Fall 2017 Semiannual Agenda of Regulations, 1832-1848 [2017-28208]
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1832
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I,
II, III, VII, VIII, IX, and XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 2017 Semiannual Agenda of
Regulations
Office of the Secretary,
Commerce.
ACTION: Semiannual regulatory agenda.
AGENCY:
In compliance with Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review,’’ and the
Regulatory Flexibility Act, as amended,
the Department of Commerce
(Commerce), in the spring and fall of
each year, publishes in the Federal
Register an agenda of regulations under
development or review over the next 12
months. Rulemaking actions are
grouped according to prerulemaking,
proposed rules, final rules, long-term
actions, and rulemaking actions
completed since the spring 2017 agenda.
The purpose of the agenda is to provide
information to the public on regulations
that are currently under review, being
proposed, or issued by Commerce. The
agenda is intended to facilitate
comments and views by interested
members of the public.
Commerce’s fall 2017 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period November 1, 2017,
through October 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information
about specific regulatory actions listed
in the agenda, contact the individual
identified as the contact person.
General: Comments or inquiries of a
general nature about the agenda should
be directed to Asha Mathew, Chief
Counsel for Regulation, Office of the
Assistant General Counsel for
Legislation, Regulation, and Oversight,
U.S. Department of Commerce,
Washington, DC 20230, telephone: 202–
482–3151.
SUPPLEMENTARY INFORMATION: Commerce
hereby publishes its fall 2017 Unified
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SUMMARY:
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Agenda of Federal Regulatory and
Deregulatory Actions pursuant to
Executive Order 12866 and the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. Executive Order 12866 requires
agencies to publish an agenda of those
regulations that are under consideration
pursuant to this order. By memorandum
of August 18, 2017, the Office of
Management and Budget issued
guidelines and procedures for the
preparation and publication of the fall
2017 Unified Agenda. The Regulatory
Flexibility Act requires agencies to
publish, in the spring and fall of each
year, a regulatory flexibility agenda that
contains a brief description of the
subject of any rule likely to have a
significant economic impact on a
substantial number of small entities.
In this edition of Commerce’s
regulatory agenda, a list of the most
important significant regulatory and
deregulatory actions and a Statement of
Regulatory Priorities are included in the
Regulatory Plan, which appears in both
the online Unified Agenda and in part
II of the issue of the Federal Register
that includes the Unified Agenda.
In addition, beginning with the fall
2007 edition, the internet became the
basic means for disseminating the
Unified Agenda. The complete Unified
Agenda is available online at
www.reginfo.gov, in a format that offers
users a greatly enhanced ability to
obtain information from the Agenda
database.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act, Commerce’s
printed agenda entries include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
internet. In addition, for fall editions of
the Agenda, Commerce’s entire
Regulatory Plan will continue to be
printed in the Federal Register.
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Within Commerce, the Office of the
Secretary and various operating units
may issue regulations. Among these
operating units, the National Oceanic
and Atmospheric Administration
(NOAA), the Bureau of Industry and
Security, and the Patent and Trademark
Office, issue the greatest share of
Commerce’s regulations.
A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
NMFS’ programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone of the United
States (EEZ). The EEZ refers to those
waters from the outer edge of the State
boundaries, generally 3 nautical miles,
to a distance of 200 nautical miles. For
fisheries that require conservation and
management measures, eight Regional
Fishery Management Councils
(Councils) prepare Fishery Management
Plans (FMPs) for the fisheries within
their respective areas. Regulations
implementing these FMPs regulate
domestic fishing and foreign fishing
where permitted. Foreign fishing may be
conducted in a fishery in which there is
no FMP only if a preliminary fishery
management plan has been issued to
govern that foreign fishing. In the
development of FMPs, or amendments
to FMPs, and their implementing
regulations, the Councils are required by
law to conduct public hearings on the
draft plans and to consider the use of
alternative means of regulating.
The Council process for developing
FMPs and amendments makes it
difficult for NMFS to determine the
significance and timing of some
regulatory actions under consideration
by the Councils at the time the
semiannual regulatory agenda is
published.
Commerce’s fall 2017 regulatory
agenda follows.
Peter B. Davidson,
General Counsel.
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INTERNATIONAL TRADE ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
158 ....................
Covered Merchandise Referrals From the Customs Service ..........................................................................
0625–AB10
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
159
160
161
162
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163 ....................
164 ....................
165 ....................
166 ....................
167 ....................
168 ....................
169 ....................
170 ....................
171 ....................
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173 ....................
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179
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182
183
184
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185 ....................
Regulation
Identifier No.
Title
Comprehensive Fishery Management Plan for Puerto Rico ...........................................................................
Comprehensive Fishery Management Plan for St. Croix ................................................................................
Comprehensive Fishery Management Plan for St. Thomas/St. John .............................................................
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of
U.S. Purse Seine Fishing With Respect to U.S. Territories.
Omnibus Essential Fish Habitat Amendment 2 ...............................................................................................
Framework Adjustment 2 to the Tilefish Fishery Management Plan ..............................................................
International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific
Tuna Treaty.
Voting Criteria for a Referendum on a Gulf of Mexico Reef Fish Catch Share Program for For-Hire Vessels With Landings Histories.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species.
Commerce Trusted Trader Program (Reg Plan Seq No. 12) .........................................................................
International Fisheries; Fishing Limits in Purse Seine Fisheries for 2017, Transshipment Prohibition, and
Requirements to Safeguard Fishery Observers.
Rule to Implement the For-Hire Reporting Amendments ................................................................................
Amendment 41 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region.
Amendment 36A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .......
Rule to Modify the Number of Unrigged Hooks Carried Onboard Bottom Longline Vessels in the Gulf of
Mexico.
Allow Halibut Individual Fishing Quota Leasing to Community Development Quota Groups ........................
Nontrawl Lead Level 2 Observers ...................................................................................................................
