) in length. This 
regulatory change was necessary to reduce the halibut harvest in the 
charter vessel sector while minimizing negative impacts on this sector, 
its sport fishing clients, and the coastal communities that serve as 
home ports for the fishery. The intended effect of this action was a 
reduction in the poundage of halibut harvested by the guided sport 
charter vessel sector in Area 2C.
    8. Atlantic HMS; U.S. Atlantic Swordfish Fishery Management 
Measures. RIN 0648-AU86 (72 FR 31688, June 7, 2007). NMFS issued a 
final rule to amend regulations governing the North Atlantic swordfish 
fishery to provide additional opportunities for U.S. vessels to more 
fully utilize the U.S. North Atlantic swordfish quota, in recognition 
of the improved stock status of the species. The U.S. North Atlantic 
swordfish quota is derived from the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT), and is implemented under the authority of the MSA and the 
Atlantic Tunas Convention Act. For several years prior to the rule, the 
United States did not fully harvest its available North Atlantic 
swordfish quota. This final rule increased swordfish retention limits 
for Incidental swordfish permit holders, and modified recreational 
swordfish retention limits for HMS Charter/Headboat and Angling 
category permit holders. It also modified HMS limited access vessel 
upgrading restrictions for vessels concurrently issued certain HMS 
permits. These actions were necessary to address persistent under-
harvest of the domestic North Atlantic swordfish quota, while 
continuing to minimize bycatch to the extent practicable, so that 
swordfish are harvested in a sustainable, yet economically viable 
manner.
    9. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Observer Program. RIN 0648-AU58 (72 FR 32559; June 13, 2007). NMFS 
issued a final rule to amend regulations implementing the North Pacific 
Groundfish Observer Program. This action was necessary to avoid 
expiration of these regulations on December 31, 2007, and ensure 
uninterrupted observer coverage in North Pacific groundfish fisheries. 
This action was intended to promote 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 Northeastern United States; Atlantic Sea 
Scallop Fishery; Amendment 13. RIN 0648-AV39 (72 FR 32549; June 13, 
2007).

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NMFS issued a final rule to implement Amendment 13 to the Atlantic Sea 
Scallop FMP. Amendment 13 was developed by the New England Fishery 
Management Council to permanently re-activate the industry funded 
observer program in the Scallop FMP through a scallop total allowable 
catch and days-at-sea (DAS) set-a-side program that helps vessel owners 
defray the cost of carrying observers. The following observer program 
management measures were implemented by this rule: Requirements for 
becoming an approved observer service provider; observer certification 
and decertification criteria; and notification requirements for vessel 
owners and/or operators. This action also required scallop vessel 
owners, operators, or vessel managers to procure certified fishery 
observers for specified scallop fishing trips from an approved observer 
service provider. Additionally, this action allowed adjustments to the 
observer program to be done through framework action.
    11. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan. RIN 0648-AU90 (72 
FR 34632; June 25, 2007). NMFS issued a final rule to revise 
regulations implementing the Atlantic Large Whale Take Reduction Plan 
by expanding the Southeast U.S. Restricted Area and modifying 
regulations pertaining to gillnetting within the Southeast U.S. 
Restricted Area. NMFS prohibits gillnet fishing or gillnet possession 
during annual restricted periods associated with the right whale 
calving season. Limited exemptions to the fishing prohibitions are 
provided for gillnet fishing for sharks and for Spanish mackerel south 
of 29[deg]00' N. lat. An exemption to the possession prohibition is 
provided for transiting through the area if gear is stowed in 
accordance with this final rule. This action was required to meet the 
goals of the Marine Mammal Protection Act and the Endangered Species 
Act (ESA). This action was necessary to protect northern right whales 
from serious injury or mortality from entanglement in gillnet gear in 
their calving area in Atlantic Ocean waters off the Southeast U.S.
    12. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Observer Program. RIN 0648-AV13 (72 FR 36896; July 6, 2007). NMFS 
issued a final rule to amend regulations supporting the North Pacific 
Groundfish Observer Program. This action was necessary to revise 
requirements for the facilitation of observer data transmission and 
improve inseason support for observers. This action 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.
    13. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Gulf of Alaska Fishery Resources. RIN 0648-AT71 (72 FR 37678; July 11, 
2007). NMFS issued this final rule for the Central Gulf of Alaska 
rockfish fisheries to revise monitoring and enforcement provisions 
related to catcher/processor vessels harvesting under the opt-out 
fishery, and to make changes to regulations governing the rockfish 
fisheries. This action was necessary to clarify procedures and to 
correct discrepancies in a November 20, 2006, final rule. This final 
rule was intended to promote the goals and objectives of the FMP for 
Groundfish of the Gulf of Alaska, the MSA, and other applicable law.
    14. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Summer 
Flounder, Scup, and Black Sea Bass FMP; Amendment 14. RIN 0648-AS22 (72 
FR 40077; July 23, 2007). NMFS issued this final rule to implement 
Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass FMP 
developed by the Mid-Atlantic Fishery Management Council. The measures 
of Amendment 14 included a plan to rebuild the scup stock from an 
overfished condition to the level associated with maximum sustainable 
yield, as required by the MSA. This action allowed the regulations 
concerning the Gear Restricted Areas (GRAs) to be modified through 
framework adjustments to the FMP. The intended effect of this change 
was to improve the timing of developing and implementing modifications 
to the GRAs.
    15. Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Fisheries; Regulatory Amendment to Reconcile 
State and Federal Commercial Fishing Vessel Permit Programs. RIN 0648-
AU51 (72 FR 43188; August 3, 2007). NMFS issued this final rule to 
implement regulations to modify the permitting and vessel replacement 
provisions for Federal limited access permit programs of the 
Northeastern United States, excluding American lobster. This action was 
intended to prevent fishing effort beyond what is accounted for in the 
FMPs for each fishery and to reinforce efforts undertaken by state 
fishery management agencies at targeting regulations specifically for 
vessels that participate wholly in state water fisheries. These 
measures were necessary to meet the conservation and management 
requirements of the MSA.
    16. Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program; Community Development Quota Program. RIN 0648-
AS84 (72 FR 44795; August 9, 2007). NMFS issued this final rule to 
implement modifications to the Individual Fishing Quota (IFQ) Program 
for the fixed-gear commercial Pacific halibut fishery and sablefish 
fishery by revising regulations specific to those fisheries. This 
action was intended to improve the effectiveness of the Halibut and 
Sablefish IFQ Program and was necessary to promote the objectives of 
the MSA and the Northern Pacific Halibut Act of 1982 with respect to 
the IFQ fisheries.
    17. Antarctic Marine Living Resources (AMLR); Centralized Vessel 
Monitoring System; Preapproval of Fresh Toothfish Imports; Customs 
Entry Number; Electronic Catch Documentation Scheme; Scientific 
Observers; Definitions; Seal Excluder Device; Information on Harvesting 
Vessels. RIN 0648-AS75 (72 FR 48496; August 23, 2007). NMFS issued this 
final rule implementing measures adopted by the Commission for the 
Conservation of Antarctic Marine Living Resources (CCAMLR) to 
facilitate conservation and management of AMLR. This final rule 
required the use of the Centralized satellite-linked VMS by all U.S. 
vessels harvesting AMLR and made use of VMS by the harvesting vessel a 
condition of import for all U.S. dealers seeking to import shipments of 
toothfish (Dissostichus) into the United States. This final rule also 
exempted all shipments of fresh toothfish from the NMFS preapproval 
process and allowed importers of frozen toothfish to submit the U.S. 
Customs 7501 entry number subsequent to their initial application for 
preapproval. This final rule required the use of Electronic Catch 
Documents for all U.S. dealers seeking to import shipments of toothfish 
into the United States. Paper-based catch documents for toothfish will 
no longer be accepted. This final rule also required the use of a seal 
excluder device on krill vessels using trawl gear in the Area of the 
Convention for the Conservation of Antarctic Marine Living Resources. 
This final rule added or amended definitions of ``Antarctic marine 
living resources'', ``export,'' ``import,'' ``international observer,'' 
``land or landing,'' ``mobile transceiver unit,'' ``national 
observer,'' ``Office for Law Enforcement,'' ``Port State,'' ``re-
export,'' ``seal excluder device,'' ``transship or transshipment,'' and 
``vessel monitoring system.'' This final rule also expanded the list of

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requirements and prohibitions regarding scientific observers and 
clarified the duties and responsibilities of the observers on the 
vessels and of the vessel owners hosting the observers. This final rule 
identified new information on all vessels licensed by CCAMLR Members to 
harvest AMLR in the area identified in the Convention on the 
Conservation of Antarctic Marine Living Resources (Convention). The 
intent of this rule was to incorporate new conservation measures, to 
revise procedures to facilitate enforcement, and to fulfill U.S. 
obligations in CCAMLR.
    18. Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Cod Allocations in the Bering Sea and Aleutian Islands Management Area. 
RIN 0648-AU48 (72 FR 50788; September 4, 2007). NMFS issued a final 
rule to implement Amendment 85 to the FMP for Groundfish of the Bering 
Sea and Aleutian Islands Management Area as partially approved by NMFS, 
and to implement recent changes to the MSA. This final rule modified 
the current allocations of Bering Sea and Aleutian Islands management 
area (BSAI) Pacific cod total allowable catch among various harvest 
sectors and seasonal apportionments thereof, established a hierarchy 
for reallocating projected unharvested amounts of Pacific cod from 
certain sectors to other sectors, revised catcher/processor (CP) sector 
definitions, modified the management of Pacific cod incidental catch 
that occurs in other groundfish fisheries, eliminated the Pacific cod 
non-specified reserve, subdivided the annual prohibited species catch 
(PSC) limits currently apportioned to the Pacific cod hook-and-line 
gear fisheries between the catcher vessel and CP sectors, and modified 
the sideboard restrictions for American Fisheries Act CP vessels. In 
addition, this final rule increased the percentage of the BSAI Pacific 
cod total allowable catch apportioned to the Community Development 
Quota Program. The proposed rule for Amendment 85 included regulations 
that would have subdivided the annual PSC limits currently apportioned 
to the Pacific cod trawl fisheries among trawl sectors. However, NMFS 
disapproved these regulations. Therefore, this final rule did not 
subdivide the annual PSC limits for Pacific cod trawl fisheries among 
trawl sectors. This final rule was necessary to implement Amendment 85 
and reduce uncertainty about the availability of yearly harvests within 
sectors caused by reallocations and maintain stability among sectors in 
the BSAI Pacific cod fishery. This final rule also was necessary to 
partially implement recent changes to the MSA that require a total 
allocation of 10.7 percent of the total allowable catch of each 
directed fishery to the Community Development Quota Program starting 
January 1, 2008. This final rule was intended to promote the goals and 
objectives of the MSA, the FMP, and other applicable laws.
    19. Pacific Coast Groundfish Fishery. RIN 0648-AV46 (72 FR 50906; 
September 5, 2007). NMFS issued a final rule to establish catch 
accounting requirements for persons who receive, buy, or accept Pacific 
whiting deliveries of 4,000 pounds (lb.)(1.18 mt) or more from vessels 
using mid-water trawl gear during the Pacific whiting primary season 
for the shore-based sector. This action was intended to improve NMFS's 
ability to effectively monitor the Pacific whiting shoreside fishery 
such that catch of Pacific whiting and incidentally caught species, 
including overfished groundfish species, did not result in a species' 
optimum yield, harvest guideline, allocations, or bycatch limits being 
exceeded. This action was also intended to provide for timely reporting 
of Chinook salmon take as specified in the ESA Section 7 Biological 
Opinion for Chinook salmon catch in the Pacific groundfish fishery. 
This action was consistent with the conservation goals and objectives 
of the Pacific Coast Groundfish FMP.
    20. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery; Framework Adjustment 1. RIN 0648-
AT62 (72 FR 51699; September 11, 2007). This final rule implemented 
Framework Adjustment 1 (FW 1) to the Atlantic Surfclam and Ocean Quahog 
FMP. FW 1 management measures were developed by the Mid-Atlantic 
Fishery Management Council and implemented a VMS requirement for 
vessels participating in the surfclam and ocean quahog fisheries. The 
VMS requirement replaced a telephone-based notification requirement 
necessary prior to departure on a surfclam or ocean quahog fishing trip 
and facilitated monitoring of closed areas and state/Federal 
jurisdictional boundaries. The intent of this action was to implement 
management measures that will improve the management and enforcement of 
regulations governing the Atlantic surfclam and ocean quahog fishery in 
the U.S. Exclusive Economic Zone.
    21. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea/Aleutian Islands Fishery Resources; American Fisheries Act 
Sideboards. RIN 0648-AU68 (72 FR 52668; September 14, 2007). NMFS 
issued a final rule to implement Amendment 80 to the FMP for Groundfish 
of the Bering Sea and Aleutian Islands Management Area. Amendment 80 
(hereinafter the ``Program'') primarily allocated several BSAI non-
pollock trawl groundfish fisheries among fishing sectors, and 
facilitated the formation of harvesting cooperatives in the non-
American Fisheries Act trawl catcher/processor sector. The Program 
established a limited access privilege program for the non-American 
Fisheries Act trawl catcher/processor sector. This action was necessary 
to increase resource conservation and improve economic efficiency for 
harvesters who participate in the BSAI groundfish fisheries. This 
action was intended to promote the goals and objectives of the MSA, the 
FMP, and other applicable law.
    22. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Framework Adjustment 4. RIN 0648-AU34 (72 FR 53942; September 
21, 2007). NMFS implemented management measures for the monkfish 
fishery approved in Framework Adjustment 4 to the Monkfish FMP. This 
framework eliminated the control rule for determining management 
measures established by Framework Adjustment 2 to the FMP, and 
established target total allowable catch levels, trip limits, and days-
at-sea allocations for the final 3 years of the monkfish rebuilding 
plan. The intent of this action was to replace the Framework 2 control 
rule with measures consistent with the stock rebuilding goals 
established in the original FMP, and in accordance with MSA 
requirements. NMFS published this action as an interim final rule in 
order to provide the opportunity for additional public comment because 
the approval of Framework 4 was based, in part, on the consideration of 
the integrated monkfish stock assessment, which was not available 
during the original public comment period. This action also contained 
three changes to address incorrect cross-references or duplicate 
regulatory text.
    23. Fishing Capacity Reduction Program for the Longline Catcher 
Processor Subsector of the Bering Sea and Aleutian Islands Non-pollock 
Groundfish Fishery, Industry Fee System. RIN 0648-AV66 (72 FR 54219; 
September 24, 2007). NMFS established regulations to implement an 
industry fee system for repaying a $35 million Federal loan financing a 
fishing capacity reduction program in the longline