Rule to Modify Mutton Snapper and Gag Management Measures in the Gulf of Mexico ..............................
Amendment 116 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area.
Amendment 47 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico ...............
Management Measures for Tropical Tunas in the Eastern Pacific Ocean .....................................................
Rule to Modify Greater Amberjack Allowable Harvest and Rebuilding Plan in the Gulf of Mexico ................
Atlantic Highly Migratory Species; Individual Bluefin Quota Program; Quarterly Accountability ....................
Designate Critical Habitat for the Hawaiian Insular False Killer Whale Distinct Population Segment ...........
Amendment and Updates to the Pelagic Longline Take Reduction Plan .......................................................
Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean and IndoPacific Reef-Building Corals (Reg Plan Seq No. 11).
Regulatory Amendment to Authorize a Recreational Quota Entity .................................................................
0648–BD32
0648–BD33
0648–BD34
0648–BF41
0648–BF82
0648–BF85
0648–BG04
0648–BG36
0648–BG40
0648–BG51
0648–BG66
0648–BG75
0648–BG77
0648–BG83
0648–BG92
0648–BG94
0648–BG96
0648–BG99
0648–BH02
0648–BH07
0648–BH13
0648–BH14
0648–BH17
0648–BC45
0648–BF90
0648–BG26
0648–BG57
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
186 ....................
Modification of the Temperature-Dependent Component of the Pacific Sardine Harvest Guideline Control
Rule to Incorporate New Scientific Information.
Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance .........................................................
Pacific Coast Groundfish Trawl Rationalization Program; Widow Rockfish Reallocation in the Individual
Fishing Quota Fishery.
Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for the Pacific Whiting Fishery.
Blueline Tilefish Amendment to the Golden Tilefish Fishery Management Plan ............................................
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery;
Specifications and Management Measures and Fishery Management Plan Amendment 27.
Amendment 46 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico to Establish a Gray Triggerfish Rebuilding Plan.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits
in Purse Seine Fisheries for 2017.
Regulation to Reduce Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp
Fisheries.
Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................
Mallows Bay-Potomac River National Marine Sanctuary Designation ............................................................
187 ....................
188 ....................
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190 ....................
191 ....................
192 ....................
193 ....................
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195 ....................
196 ....................
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0648–BE77
0648–BE90
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0648–BG17
0648–BG87
0648–BG93
0648–BG45
0648–BG01
0648–BG02
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
197 ....................
198 ....................
Amendment 39 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .........
Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific
Ocean.
Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions .........................................
Designation of Critical Habitat for the Arctic Ringed Seal ...............................................................................
199 ....................
200 ....................
0648–BD25
0648–BD59
0648–AU02
0648–BC56
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
201 ....................
202 ....................
Amendment 18 to the Northeast Multispecies Fishery Management Plan .....................................................
Amendment 26 to the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of
Mexico and South Atlantic.
Amendment 43 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .........
Protected Species Hard Caps for the California/Oregon Large-Mesh Drift Gillnet Fishery ............................
Amendment 37 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region.
Unmanaged Forage Fish Omnibus Amendment .............................................................................................
Pacific Coast Groundfish; Establish an Interim 2017 Pacific Coast Tribal Pacific Whiting Allocation ............
Fishing Year 2017 Recreational Fishing Measures for Gulf of Maine Cod and Haddock ..............................
Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan ...................................
Amendment 114 for Groundfish of the Bering Sea/Aleutian Islands Management Area and Amendment
104 for Groundfish of the Gulf of Alaska; Electronic Monitoring.
Revisions to the Pacific Halibut Catch Sharing Plan, Codified Regulations, and Annual Management
Measures for 2017 and Beyond.
International Fisheries; Pacific Tuna Fisheries; Fishing Restriction on Tropical Tuna in the Eastern Pacific
Ocean.
2017 Summer Flounder and Scup Recreational Harvest Measures ...............................................................
Designation of Critical Habitat for the Gulf of Maine, New York Bight, Chesapeake Bay, Carolina, and
South Atlantic Distinct Population Segments of Atlantic Sturgeon.
203 ....................
204 ....................
205 ....................
206
207
208
209
210
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211 ....................
212 ....................
213 ....................
214 ....................
0648–BF26
0648–BG03
0648–BG18
0648–BG23
0648–BG33
0648–BG42
0648–BG47
0648–BG52
0648–BG53
0648–BG54
0648–BG61
0648–BG67
0648–BG68
0648–BF28
PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
215 ....................
Setting and Adjusting Patent Fees During Fiscal Year 2017 ..........................................................................
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
Proposed Rule Stage
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158. Covered Merchandise Referrals
From the Customs Service
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114–125, sec.
421
Abstract: The Department of
Commerce (the Department) is
proposing to amend its regulations to set
forth procedures to address covered
merchandise referrals from U.S.
Customs and Border Protection (CBP or
the Customs Service).
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Emily Beline,
Department of Commerce, International
Trade Administration, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202 482–1096, Email:
emily.beline@trade.gov.
RIN: 0625–AB10
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
159. Comprehensive Fishery
Management Plan for Puerto Rico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive Puerto Rico Fishery
Management Plan. The Plan will
incorporate, and modify as needed,
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Federal fisheries management measures
presently included in each of the
existing species-based U.S. Caribbean
Fishery Management Plans (Spiny
Lobster, Reef Fish, Coral, and Queen
Conch Fishery Management Plans) as
those measures pertain to Puerto Rico
exclusive economic zone waters. The
goal of this action is to create a Fishery
Management Plan tailored to the
specific fishery management needs of
Puerto Rico. If approved, this new
Puerto Rico Fishery Management Plan,
in conjunction with similar
comprehensive Fishery Management
Plans being developed for St. Croix and
St. Thomas/St. John, will replace the
Spiny Lobster, Reef Fish, Coral and
Queen Conch Fishery Management
Plans presently governing the
commercial and recreational harvest in
U.S. Caribbean exclusive economic zone
waters.