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catcher processor subsector of the Bering Sea and Aleutian Islands non-
pollock groundfish fishery. This action implemented the fee collection 
system to ensure repayment of the loan.
    24. Atlantic Coastal Fisheries Cooperative Management Act 
Provisions; American Lobster Fishery. RIN 0648-AU07 (72 FR 56935; 
October 5, 2007). NMFS amended the Federal American lobster (Homarus 
americanus) regulations to implement further minimum carapace length 
(gauge) increases, an escape vent size increase, and trap reductions in 
the offshore American lobster fishery, consistent with recommendations 
for Federal action made by the Atlantic States Marine Fisheries 
Commission and in support of the Commission's Interstate FMP for 
American Lobster.
    25. Atlantic Highly Migratory Species; Atlantic Swordfish Quotas. 
RIN 0648-AV10 (72 FR 56929; October 5, 2007). This final rule amended 
the regulations governing the North and South Atlantic swordfish 
fisheries to implement two recommendations by the International 
Commission for the Conservation of Atlantic Tuna (Recommendations 06-02 
and 06-03). These recommendations established baseline quotas for North 
and South Atlantic swordfish, respectively, and set caps on 
underharvest carryover. Additionally, recommendation 06-02 allows a 
contracting party (CPC) with a total allowable catch allocation to make 
a transfer within a fishing year of up to 15 percent of its baseline 
allocation to other CPCs with total allowable catch allocations, as 
long as the transfer is conducted in a manner that is consistent with 
domestic obligations and conservation considerations. This final rule 
transferred 15 percent of the North Atlantic swordfish baseline quota 
into the reserve category, which allows it to be transferred to other 
CPCs with total allowable catch allocations. In addition, this final 
rule modified the North and South Atlantic swordfish quotas for the 
2006 fishing year to account for updated landings information from the 
2004 and 2005 fishing years. Finally, this final rule included the 
option of an Internet Web site as an additional method for complying 
with the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category's 24-hour reporting requirement. Reporting was done by 
telephone only. This rule will remain in effect until ICCAT provides 
new recommendations for the U.S. swordfish fisheries.
    26. Fisheries in the Western Pacific; Precious Corals Fisheries. 
RIN 0648-AT93 (72 FR 58259; October 15, 2007). Black coral resources in 
the Au'au Channel, Hawaii, have declined, possibly due to fishing 
pressure and an alien invasive soft coral. Fishing regulations required 
minimum sizes for the harvest of living black coral colonies of 48 
inches (122 cm) in height or one inch (2.54 cm) in stem diameter. 
Regulations also exempted certain fishermen from the minimum stem 
diameter requirement, allowing the harvest of black coral with a 
smaller \3/4\ inch (1.91 cm) stem diameter by anyone who had reported 
black coral harvests to the State of Hawaii within the five years prior 
to April 17, 2002. This final rule removed that exemption to reduce the 
impacts of fishing on Au'Au Channel black coral resources.
    27. Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Bycatch Management. RIN 0648-AU03 (72 FR 61070; October 29, 
2007). NMFS amended regulations governing salmon bycatch in the Bering 
Sea and Aleutian Islands management area. This action was necessary to 
enhance the effectiveness of salmon bycatch measures by exempting 
pollock vessels from Chinook and Chum Salmon Savings Area closures if 
they participate in an intercooperative agreement (ICA) to reduce 
salmon bycatch, and exempting vessels participating in non-pollock 
trawl fisheries from Chum Salmon Savings Area closures because these 
fisheries intercept minimal amounts of salmon. This action was intended 
to promote the goals and objectives of the FMP for Groundfish of the 
Bering Sea and Aleutian Islands Management Area.
    28. 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, Essential Fish 
Habitat Rule Correction. RIN 0648-AU93 (72 FR 63500; November 9, 2007). 
NMFS issued a final rule to correct regulations implementing EFH 
provisions for Alaska fisheries. This final rule clarified that 
portions of EFH management areas in the vicinity of the Aleutian 
Islands are located in State of Alaska waters. This rule also applied 
EFH VMS and closure requirements to federally permitted vessels 
operating in State waters adjacent to the Gulf of Alaska and Aleutian 
Islands subarea. This action was necessary to ensure that federally 
permitted vessels operating in State waters comply with EFH protection 
measures.
    29. Fisheries off West Coast States; Pacific Coast Groundfish 
Fishery; Vessel Monitoring System; Open Access Fishery. RIN 0648-AU08 
(72 FR 69162; December 7, 2007). NMFS issued this final rule to require 
all vessels fishing pursuant to the harvest guidelines, quotas, and 
other management measures governing the open access groundfish fishery, 
and all trawl vessels to provide declaration reports and to activate 
and use a VMS transceiver while fishing off the coasts of Washington, 
Oregon and California. NMFS implemented a series of large-scale 
geographically-defined closed areas intended to: minimize the bycatch 
of overfished groundfish species, minimize the bycatch of protected 
salmon species, and protect EFH from harm through contact with fishing 
gear. This action was intended to improve the monitoring of compliance 
with those closed areas through regular VMS transmissions of vessel 
locations for those vessels subject to groundfish closed area 
restrictions.
    30. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
and Halibut Fisheries of the Bering Sea and Aleutian Islands Management 
Area and Gulf of Alaska, Seabird Avoidance Measures Revisions. RIN 
0648-AV38 (72 FR 71601; December 18, 2007). NMFS issued a final rule 
that revised the seabird avoidance measures for the Alaska hook-and-
line groundfish and halibut fisheries. The final rule strengthened gear 
standards for small vessels and eliminates certain seabird avoidance 
requirements that are not needed. This action was necessary to revise 
seabird avoidance measures based on the latest scientific information 
and to reduce unnecessary regulatory burdens and associated costs.
    31. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Framework Adjustment 20. RIN 0648-AV91 (72 FR 72626; 
December 21, 2007). NMFS issued this final rule to approve and 
implement measures contained in Framework Adjustment 20 (Framework 20) 
to the Atlantic Sea Scallop FMP. This action maintained the trip 
allocations and possession limits established by the interim measures 
that were enacted by NMFS on June 21, 2007, for the Elephant Trunk 
Access Area (ETAA) in 2007 to reduce the potential for overfishing the 
Atlantic sea scallop (scallop) resource and excessive scallop 
mortality. This action reduced the number of scallop trips to the ETAA, 
and prohibited the retention of more than 50 U.S. bushels (17.62 hL) of 
in-shell scallop outside of the boundaries of the ETAA (deckloading). 
The action also clarified that the current restriction on landing no 
more than one scallop trip per calendar day for vessels fishing under 
general category rules does not prohibit a vessel from leaving on a 
scallop trip on the same calendar day that the vessel landed scallops.

[[Page 53156]]

    32. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Revision of VMS Requirements for Commercial Gulf Reef Fish Vessels. RIN 
0648-AV59 (72 FR 73270; December 27, 2007). NMFS issued this final rule 
to revise VMS requirements applicable to the commercial reef fish 
fishery in the Gulf of Mexico and to revise the allowable methods for 
complying with the advance notification of landing requirement in the 
Gulf red snapper IFQ program. Regarding the VMS program, this final 
rule allowed commercial reef fish vessel owners or operators to reduce 
the frequency of VMS transmissions while in port; extended the existing 
power down exemption to include reef fish vessels while in port; and 
added a grandfather clause to address VMS units approved for use in the 
Gulf reef fish fishery. Regarding the IFQ program, this final rule 
expanded the allowable methods for communicating the required advance 
notification of landing. The intended effects of this final rule were 
to resolve an unanticipated technological problem with the VMS draining 
power from vessels that were in port without access to external power 
sources; provided a grandfather clause for previously approved Gulf 
reef fish VMS units; and facilitated compliance with the advance 
notification of landing requirement in the IFQ program. Finally, NMFS 
informed the public of the approval by the OMB of the collection-of 
information requirements contained in this final rule and published the 
OMB control numbers for those collections.
    33. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Gulf of Mexico Vermilion Snapper Fishery Management Measures. RIN 0648-
AV45 (73 FR 406; January 3, 2008). 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 reduced the minimum size limit for vermilion 
snapper to 10 inches (25.4 cm) total length, eliminated the 10-fish 
recreational bag limit for vermilion snapper within the existing 20-
fish aggregate reef fish bag limit, and eliminated the 40-day 
commercial closed season for vermilion snapper (from April 22 through 
May 31 each year). NMFS also implemented through this rule 
clarifications for the Gulf of Mexico red snapper IFQ program, as well 
as non-substantive changes to codified text, including removing 
obsolete language regarding the use of fish traps in the Gulf of 
Mexico, removing outdated and redundant language, revising phone 
numbers and an outdated definition, and revising incorrect references. 
The intended effects of this final rule were to help achieve optimum 
yield by reducing vermilion snapper harvest limitations consistent with 
the findings of the recent stock assessment and to clarify and update 
existing regulations.
    34. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 
27/14. RIN 0648-AT87 (73 FR 5117; January 29, 2008). NMFS issued this 
final rule to implement joint Amendment 27 to the FMP for the Reef Fish 
Resources of the Gulf of Mexico and Amendment 14 to the FMP for the 
Shrimp Fishery of the Gulf of Mexico (Amendment 27/14) prepared by the 
Gulf of Mexico Fishery Management Council. This final rule reduced the 
commercial and recreational quotas for red snapper; reduced the 
commercial minimum size limit for red snapper, reduced the recreational 
bag limit for red snapper; prohibited the retention of red snapper 
under the bag limit for the captain and crew of a vessel operating as a 
charter vessel or headboat; established a red snapper recreational 
season that is open from June 1 through September 30 each year; 
required the use of non-stainless steel circle hooks when using natural 
baits to fish for Gulf reef fish; required the use of venting tools and 
de-hooking devices when participating in the commercial or recreational 
reef fish fisheries, and, consistent with the Amendment's framework 
procedure, provided for implementing seasonal closures of the Gulf 
shrimp fishery to reduce red snapper bycatch based upon the 74 percent 
bycatch reduction target established in this final rule. In addition, 
this final rule established a framework procedure to adjust the target 
effort level and any necessary closures for the Gulf shrimp fishery. 
The measures contained in this final rule are intended to establish a 
revised red snapper rebuilding plan and to end overfishing of the red 
snapper resource in the Gulf of Mexico.
    35. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Atlantic Group Spanish Mackerel Commercial Trip Limit in the 
Southern Zone; Change in Start Date. RIN 0648-AV17 (73 FR 7676; 
February 11, 2008). In accordance with the framework procedure for 
adjusting management measures of the FMP for the Coastal Migratory 
Pelagic Resources of the Gulf of Mexico and South Atlantic, NMFS 
changed the start date of the commercial trip limit for Atlantic 
migratory group Spanish mackerel in the southern zone to March 1. The 
intended effect of this final rule was to conform the trip limit to the 
beginning of the fishing year for Atlantic migratory group Spanish 
mackerel.
    36. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fisheries of the Gulf of Mexico; Revisions to Bycatch Reduction 
Devices and Testing Protocols. RIN 0648-AU59 (73 FR 8219; February 13, 
2008). In accordance with the framework procedures for adjusting 
management measures specified in regulations implementing the FMP for 
the Shrimp Fishery of the Gulf of Mexico and the FMP for the Shrimp 
Fishery of the South Atlantic Region, NMFS issued this final rule to 
consolidate and make modifications to the Bycatch Reduction Device 
Testing Manuals (Manual) for the Gulf of Mexico and the South Atlantic 
regions. This final rule also revised the bycatch reduction device 
(BRD) certification criterion for the western Gulf of Mexico and 
certified additional BRDs. The intended effect of this final rule was 
to improve bycatch reduction in the shrimp fisheries and better meet 
the requirements of national standard 9.
    37. Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program. RIN 0648-AU85 (73 FR 8822; February 15, 2008). 
NMFS issued a final rule to modify the IFQ Program for the fixed-gear 
commercial Pacific halibut fishery and sablefish fishery by revising 
regulations governing the use of commercial halibut quota share (QS) 
and the processing of non-IFQ species when processed halibut is onboard 
a vessel. This action amended current regulations to allow persons 
holding category A halibut QS to process IFQ regardless of whether a QS 
holder with unused category B, C, or D halibut QS is onboard the 
vessel. This action also allowed catcher/processor vessels to process 
non-IFQ species regardless of whether any processed IFQ species is 
onboard the vessel. This action was necessary to improve the efficiency 
of fishermen fishing on catcher/processor vessels. The action was 
intended to allow halibut QS holders greater flexibility in using their 
QS, allow use of crew who hold unused category B, C, or D halibut QS 
while onboard a category A halibut QS vessel, and increase the product 
quality of non-IFQ species harvested incidentally to IFQ halibut.
    38. Fisheries of the Exclusive Economic Zone Off Alaska; 
Groundfish, Crab, Scallop, and Salmon Fisheries of the Bering Sea and 
Aleutian Islands