Timetable:
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Action
Date
NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD32
160. Comprehensive Fishery
Management Plan for St. Croix
E.O. 13771 Designation: Not subject
to, not significant
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive St. Croix Fishery
Management Plan. The Plan would
incorporate, and modify as needed,
Federal fisheries management measures
presently included in each of the
existing species-based U.S. Caribbean
Fishery Management Plans (Spiny
Lobster, Reef Fish, Coral, and Queen
Conch Fishery Management Plans) as
those measures pertain to St. Croix
exclusive economic zone waters. The
goal of this action is to create a Fishery
Management Plan tailored to the
specific fishery management needs of
St. Croix. If approved, this new St. Croix
Fishery Management Plan, in
conjunction with similar comprehensive
Fishery Management Plans being
developed for Puerto Rico and St.
Thomas/St. John, will replace the Spiny
Lobster, Reef Fish, Coral and Queen
Conch Fishery Management Plans
presently governing the commercial and
recreational harvest in U.S. Caribbean
exclusive economic zone waters.
Timetable:
Action
Date
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NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD33
161. Comprehensive Fishery
Management Plan for St. Thomas/St.
John
E.O. 13771 Designation: Not subject
to, not significant.
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Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive St. Thomas/St. John
Fishery Management Plan. The Plan
would incorporate, and modify as
needed, Federal fisheries management
measures presently included in each of
the existing species-based U.S.
Caribbean Fishery Management Plans
(Spiny Lobster, Reef Fish, Coral, and
Queen Conch Fishery Management
Plans) as those measures pertain to St.
Thomas/St. John exclusive economic
zone waters. The goal of this action is
to create a Fishery Management Plan
tailored to the specific fishery
management needs of St. Thomas/St.
John. If approved, this new St. Thomas/
St. John Fishery Management Plan, in
conjunction with similar comprehensive
Fishery Management Plans being
developed for St. Croix and Puerto Rico,
will replace the Spiny Lobster, Reef
Fish, Coral and Queen Conch Fishery
Management Plans presently governing
the commercial and recreational harvest
in U.S. Caribbean exclusive economic
zone waters.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD34
162. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Treatment of U.S.
Purse Seine Fishing With Respect to
U.S. Territories
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish
rules and/or procedures to address the
treatment of U.S.-flagged purse seine
vessels and their fishing activities in
regulations issued by the National
Marine Fisheries Service that
implement decisions of the Commission
for the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Commission), of which the United
States is a member. Under the Western
and Central Pacific Fisheries
Convention Implementation Act, the
National Marine Fisheries Service
exercises broad discretion when
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determining how it implements
Commission decisions, such as purse
seine fishing restrictions. The National
Marine Fisheries Service intends to
examine the potential impacts of the
domestic implementation of
Commission decisions, such as purse
seine fishing restrictions, on the
economies of the U.S. territories that
participate in the Commission, and
examine the connectivity between the
activities of U.S.-flagged purse seine
fishing vessels and the economies of the
territories. Based on that and other
information, the National Marine
Fisheries Service might propose
regulations that mitigate adverse
economic impacts of purse seine fishing
restrictions on the U.S. territories and/
or that, in the context of the Convention
on the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), recognize that one or
more of the U.S. territories have their
own purse seine fisheries that are
distinct from the purse seine fishery of
the United States and that are
consequently subject to special
provisions of the Convention and of
Commission decisions.
Timetable:
Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Date
10/23/15
11/23/15
FR Cite
80 FR 64382
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BF41
163. Omnibus Essential Fish Habitat
Amendment 2
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery
Management Council voted to issue this
updated rulemaking that would revise
the essential fish habitat and habitat
areas of particular concern designation
based on recent groundfish data. This
rule would update groundfish seasonal
spawning closures and identify Habitat
Research Areas. The proposed revisions
include adding a habitat management
area in the eastern Gulf of Maine and
modifying the existing habitat
management areas in the central and
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western Gulf of Maine, while
maintaining additional protections for
large-mesh groundfish, including cod.
In addition, the amendment would
allow for the potential for development
of a scallop access area within Georges
Bank. A habitat management area would
be established on Georges Shoal, with
allowances for the clam dredge fishery.
In Southern New England, a habitat
management area in the Great South
Channel would replace the current
habitat protections further west. These
revisions are intended to comply with
the Magnuson-Stevens Act requirement
to minimize to the extent practicable the
adverse effects of fishing on essential
fish habitat.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BF82
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164. Framework Adjustment 2 to the
Tilefish Fishery Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery
Management Council has developed a
framework adjustment to its Tilefish
Fishery Management Plan, which would
modify management measures for the
tilefish fishery to improve the
management of the species. The
proposed measures would: eliminate the
current call-in reporting requirement;
prohibit a vessel from fishing for more
than one Individual Fishing Quota
allocation at the same time; require
tilefish to be landed with the head
attached; clarify what fishing gears are
allowed in the recreational fishery; and
make an administrative change to how
assumed discards are accounted for in
the specifications setting process.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
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National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BF85
165. International Fisheries; South
Pacific Tuna Fisheries; Implementation
of Amendments to the South Pacific
Tuna Treaty
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the
South Pacific Tuna Act of 1988, this
rule would implement recent
amendments to the Treaty on Fisheries
between the Governments of Certain
Pacific Island States and the
Government of the United States of
America (also known as the South
Pacific Tuna Treaty). The rule would
include modification to the procedures
used to request licenses for U.S. vessels
in the western and central Pacific Ocean
purse seine fishery, including changing
the annual licensing period from Juneto-June to the calendar year, and
modifications to existing reporting
requirements for purse seine vessels
fishing in the western and central
Pacific Ocean.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG04
166. Voting Criteria for a Referendum
on a Gulf of Mexico Reef Fish Catch
Share Program for For-Hire Vessels
With Landings Histories
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 42 to the
Fishery Management Plan for Reef Fish
Resources in the Gulf of Mexico
(Amendment 42) proposes to establish a
catch share program for up to five
species of reef fish for headboats with
landings history in the Southeast Region
Headboat Survey. This rule would
inform the public of the procedures,
schedule, and eligibility requirements
that NOAA Fisheries would use in
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conducting the referendum that is
required before the Gulf of Mexico
Fishery Management Council (Council)
can submit Amendment 42 for
Secretarial review.
Timetable:
Action
NPRM ..................
Date
FR Cite
02/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG36
167. Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Authorization of an Oregon
Recreational Fishery for Midwater
Groundfish Species
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would authorize
the use of midwater long-leader gear for
recreational fishing in waters seaward of
a line approximating 40 fathoms (73 m)
off the coast of Oregon. Midwater longleader gear would be allowed for both
charter and private vessels seaward of
the 40 fathom seasonal depth closure
and monitored with the existing Oregon
Ocean Recreational Boat Sampling
program. The season would be limited
and occur between the months of April
and September, months currently
subject to depth restrictions.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG40
168. Commerce Trusted Trader
Program
Regulatory Plan: This entry is Seq.
No. 12 in part II of this issue of the
Federal Register.
RIN: 0648–BG51
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169. International Fisheries; Fishing
Limits in Purse Seine Fisheries for
2017, Transshipment Prohibition, and
Requirements To Safeguard Fishery
Observers
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish a
limit on fishing effort by U.S. purse
seine fishing vessels in 2017; prohibit
U.S. vessels used to fish for highly
migratory species from transshipping
catch in a particular area of high seas
and remove certain reporting
requirements applicable to such vessels
in that area; and establish requirements
to enhance the safety of fishery
observers on highly migratory species
fishing vessels. This rule would be
issued under the authority of the
Western and Central Pacific Fisheries
Convention Implementation Act, and
pursuant to decisions made by the
Commission for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean. This action is necessary
for the United States to satisfy its
obligations under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, to
which it is a Contracting Party.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/18
sradovich on DSK3GMQ082PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG66
170. Rule To Implement the For-Hire
Reporting Amendments
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to
implement Amendment 39 for the
Snapper-Grouper Fishery of the South
Atlantic Region, Amendment 9 for the
Dolphin and Wahoo Fishery of the
Atlantic, and Amendment 27 to the
Coastal Migratory Pelagics Fishery of
the Gulf of Mexico and Atlantic Regions
(For-Hire Reporting Amendments). The
For-Hire Reporting Amendments rule
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proposes mandatory weekly electronic
reporting for charter vessel operators
with a Federal for-hire permit in the
snapper-grouper, dolphin wahoo, or
coastal migratory pelagics fisheries;
reduces the time allowed for headboat
operators to complete their electronic
reports; and requires location reporting
by charter vessels with the same level of
detail currently required for headboat
vessels.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG75
171. Amendment 41 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS proposes regulations
to implement Amendment 41. This
amendment would update biological
benchmarks, modify allowable fishing
levels, and revise management measures
for mutton snapper based on the latest
stock assessment. Revisions to
management measures include
designation of ‘‘spawning months,’’
during which stricter regulations may
apply, as well as modifications to the
minimum size limit, recreational bag
limit, and commercial trip limit.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
09/26/17
FR Cite
82 FR 44756
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG77
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1837
172. • Amendment 36A to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements
Amendment 36A to the Fishery
Management Plan for reef fish resources
in the Gulf of Mexico by considering
modifications to improve compliance
and increase management flexibility in
the red snapper and grouper-tilefish
commercial individual fishing quota
programs in the Gulf of Mexico. In
accordance with Amendment 36A, this
action proposes to improve compliance
with the individual fishing quota
program by requiring all commercial
reef fish permit holders to hail-in at
least 3 hours, but no more than 24
hours, in advance of landing. It also
proposes to address non-activated
individual fishing quota accounts and
provide the regional administrator with
authority to retain annual allocation if a
quota reduction is expected to occur.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG83
173. • Rule To Modify the Number of
Unrigged Hooks Carried Onboard
Bottom Longline Vessels in the Gulf of
Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would modify the
number of hooks a bottom longline
vessel could carry on board in the Gulf
of Mexico. Amendment 31 to the
Fishery Management Plan for Reef Fish
Resources in the Gulf of Mexico,
originally implemented in February
2010, limited the number of hooks a
bottom longline vessel could carry to
1,000 hooks of which no more than 750
could be fished or rigged to fish at any
one time. Industry representatives have
indicated that hook loss due to shark
bites has increased over time observer
data has also shown an increase in the
number of hooks lost per trip since
2010. As recommended recently by the
Gulf of Mexico Fishery Management
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Council, this rule would remove the cap
on the number of hooks per vessel while
retaining the limit of 750 hooks that
could be fished or rigged to fish.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG92
sradovich on DSK3GMQ082PROD with PROPOSALS4
174. • Allow Halibut Individual Fishing
Quota Leasing to Community
Development Quota Groups
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1861 et
seq.; 16 U.S.C. 773 et seq.
Abstract: This action would allow
Western Alaska Community
Development Quota groups to lease
halibut individual fishing quota in the
Bering Sea and Aleutian Islands in years
of low halibut catch limits. The
Community Development Quota
Program is an economic development
program that provides eligible western
Alaska villages with the opportunity to
participate and invest in fisheries. The
Community Development Quota
Program receives annual allocations of
total allowable catches for a variety of
commercially valuable species. In recent
years, low halibut catch limits have
hindered most Community
Development Quota groups’ ability to
create a viable halibut fishing
opportunity for their residents. This
proposed rule would authorize
Community Development Quota groups
to obtain additional halibut quota from
commercial fishery participants to
provide Community Development
Quota community residents more
fishing opportunities in years when the
halibut Community Development Quota
allocation may not be large enough to
present a viable fishery for participants.