[[Page 53157]]

Management Area. RIN 0648-AV62 (73 FR 9035; February 19, 2008). NMFS 
issued a final rule that implements Amendment 88 to the FMP for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. This 
amendment revised the Aleutian Islands Habitat Conservation Area 
(AIHCA) boundary to allow non-pelagic trawling in an area historically 
fished and to prohibit non-pelagic trawling in an area of known coral 
and sponge occurrence. This action was necessary to ensure the AIHCA 
protects areas of coral and sponge habitat from the potential effects 
of non-pelagic trawling and allows non-pelagic trawling in areas 
historically fished and with unknown occurrence of corals and sponges.
    39. Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Bycatch Management. RIN 0648-AV96 (73 FR 12898; March 11, 
2008). NMFS issued a final rule to repeal regulations providing for a 
groundfish vessel incentive program (VIP) that was designed to reduce 
the rate at which Pacific halibut and red king crab are taken as 
incidental catch in Alaska groundfish trawl fisheries. The VIP had not 
performed as intended because of the costs associated with 
implementation and enforcement, the relatively small number of vessels 
covered by the regulation, and the implementation of more effective 
bycatch reduction programs. This action was necessary to reduce a 
regulatory burden on the industry and to reduce the administrative 
costs necessary to support a program no longer considered an effective 
means to reduce bycatch rates.
    40. Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; Management Measures in the Main Hawaiian Islands. 
RIN 0648-AU22 (73 FR 18450; April 4, 2008). This final rule implemented 
management measures for the vessel-based bottomfish fishery in the Main 
Hawaiian Islands, including requirements for non-commercial 
(recreational and subsistence) permits and data reporting, a closed 
season, annual total allowable catch limits, and non-commercial bag 
limits. This action was intended to end the overfishing of bottomfish 
in the Hawaiian Archipelago.
    41. Endangered and Threatened Wildlife; Sea Turtle Conservation. 
RIN 0648-AV84 (73 FR 18984; April 8, 2008). NMFS issued this final rule 
to clarify the existing sea turtle conservation requirements for sea 
scallop dredge vessels entering waters south of 41[deg]9.0' N. latitude 
from May 1 through November 30 each year and to add a transiting 
provision to the requirements. Any vessel with a sea scallop dredge and 
required to have a Federal Atlantic sea scallop fishery permit, 
regardless of dredge size or vessel permit category, that enters waters 
south of 41[deg]9.0' N. latitude, from the shoreline to the outer 
boundary of the Exclusive Economic Zone (EEZ) must have a chain mat on 
each dredge, unless the terms of the transiting provision are met. The 
chain-mat modified dredge 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 ESA. This action addressed 
a procedural error in the original rulemaking to require chain mats on 
scallop dredge gear, clarified the existing requirements, and added a 
transiting provision to the regulations. Any incidental take of 
threatened sea turtles in sea scallop dredge gear in compliance with 
this gear modification requirement and all other applicable 
requirements were be exempted from the ESA's take prohibition.
    42. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Amendment 11. RIN 0648-AU32 (73 FR 20090; April 14, 
2008). NMFS implemented the approved measures contained in Amendment 11 
to the Atlantic Sea Scallop FMP, developed by the New England Fishery 
Management Council. Amendment 11 was developed by the Council to 
control the capacity of the open access general category fleet. 
Amendment 11 established a new management program for the general 
category scallop fishery, including a limited access program with IFQs 
for qualified general category vessels, a specific allocation for 
general category fisheries, and other measures to improve management of 
the general category scallop fishery.
    43. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Framework Adjustment 5 to the Monkfish FMP. RIN 0648-AW33 (73 
FR 22831; April 28, 2008). NMFS approved and implemented new management 
measures for the monkfish fishery recommended in Framework Adjustment 5 
to the Monkfish FMP, which were submitted jointly by the New England 
and Mid-Atlantic Fishery Management Councils. This action approved and 
implemented revised biological reference points in the FMP to be 
consistent with the recommendations resulting from the most recent 
stock assessment for this fishery (Northeast Data Poor Stocks Working 
Group (DPWG, July 2007)), and approved and implemented revised 
management measures to ensure that the monkfish management program 
succeeded in keeping landings within the target total allowable catch 
levels.
    44. Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program; Community Development Quota Program. RIN 0648-
AV64 (73 FR 28733; May 19, 2008). NMFS issued a final rule to modify 
the IFQ Program and the Community Development Quota Program for the 
fixed-gear commercial Pacific halibut and sablefish fisheries. This 
action amended current regulations to allow the use of longline pot 
fishing gear in the Bering Sea sablefish IFQ and sablefish Community 
Development Quota fisheries in the month of June. This action also 
added regulatory provisions to allow members of the National Guard and 
military reserves who are mobilized to active duty to temporarily 
transfer their annual halibut and sablefish IFQ to other eligible IFQ 
recipients. This final rule was necessary to increase the efficiency of 
fishermen operating longline pot vessels in the Bering Sea sablefish 
fishery and to allow guardsmen and reservists to accrue some economic 
benefit from their annual IFQ if unable to harvest it due to military 
service. This action was intended to promote the conservation and 
management provisions in the FMP for Groundfish of the Bering Sea and 
Aleutian Islands Management Area and the Northern Pacific Halibut Act 
of 1982.
    45. Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Framework Adjustment 19. RIN 0648-AV90 (73 FR 30790; 
May 29, 2008). NMFS implemented measures included in Framework 
Adjustment 19 (Framework 19) to the Atlantic Sea Scallop FMP, which was 
developed by the New England Fishery Management Council. Framework 19 
was developed to achieve the following management measures for the 
scallop fishery: Limited access scallop fishery specifications for 2008 
and 2009 (open area days-at-sea and Sea Scallop Access Area (access 
area) trip allocations); ETAA and Delmarva Access Area (Delmarva) in-
season trip adjustment procedures; new Hudson Canyon Access Area 
measures; DAS allocation adjustment measures if an access area 
yellowtail flounder (yellowtail) total allowable catch is caught; 
adjustments to the scallop overfishing definition; a prohibition on 
deckloading of scallops on access area trips; adjustments to the 
industry funded observer program; a 30-day VMS power down provision; 
general category access area specifications for 2008 and 2009; and