This proposed rule is intended to
alleviate the adverse economic, social,
and cultural impacts of decreasing
available halibut resource on Western
Alaskan communities.
Timetable:
Action
Date
NPRM ..................
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18:29 Jan 11, 2018
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BG94
175. • Nontrawl Lead Level 2 Observers
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify
regulations pertaining to the nontrawl
lead level 2 observer deployment
endorsement and require vessels to
participate in a pre-cruise meeting when
necessary. An observer deployed on a
catcher/processor that participates in
the Bering Sea and Aleutian Islands
hook-and-line Pacific cod fishery or on
a catcher/processor using pot gear to
harvest groundfish in the Western
Alaska Community Development Quota
fisheries is required to have a nontrawl
lead level 2 deployment endorsement.
Since 2014, vessel owners and observer
provider firms have reported an ongoing
shortage of nontrawl lead level 2
endorsed observers that has delayed
fishing trips and increased operational
costs. This action would increase the
pool of observers that could obtain the
nontrawl lead level 2 endorsement by
allowing sampling experience on trawl
catcher/processors to count toward the
minimum experience necessary to
obtain a nontrawl lead level 2
deployment endorsement. The action
would benefit the owners and operators
of catcher/processor vessels required to
carry an observer with a nontrawl lead
level 2 endorsement, observer provider
firms, and individuals serving as
certified observers. This action also
includes a revision to the observer
coverage requirement for motherships
receiving unsorted codends from
catcher vessels groundfish Community
Development Quota fishing and
numerous housekeeping measures and
technical corrections. These additional
updates and corrections are necessary to
improve terminology consistency
throughout the regulations and, for
operational consistency, to align
mothership observer coverage
requirements with Amendment 80
vessels consistent with the regulation of
harvest provisions of the MagnusonStevens Act.
Timetable:
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Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BG96
176. • Rule To Modify Mutton Snapper
and Gag Management Measures in the
Gulf of Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish
annual catch limits from 2017 through
2020 for the Gulf of Mexico
apportionment of mutton snapper and
remove the annual catch target because
this target is not currently used for
management purposes. This rule would
also establish a recreational bag limit for
mutton snapper, modify the minimum
size limit for commercial and
recreational mutton snapper, and
modify the commercial minimum size
limit for gag. The majority of mutton
snapper and gag landings are from
waters adjacent to Florida, and the
changes in bag and size limits would
make these management measures
consistent with those established for
Florida state waters and in the case of
gag, with South Atlantic Federal
regulations.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG99
177. • Amendment 116 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would further
limit access to the Bering Sea and
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Aleutian Islands yellowfin sole Trawl
Limited Access fishery by catcher
vessels delivering to offshore
motherships or catcher/processors. In
recent years, an unexpected increase in
participation in the offshore sector of
this fishery by catcher vessels allowed
under current regulations has resulted
in an increased yellowfin sole catch rate
and a shorter fishing season. The North
Pacific Fishery Management Council
recently determined that limiting the
number of eligible licenses assigned to
catcher vessels in this fishery could
stabilize the fishing season duration,
provide better opportunity to increase
production efficiency, and help reduce
bycatch of Pacific halibut. This action
would modify the License Limitation
Program by establishing eligibility
criteria for licenses assigned to catcher
vessels to participate in this fishery
based on historic participation.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BH02
sradovich on DSK3GMQ082PROD with PROPOSALS4
178. • Amendment 47 to the Fishery
Management Plan for Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would revise the
maximum sustainable yield proxy and
adjust the annual catch limit for the
vermilion snapper stock within the
Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico. The
Gulf of Mexico Fishery Management
Council (Council) approved this action
at their June 2017 meeting in response
to a 2016 stock assessment for vermilion
snapper. The estimate of maximum
sustainable yield is dependent upon the
spawner-recruit relationship. For
vermilion snapper, there is a high
degree of variability in the data used
and the Council’s Scientific and
Statistical Committee had little
confidence in the resulting estimate of
maximum sustainable yield. Instead, the
SSC recommended the use of a
maximum sustainable yield proxy. This
action is necessary to establish: a
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maximum sustainable yield proxy and
associated status determination criteria
that are consistent with the best
scientific information available, and an
annual catch limit that does not exceed
the acceptable biological catch yields
from the 2016 stock.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BH07
179. • Management Measures for
Tropical Tunas in the Eastern Pacific
Ocean
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: This proposed rule would
implement the Inter-American Tropical
Tuna Commission’s Resolution C–17–
02, which contains provisions intended
to prevent the overfishing of tropical
tuna (bigeye, yellowfin, and skipjack) in
the eastern Pacific Ocean for fishing
years 2018 to 2020. In addition to
rolling over measures from the 2017
resolution, this resolution includes
additional management measures
related to fish aggregating devices,
makes minor revisions to the definition
of force majeure, includes provisions
related to transferring longline catch
limits for bigeye tuna between InterAmerican Tropical Tuna Commission
members, and increases the bigeye tuna
catch limit U.S. longline vessels greater
than 24 meters in overall length that fish
in the Inter-American Tropical Tuna
Commission Convention Area.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BH13
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1839
180. • Rule To Modify Greater
Amberjack Allowable Harvest and
Rebuilding Plan in the Gulf of Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would adjust the
Gulf of Mexico greater amberjack
rebuilding plan, modify through 2020—
based on information from the 2017
stock assessment that indicated that the
stock is not making adequate progress
towards rebuilding—greater amberjack
annual catch limits and annual catch
targets (which equal the quotas) for both
the commercial and recreational
fisheries. The modifications are
projected to rebuild the stock by 2027.
In addition, the rule would change the
recreational seasonal closure from June
through July each year to January 1
through June 30 each year. This change
would protect the stock during peak
spawning and extend the season later in
the fishing year, leading to a more
reliable open season.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BH14
181. • Atlantic Highly Migratory
Species; Individual Bluefin Quota
Program; Quarterly Accountability
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: This action would consider
modifying the Atlantic highly migratory
species regulations to require vessels in
the pelagic longline fishery to account
for bycatch of bluefin tuna using
Individual Bluefin Quota on a quarterly
basis instead of before commencing any
fishing trip while in quota debt or with
less than the minimum required
Individual Bluefin Quota balance.
Current regulations require permitted
Atlantic Tunas Longline vessels to
possess a minimum amount of
Individual Bluefin Quota to depart on a
fishing trip with pelagic longline gear
onboard and account for bluefin tuna
catch (fish retained or discarded dead)
using Individual Bluefin Quota. At the
end of a trip on which bluefin tuna are
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caught, a vessel’s Individual Bluefin
Quota balance is reduced by the amount
caught. If the trip catch exceeds the
vessel’s available quota, the vessel will
incur quota debt (i.e., exceeding its
available Individual Bluefin Quota
balance). In this case, the regulations
currently require the vessel to obtain
additional Individual Bluefin Quota
through leasing to resolve that quota
debt and to acquire the minimum
Individual Bluefin Quota amount,
before departing on a subsequent trip
using pelagic longline gear. This action
would implement accountability on a
quarterly basis instead of after each trip
to minimize constraints on fishing for
target species and support business
planning while accounting for all
bluefin tuna catch and maintaining
incentives to avoid bluefin catch.
Quarterly accountability would require
vessel owners to resolve quota debt and
obtain the minimum amount of
Individual Bluefin Tuna prior to fishing
for the first time during each new
calendar quarter. The annual U.S.
Bluefin tuna quota would remain
unaffected by this measure, as it results
from International Commission for the
Conservation of Atlantic Tunas
recommendations. Through the
proposed rule, NMFS would consider
the potential impacts of this approach
on the Individual Bluefin Tuna
Program.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, Room 13362, 1315
East–West Highway, Silver Spring, MD
20910, Phone: 301 713–2334, Fax: 301
713–0596, Email: alan.risenhoover@
noaa.gov.
RIN: 0648–BH17
sradovich on DSK3GMQ082PROD with PROPOSALS4
182. Designate Critical Habitat for the
Hawaiian Insular False Killer Whale
Distinct Population Segment
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: In 2012, NMFS listed as
endangered the main Hawaiian Islands
(MHI) insular false killer whale
(Pseudorca crassidens) Distinct
Population Segment (DPS). The
Endangered Species Act (ESA) requires
NMFS to designate critical habitat to
support the conservation and recovery
of newly listed species. Accordingly,
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this proposed rule would designate
critical habitat for the MHI insular false
killer whale DPS in waters around the
MHI. NMFS will consider the economic,
national security, or other relevant
impacts of the proposed designation,
and would consider excluding areas
where such negative impacts would
outweigh the benefits of critical habitat
designation.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East–West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BC45
183. Amendment and Updates to the
Pelagic Longline Take Reduction Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality
of the Western North Atlantic shortfinned pilot whale stock incidental to
the Category I Atlantic pelagic longline
fishery continues at levels exceeding
their Potential Biological Removal. This
proposed action will examine a number
of management measures to amend the
Pelagic Longline Take Reduction Plan to
reduce the incidental mortality and
serious injury of short-finned pilot
whales taken in the Atlantic Pelagic
Longline fishery to below Potential
Biological Removal. Potential
management measures may include
changes to the current limitations on
mainline length, new requirements to
use weak hooks (hooks with reduced
breaking strength), and non-regulatory
measures related to determining the best
procedures for safe handling and release
of marine mammals. The need for the
proposed action is to ensure the Pelagic
Longline Take Reduction Plan meets its
Marine Mammal Protection Act
mandated short- and long-term goals.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
PO 00000
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Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East–West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BF90
184. Endangered and Threatened
Species; Designation of Critical Habitat
for Threatened Caribbean and IndoPacific Reef-Building Corals
Regulatory Plan: This entry is Seq.
No. 11 in part II of this issue of the
Federal Register.
RIN: 0648–BG26
185. Regulatory Amendment To
Authorize a Recreational Quota Entity
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 773 to 773k
Abstract: The proposed action would
authorize a recreational quota entity in
International Pacific Halibut
Commission Regulatory Areas 2C and
3A in the Gulf of Alaska to purchase a
limited amount of commercial halibut
quota share for use in the charter halibut
fishery. The recreational quota entity
would provide a mechanism for a
compensated reallocation of a portion of
commercial halibut quota share from the
Pacific Halibut and Sablefish Individual
Fishing Quota Program to the charter
halibut fishery in order to promote longterm planning and greater stability in
the charter halibut fishery. Any halibut
quota share from Area 2C or Area 3A
purchased by the recreational quota
entity would augment the amount of
halibut available for harvest in the
charter halibut fishery in that area.
Underlying allocations to the charter
and commercial halibut sectors would
not change.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BG57
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DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
186. Modification of the TemperatureDependent Component of the Pacific
Sardine Harvest Guideline Control Rule
To Incorporate New Scientific
Information
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Pursuant to a
recommendation of the Pacific Fishery
Management Council (Council) under
the Magnuson-Stevens Act, the National
Marine Fisheries Service is proposing to
use a new temperature index to
calculate the temperature parameter of
the Pacific sardine harvest guideline
control rule under the Fishery
Management Plan. The harvest
guideline control rule, in conjunction
with the overfishing limit and
acceptable biological catch control
rules, is used to set annual harvest
levels for Pacific sardine. The
temperature parameter is calculated
annually. The National Marine Fisheries
Service determined that a new
temperature index is more statistically
sound and this action will adopt that
index.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
08/23/17
09/22/17
FR Cite
82 FR 39977
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BE77
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187. Pacific Coast Groundfish Fishing
Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1861 et seq.; 5 U.S.C. 561
et seq.