[[Page 53158]]

general category measures dependent on the implementation of Amendment 
11 to the FMP, including a quarterly total allowable catch, 2008 and 
2009 general category quota allocations, and IFQ permit cost recovery 
program requirements. NMFS disapproved the Council's recommendation to 
eliminate the September 1 through October 31 ETAA seasonal closure, 
which was implemented under Framework 18 to the FMP to reduce sea 
turtle interactions with the scallop fishery. NMFS determined that the 
Council's recommendation would not be consistent with National 
Standards 2 and 9 of the MSA.
    46. International Fisheries; Atlantic Highly Migratory Species; 
International Trade Permit Program; Bluefin Tuna Catch Documentation 
Program. RIN 0648-AU88 (73 FR 31380; June 2, 2008). NMFS modified 
permitting and reporting requirements for the HMS International Trade 
Permit (ITP) program to improve program efficacy and enforceability, 
and implement the International Commission for the Conservation of 
Atlantic Tunas bluefin tuna catch documentation program. The modified 
regulations also implemented the new definition of ``import'' contained 
in the MSA, and required that shark fin importers, exporters, and re-
exporters obtain the HMS ITP to assist NMFS in monitoring trade of 
shark fins. This action was necessary to implement recommendations of 
ICCAT, as required by the Atlantic Tunas Convention Act, and to achieve 
domestic management objectives under the MSA.
    47. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Scallop Dredge Exemption Areas; Addition of 
Monkfish Incidental Catch Trip Limits. RIN 0648-AW31 (73 FR 33922; June 
16, 2008). This action modified the regulations implementing the 
Northeast Multispecies FMP to create three NE Multispecies Scallop 
Exemptions that were identical to the current scallop exemptions, 
except for the addition of an incidental monkfish catch limit. These 
new scallop exemptions were restricted to vessels issued either a 
General Category Atlantic sea scallop permit or a limited access 
Atlantic sea scallop permit (when not fishing under a scallop DAS 
limitation), when fishing for scallops with small dredge gear (combined 
width not to exceed 10.5 ft (3.2 m)). Vessels that land an incidental 
catch of monkfish within these new scallop exemptions are required to 
possess, and have onboard, a valid limited access monkfish permit, or 
an open access monkfish Incidental Catch permit. The intent of this 
action was to allow small scallop dredge vessels to land monkfish that 
are currently being discarded, consistent with the bycatch reduction 
objectives of the FMP and National Standard 9 of the MSA.
    48. Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program. 0648-AW45 (73 FR 
35084; June 20, 2008). NMFS issued regulations implementing Amendment 
26 to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs. 
These regulations amended the Crab Rationalization Program. Amendment 
26 amended the FMP to exempt permanently quota share issued to crew 
members, and the annual harvest privileges derived from that quota 
share, from requirements for delivery to specific processors, delivery 
within specific geographic regions, and participation in an arbitration 
system to resolve price disputes. This action was intended to promote 
the goals and objectives of the MSA, the FMP, and other applicable law.
    49. Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures. 0648-AU89 (73 FR 35778; June 24, 2008). This final rule 
implemented the management measures described in Final Amendment 2 to 
the Atlantic HMS FMP. These management measures were designed to 
rebuild overfished species and prevent overfishing of Atlantic sharks. 
These measures include, but are not limited to, reductions in the 
commercial quotas, adjustments to commercial retention limits, 
establishment of a shark research fishery, a requirement for commercial 
vessels to maintain all fins on the shark carcasses through offloading, 
the establishment of two regional quotas for non-sandbar large coastal 
sharks, the establishment of one annual season for commercial shark 
fishing instead of trimesters, changes in reporting requirements for 
dealers (including swordfish and tuna dealers), the establishment of 
additional time/area closures for bottom longline fisheries, and 
changes to the authorized species for recreational fisheries. This rule 
also established the 2008 commercial quota for all Atlantic shark 
species groups. These changes affected all commercial and recreational 
shark fishermen and shark dealers on the Atlantic Coast.
    50. Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 9. 0648-AP60 (73 FR 37382; 
July 1, 2008). NMFS implemented approved measures contained in 
Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish FMP. 
Amendment 9 was developed by the Mid-Atlantic Fishery Management 
Council to remedy deficiencies in the FMP and to address other issues 
that have arisen since Amendment 8 to the FMP became effective in 1999. 
Amendment 9 established multi-year specifications for all four species 
managed under the FMP (mackerel, butterfish, Illex squid (Illex), and 
Loligo squid (Loligo)) for up to 3 years; extended the moratorium on 
entry into the Illex fishery, without a sunset provision; adopted 
biological reference points recommended by the Stock Assessment Review 
Committee for Loligo; and designated EFH for Loligo eggs based on best 
available scientific information; and prohibits bottom trawling by 
permitted vessels in Lydonia and Oceanographer Canyons.
    51. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 30A. 0648-AV34 (73 
FR 38139; July 3, 2008). NMFS issued this final rule to implement 
Amendment 30A 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 accountability measures for the commercial and 
recreational fisheries for greater amberjack and gray triggerfish, 
established commercial quotas for greater amberjack and gray 
triggerfish, established a recreational quota for greater amberjack and 
recreational catch limits for gray triggerfish, increased the 
commercial and recreational minimum size limit for gray triggerfish, 
increased the recreational minimum size limit for greater amberjack, 
and reduced the greater amberjack bag limit to zero for captain and 
crew of a vessel operating as a charter vessel or headboat. In 
addition, Amendment 30A established management targets and thresholds 
for gray triggerfish consistent with the requirements of the 
Sustainable Fisheries Act. This final rule was intended to end 
overfishing of greater amberjack and gray triggerfish and to rebuild 
these stocks to sustainable levels.
    52. Atlantic Highly Migratory Species; Renewal of Atlantic Tunas 
Longline Limited Access Permits; Atlantic Shark Dealer Workshop 
Attendance Requirements. 0648-AW46 (73 FR 38144; July 3, 2008). This 
final rule amended the regulations governing the renewal of Atlantic 
tunas longline limited access permits (LAPs), and amended the workshop 
attendance requirements for businesses issued Atlantic shark dealer 
permits. Specifically, the regulatory changes allowed for the renewal 
of Atlantic tunas longline LAPs that have been