Abstract: Congress enacted the 2015
National Defense Authorization Act to
refinance the existing debt obligation
funding the fishing capacity reduction
program for the Pacific Coast
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18:29 Jan 11, 2018
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Groundfish fishery implemented under
section 212. Pending appropriation of
funds to effect the refinance, the
National Marine Fisheries Service
issued proposed regulations to seek
comment on the refinancing and to
prepare for an industry referendum and
final rule. However, a subsequent
appropriation to fund the refinancing
was never enacted. As a result, the
National Marine Fisheries Service has
no funds with which to proceed, and
the refinancing authority cannot be
implemented. The National Marine
Fisheries Service is therefore
withdrawing this proposed rule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Withdrawal ..........
08/06/15
09/08/15
FR Cite
80 FR 46941
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Pawlak,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East–West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8621, Email:
brian.t.pawlak@noaa.gov.
RIN: 0648–BE90
188. Pacific Coast Groundfish Trawl
Rationalization Program; Widow
Rockfish Reallocation in the Individual
Fishing Quota Fishery
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In January 2011, the
National Marine Fisheries Service
implemented the groundfish trawl
rationalization program (a catch share
program) for the Pacific coast
groundfish limited entry trawl fishery.
The program was implemented through
Amendments 20 and 21 to the Pacific
Coast Groundfish Fishery Management
Plan and the corresponding
implementing regulations. Amendment
20 established the trawl rationalization
program, which includes an Individual
Fishing Quota program for limited entry
trawl participants, and Amendment 21
established fixed allocations for limited
entry trawl participants. During
implementation of the trawl individual
fishing quota program, widow rockfish
was overfished and the initial
allocations were based on its overfished
status and management as a non-target
species. The National Marine Fisheries
Service declared the widow rockfish
rebuilt in 2011 and, accordingly, the
Pacific Fishery Management Council
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has now recommended actions to
manage the increased abundance of
widow rockfish. The action would
reallocate individual fishing quota
widow rockfish quota share to facilitate
directed harvest and would lift the
moratorium on widow rockfish quota
share trading.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
06/29/16
07/29/16
FR Cite
81 FR 42295
12/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BF12
189. Regulatory Amendment to the
Pacific Coast Groundfish Fishery
Management Plan To Implement an
Electronic Monitoring Program for the
Pacific Whiting Fishery
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would
implement a regulatory amendment to
the Pacific Coast Groundfish Fishery
Management Plan to allow Pacific
whiting vessels the option to use
electronic monitoring (video cameras
and associated sensors) in place of
observers to meet requirements for 100percent observer coverage. Vessels
participating in the catch share program
are required to carry an observer on all
trips to ensure total accountability for
at-sea discards. For some vessels,
electronic monitoring may have lower
costs than observers and a reduced
logistical burden. By allowing vessels
the option to use electronic monitoring
to meet monitoring requirements, this
action is intended to increase
operational flexibility and reduce
monitoring costs for the Pacific whiting
fleet.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
09/06/16
10/06/16
FR Cite
81 FR 61161
12/00/17
Regulatory Flexibility Analysis
Required: Yes.
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BF52
190. Blueline Tilefish Amendment to
the Golden Tilefish Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery
Management Council has developed an
amendment to its Golden Tilefish
Fishery Management Plan, which would
implement management measures for
the blueline tilefish fishery north of the
Virginia/North Carolina border. This
proposed action would establish the
management framework for this fishery,
including: Permitting, recordkeeping,
and reporting requirements; trip limits
for both the commercial and
recreational sectors of the fishery; and
the process for setting specifications and
annual catch limits.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
06/14/17
82 FR 27223
06/28/17
07/28/17
82 FR 29263
11/00/17
sradovich on DSK3GMQ082PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BF86
191. Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States; Pacific
Coast Groundfish Fishery;
Specifications and Management
Measures and Fishery Management
Plan Amendment 27
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This final rule established
the 2017–2018 harvest specifications
and management measures for
groundfish taken in the U.S. exclusive
economic zone off the coasts of
Washington, Oregon, and California,
consistent with the Magnuson-Stevens
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18:29 Jan 11, 2018
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Fishery Conservation and Management
Act and the Pacific Coast Groundfish
Fishery Management Plan (Fishery
Management Plan), including harvest
specifications consistent with default
harvest control rules in the Fishery
Management Plan. This action also
included regulations to implement
Amendment 27 to the Fishery
Management Plan, which adds deacon
rockfish to the Fishery Management
Plan, reclassifies big skate as an actively
managed stock, adds a new inseason
management process for commercial
and recreational groundfish fisheries in
California, and makes several
clarifications to existing regulations.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Correcting
Amendment.
FR Cite
09/30/16
81 FR 67287
10/28/16
11/28/16
81 FR 75266
02/07/17
02/07/17
82 FR 9634
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG17
192. • Amendment 46 to the Fishery
Management Plan for Reef Fish
Resources of the Gulf of Mexico To
Establish a Gray Triggerfish Rebuilding
Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Following a 2015 NMFS
determination of the lack of adequate
progress in rebuilding the Gulf gray
triggerfish stock, the Gulf of Mexico
Fishery Management Council had two
years under the Magnuson Stevens Act
to develop actions to rebuild the
affected stock. The Council has now
proposed to amend the Fishery
Management Plan to focus on the stock’s
rebuilding. This proposed action would
implement that amendment. The
proposed action would establish a 9year rebuilding time period; retain the
current gray triggerfish annual catch
limits and annual catch targets for the
recreational and commercial sectors;
modify the recreational fixed closed
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season; reduce the recreational bag
limit; increase the recreational size
limit; and modify the commercial trip
limit.