[[Page 53159]]

expired for more than one year by the most recent permit holder of 
record, provided that the applicant has been issued a swordfish LAP 
(other than a handgear LAP) and a shark LAP, and all other requirements 
for permit renewal are met. Also, this rule amended the Atlantic Shark 
Identification Workshop requirements by: specifying that a workshop 
certificate be submitted upon permit renewal, and later possessed and 
available for inspection, for each place of business listed on the 
dealer permit which first receives Atlantic sharks by way of purchase, 
barter, or trade (rather than for each location listed on their dealer 
permit); and required that extensions of a dealer's business, such as 
trucks or other conveyances, must possess a copy of a valid dealer or 
proxy certificate issued to a place of business listed on the dealer 
permit.
    53. Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Allowance of New Gear (Haddock Rope Trawl, 
Previously Referred to as the Eliminator Trawl) in Specific Special 
Management Programs. 0648-AW53 (73 FR 40186; July 14, 2008). NMFS 
approved the use of an additional type of trawl gear known as the 
``haddock rope trawl'' (formerly called the ``eliminator trawl'') in 
the Regular B Days-at-Sea Program and the Eastern U.S./Canada Haddock 
Special Access Program (SAP). Vessels fishing in the Regular B DAS 
Program or the Eastern U.S./Canada Haddock SAP must use approved trawl 
gear in order to reduce the catch of Northeast multispecies 
(groundfish) stocks of concern. The NE Regional Administrator, NMFS, 
may approve additional gears for use in these programs if research 
demonstrates that the gear meets specific standards for the reduction 
of catch of stocks of concern. The intent of this action was to reduce 
catch of stocks of concern in the NE multispecies fishery and to 
provide for the conservation and management of stocks managed by the NE 
Multispecies FMP.
    54. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fisheries of the Bering Sea and Aleutian Islands Management Area. 0648-
AW06 (73 FR 43362; July 25, 2008). NMFS issued a final rule that 
implements Amendment 89 to the FMP for Groundfish of the Bering Sea and 
Aleutian Islands Management Area to establish Bering Sea habitat 
conservation measures. Amendment 89 prohibits non-pelagic trawling in 
certain waters of the Bering Sea subarea to protect bottom habitat from 
the potential adverse effects of non-pelagic trawling. Amendment 89 
also established the Northern Bering Sea Research Area for studying the 
impacts of non-pelagic trawling on bottom habitat. This rule was 
necessary to protect portions of the Bering Sea subarea bottom habitat 
from the potential effects of non-pelagic trawling and to provide the 
opportunity to further study the effects of non-pelagic trawling on 
bottom habitat. This action was intended to promote the goals and 
objectives of the MSA, the FMP, and other applicable laws.
    55. Fisheries in the Western Pacific; Precious Corals Fisheries; 
Black Coral Quota and Gold Coral Moratorium. 0648-AV30 (73 FR 47098; 
August 13, 2008). This final rule implemented Amendment 7 to the FMP 
for Precious Coral Fisheries of the Western Pacific Region. The rule 
designated the Au'au Channel, Hawaii, black coral bed as an 
``Established Bed'' with a harvest quota of 5,000 kg every 2 years that 
applies to Federal and State of Hawaii waters, and implemented a 5-year 
moratorium on the harvest of gold coral throughout the U.S. western 
Pacific. This rule was intended to prevent overfishing and achieve 
optimum yields of black coral resources, and to prevent overfishing and 
stimulate research on gold corals.
    56. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Framework Adjustment 6 to the Monkfish FMP. 0648-AW81 (73 FR 
52635; September 10, 2008). NMFS approved and implemented new 
management measures for the monkfish fishery recommended in Framework 
Adjustment 6 (Framework 6) to the Monkfish FMP, which has been 
submitted jointly by the New England and Mid-Atlantic Fishery 
Management Councils. This action eliminated the backstop provision 
adopted in Framework Adjustment 4 to the FMP, which was implemented in 
October 2007. This provision would have adjusted, and possibly closed, 
the directed monkfish fishery in fishing year 2009 if the landings in 
fishing year 2007 exceeded the target total allowable catch by more 
than 30 percent. Given that both stocks were rebuilt according to the 
most recent assessment, the backstop provision was no longer deemed 
necessary.
    57. Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery 
for Halibut. 0648-AX21 (73 FR 52795; September 11, 2008). NMFS withdrew 
regulations that placed limits on charter vessel anglers, including a 
one-halibut daily bag limit in International Pacific Halibut Commission 
Area 2C. The U.S. District Court for the District of Columbia issued a 
Temporary Restraining Order (TRO) on June 10, 2008 (amended on June 13, 
2008), and a Preliminary Injunction (PI) on June 20, 2008, enjoining 
and restraining NMFS from giving any effect to or otherwise taking any 
action to enforce the one-halibut daily bag limit restriction for 
charter vessel anglers. The TRO (as amended) and the PI direct that the 
daily bag limit should revert to the two-fish daily bag limit with one 
fish no more than 32 inches (81.3 cm) head-on length that was in place 
prior to the one-fish daily bag limit. This action ensured that 
regulatory text provided accurate information to the regulated public. 
The intended effect was to make regulatory requirements consistent with 
a duly issued court order.
    58. Atlantic Highly Migratory Species; Atlantic Tuna Fisheries; 
Pelagic and Bottom Longline Fisheries; Gear Authorization and Turtle 
Control Devices. 0648-AV92 (73 FR 54721; September 23, 2008). NMFS 
authorized green-stick gear for the harvest of Atlantic tunas, 
including bluefin tuna, and required a sea turtle control device in 
Atlantic HMS pelagic longline (PLL) and bottom longline fisheries. At 
that time, NMFS was not authorizing harpoon gear for the harvest of 
Atlantic tunas in the HMS Charter/Headboat category as originally 
proposed. The purpose of this final rule was to ensure fishermen 
harvest Atlantic tunas within quotas, size limits, or other established 
limitations and to distinguish green-stick fishing gear from current 
definitions of other authorized gear types. This final rule also 
addressed use of sea turtle control devices in the PLL and bottom 
longline fisheries to achieve and maintain low post-release mortality 
of sea turtles thus maintaining consistency with the 2004 Biological 
Opinion for the Atlantic PLL fishery and to increase safety at sea for 
fishermen when handling sea turtles caught or entangled in longline 
fishing gear. NMFS also revised its list of equipment models that NMFS 
had approved as meeting the minimum design specifications for the 
careful release of sea turtles caught in hook and line fisheries.
    59. Pacific Halibut Fisheries; Subsistence Fishing. 0648-AU14 (73 
FR 54932; September 24, 2008). NMFS issued a final rule to amend the 
subsistence fishery rules for Pacific halibut in waters in and off 
Alaska. These regulations were necessary to address subsistence halibut 
management concerns, particularly in densely populated areas. This 
action was intended to support the conservation and management

[[Page 53160]]

provisions of the Northern Pacific Halibut Act of 1982.
    60. Endangered Fish and Wildlife; Final Rule To Implement Speed 
Restrictions to Reduce the Threat of Ship Collisions With North 
Atlantic Right Whales. 0648-AS36 (73 FR 60173; October 10, 2008). NMFS 
established regulations to implement speed restrictions of no more than 
10 knots applying to all vessels 65 ft. (19.8 m) or greater in overall 
length in certain locations and at certain times of the year along the 
east coast of the U.S. Atlantic seaboard. The purpose of the 
regulations was to reduce the likelihood of deaths and serious injuries 
to endangered North Atlantic right whales that result from collisions 
with ships.
    61. Endangered and Threatened Species; Critical Habitat for 
Threatened Elkhorn and Staghorn Corals. 0648-AU92 (73 FR 64264; October 
29, 2008). NMFS published this final rule to apply all the prohibitions 
enumerated in section 9(a)(1) of the ESA to elkhorn (Acropora palmata) 
and staghorn (A. cervicornis) corals, with limited exceptions for two 
specified classes of activities that contribute to the conservation of 
the listed corals. NMFS determined that extending these prohibitions 
with two exceptions was necessary and advisable to provide for the 
conservation of the species.
    62. General Provisions for Domestic Fisheries; Specifications for 
Boarding Ladders. RIN 0648-AV78 (73 FR 67805; November 17, 2008). NMFS 
published regulations to require operators of domestic fishing vessel 
with a freeboard of four feet or over to provide a U.S. Coast Guard 
approved pilot ladder as a safe and enforceable means for authorized 
personnel to board fishing vessels in carrying out their duties under 
the MSA, the Atlantic Tunas Convention Act, and other applicable 
fisheries laws and treaties. This action was necessary to provide for 
the safety of personnel boarding domestic fishing vessels, as current 
standards have proven to be inadequate. These final regulations 
established a safer and more enforceable national standard for ladders 
used by authorized officers for boarding domestic fishing vessels 
subject to Federal regulation.
    63. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery of the Gulf of Mexico; Revisions to Allowable Bycatch 
Reduction Devices. RIN 0648-AV14 (73 FR 68355; November 18, 2008). In 
accordance with the framework procedures for adjusting management 
measures of the FMP for the Shrimp Fishery of the Gulf of Mexico, NMFS 
issued this final rule to decertify the expanded mesh BRD, the ``Gulf 
fisheye'' BRD, and the ``fisheye'' BRD, as was then specified, for use 
in the Gulf of Mexico shrimp fishery. NMFS also certified a new 
specification for the fisheye device to be used in the Gulf. In 
addition, this final rule incorporated a number of minor revisions 
which remove outdated regulatory text and revise references within 
regulatory text. The intended effect of this final rule was to improve 
bycatch reduction in the shrimp fishery and better meet the 
requirements of national standard 9.
    64. Endangered and Threatened Species; Critical Habitat for 
Threatened Elkhorn and Staghorn Corals. 0648-AV35 (73 FR 72210; 
November 26, 2008). NMFS issued a final rule designating critical 
habitat for elkhorn (Acropora palmata) and staghorn (A. cervicornis) 
corals, which we listed as threatened under the ESA of 1973, as 
amended, on May 9, 2006. Four specific areas were designated: The 
Florida area, which comprises approximately 1,329 square miles (3,442 
sq. km) of marine habitat; the Puerto Rico area, which comprises 
approximately 1,383 square miles (3,582 sq. km) of marine habitat; the 
St. John/St. Thomas area, which comprises approximately 121 square 
miles (313 sq. km) of marine habitat; and the St. Croix area, which 
comprises approximately 126 square miles (326 sq. km) of marine 
habitat. NMFS excluded one military site, comprising approximately 5.5 
square miles (14.3 sq. km), because of national security impacts.
    65. Fisheries in the Western Pacific; Bottomfish and Seamount 
Groundfish Fisheries; Management Measures for the Northern Mariana 
Islands. RIN 0648-AV28 (73 FR 75615; December 12, 2008). This final 
rule established Federal permitting and reporting requirements for all 
commercial bottomfish vessels fishing in the U.S. EEZ around the 
Commonwealth of the Northern Mariana Islands (CNMI). The final rule 
also closed certain EEZ waters around the CNMI to bottomfish fishing by 
vessels over 40 ft. (12.2 m) in length. Vessel monitoring system units 
must be installed on those larger vessels when fishing in EEZ waters 
around the CNMI, and the operators of those larger vessels were 
required to submit Federal sales reports in addition to catch reports. 
This final rule was intended to ensure adequate collection of 
information about the CNMI commercial bottomfish fishery, provide for 
sustained community participation, and maintain a consistent supply of 
locally-caught bottomfish to CNMI markets and seafood consumers. 
Combined, these measures were intended to prevent the depletion of 
bottomfish stocks in the CNMI, and to sustain the fisheries that depend 
on them.
    66. Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King 
and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive 
Economic Zone Off Alaska; Individual Fishing Quota Program; Western 
Alaska Community Development Quota Program; Recordkeeping and 
Reporting; Permits. RIN 0648-AT91 (73 FR 76136; December 15, 2008). 
NMFS issued a final rule that implements new recordkeeping and 
reporting requirements; a new electronic groundfish catch reporting 
system, the Interagency Electronic Reporting System, and its data entry 
component, eLandings; the integration of eLandings with existing 
logbook requirements and future electronic logbooks; a variety of 
fisheries permits provisions and revisions to regulations governing the 
Bering Sea and Aleutian Islands Management Area Crab Rationalization 
Program, including fee calculations; a revision to a Sitka Pinnacles 
Marine Reserve closure provision; and a revision to a groundfish 
observer provision regarding at-sea vessel-to-vessel transfers. This 
action was intended to promote the goals and objectives of the MSA and 
other applicable law.
    67. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Bottlenose Dolphin Take Reduction Plan. RIN 0648-AW68 (73 
FR 77531; December 19, 2008). NMFS issued this final rule amending the 
Bottlenose Dolphin Take Reduction Plan's (BDTRP) implementing 
regulations by extending, for an additional 3 years, fishing 
restrictions expiring on May 26, 2009. This action continued, without 
modification, current nighttime fishing restrictions of medium mesh 
gillnets operating in the North Carolina portion of the Winter-Mixed 
Management Unit during the winter. Medium mesh fishing restrictions 
were extended for an additional 3 years to ensure continued 
conservation of the Western North Atlantic coastal bottlenose dolphin 
stock, should a directed spiny dogfish fishery reemerge in North 
Carolina.
    68. Fisheries of the Exclusive Economic Zone Off Alaska; Revised 
Management Authority for Dark Rockfish in the Bering Sea and Aleutian 
Islands Management Area and the Gulf of Alaska. RIN 0648-AU20 (73 FR 
80307; December 31, 2008). NMFS issued a final rule that implements 
Amendment 73 to the FMP for Groundfish of the Bering Sea and Aleutian 
Islands Management Area and

[[Page 53161]]

Amendment 77 to the FMP for Groundfish of the Gulf of Alaska 
(collectively, Amendments 73/77). Amendments 73/77 remove dark rockfish 
(Sebastes ciliatus) from both FMPs. The State of Alaska assumed 
management of dark rockfish catch by State-permitted vessels in the 
Bering Sea and Aleutian Islands Management Area and the Gulf of Alaska, 
in addition to its existing authority in State waters. This action was 
necessary to allow the State to implement more responsive, regionally 
based management of dark rockfish than is currently possible under the 
FMPs. This action was intended to improve conservation and management 
of dark rockfish and promote the goals and objectives of the MSA, the 
FMPs, and other applicable laws.

    Dated: September 3, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21268 Filed 9-5-14; 8:45 am]
BILLING CODE 3510-22-P