Timetable:
Action
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
FR Cite
08/30/17
82 FR 41205
09/25/17
10/25/17
82 FR 44551
12/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG87
193. • International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Fishing Limits in
Purse Seine Fisheries for 2017
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: As authorized under the
Western and Central Pacific Fisheries
Convention Implementation Act, this
rule would enable NOAA Fisheries to
implement a recent decision of the
Commission for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Commission). The rule
would establish a limit for calendar year
2017 on fishing effort by U.S. purse
seine vessels in the U.S. exclusive
economic zone and on the high seas
between the latitudes of 20 degrees N.
and 20 degrees S. in the area of
application of the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean. The
limit is 1,828 fishing days. The rule also
would make corrections to outdated
cross-references in existing regulatory
text. This action is necessary to satisfy
the obligations of the United States
under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), to which it is a
Contracting Party.
Timetable:
Action
NPRM ..................
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Date
09/20/17
FR Cite
82 FR 43926
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Action
Date
NPRM Comment
Period End.
Final Action .........
FR Cite
10/05/17
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG93
194. Regulation To Reduce Incidental
Bycatch and Mortality of Sea Turtles in
the Southeastern U.S. Shrimp Fisheries
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The purpose of the proposed
action is to aid in the protection and
recovery of listed sea turtle populations
by reducing incidental bycatch and
mortality of small sea turtles in the
Southeastern U.S. shrimp fisheries. As a
result of new information on sea turtle
bycatch in shrimp trawls and turtle
excluder device testing, NMFS
conducted an evaluation of the
Southeastern U.S. shrimp fisheries that
resulted in a draft environmental impact
statement. This rule proposes to
withdraw the alternative tow time
restriction, which would require all
vessels using skimmer trawls, pusherhead trawls, and wing nets (butterfly
trawls), with the exception of vessels
participating in the Biscayne Bay wing
net fishery in Miami-Dade County,
Florida, to use turtle excluder devices
designed to exclude small sea turtles.
Timetable:
Action
Date
sradovich on DSK3GMQ082PROD with PROPOSALS4
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/16/16
02/14/17
FR Cite
11/00/17
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG45
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18:29 Jan 11, 2018
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RIN: 0648–BG01
NOS/ONMS
195. Wisconsin-Lake Michigan National
Marine Sanctuary Designation
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014,
pursuant to section 304 of the National
Marine Sanctuaries Act (NMSA) and the
Sanctuary Nomination Process (79 FR
33851), a coalition of community groups
submitted a nomination asking NOAA
to designate an area of Wisconsin’s Lake
Michigan waters as a national marine
sanctuary. The area being considered for
designation as a national marine
sanctuary is a region that includes 875
square miles of Lake Michigan waters
and bottomlands adjacent to
Manitowoc, Sheboygan, and Ozaukee
counties and the cities of Port
Washington, Sheboygan, Manitowoc,
and Two Rivers. It includes 80 miles of
shoreline and extends 9 to 14 miles
from the shoreline. The area contains an
extraordinary collection of submerged
maritime heritage resources
(shipwrecks) as demonstrated by the
listing of 15 shipwrecks on the National
Register of Historic Places. The area
includes 39 known shipwrecks, 123
reported vessel losses, numerous other
historic maritime-related features, and is
adjacent to communities that have
embraced their centuries-long
relationship with Lake Michigan. NOAA
completed its review of the nomination
in accordance with the Sanctuary
Nomination Process and on February 5,
2015, added the area to the inventory of
nominations that are eligible for
designation. On October 7, 2015, NOAA
issued a notice of intent to begin the
designation process and asked for
public comment on making this area a
national marine sanctuary. Designation
under the NMSA would allow NOAA to
supplement and complement work by
the State of Wisconsin and other Federal
agencies to protect this collection of
nationally significant shipwrecks.
Timetable:
81 FR 91097
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
01/09/17
03/31/17
FR Cite
82 FR 2269
03/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicki Wedell,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1305 East-West
Highway (N/ORM6), Silver Spring, MD
20910, Phone: 301 713–7237, Fax: 301
713–0404, Email: vicki.wedell@
noaa.gov.
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1843
Fmt 4701
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196. Mallows Bay-Potomac River
National Marine Sanctuary Designation
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On September 16, 2014,
pursuant to section 304 of the National
Marine Sanctuaries Act (NMSA) and the
Sanctuary Nomination Process (79 FR
33851), a coalition of community groups
submitted a nomination asking NOAA
to designate Mallows Bay-Potomac
River as a national marine sanctuary.
The Mallows Bay area of the tidal
Potomac River being considered for
designation as a national marine
sanctuary is an area 40 miles south of
Washington, DC, off the Nanjemoy
Peninsula of Charles County, MD. The
designation of a national marine
sanctuary would focus on conserving
the collection of maritime heritage
resources (shipwrecks) in the area as
well as expand the opportunities for
public access, recreation, tourism,
research, and education. NOAA
completed its review of the nomination
in accordance with the Sanctuary
Nomination Process and on January 12,
2015, added the area to the inventory of
nominations that are eligible for
designation. On October 7, 2015, NOAA
issued a notice of intent to begin the
designation process and asked for
public comment on making this area a
national marine sanctuary. Designation
under the NMSA would allow NOAA to
supplement and complement work by
the State of Maryland and other federal
agencies to protect this collection of
nationally significant shipwrecks.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
01/09/17
03/31/17
FR Cite
82 FR 2254
03/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicki Wedell,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1305 East-West
Highway (N/ORM6), Silver Spring, MD
20910, Phone: 301 713–7237, Fax: 301
713–0404, Email: vicki.wedell@
noaa.gov.
RIN: 0648–BG02
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DEPARTMENT OF COMMERCE (DOC)
Long-Term Actions
National Oceanic and Atmospheric
Administration (NOAA)
National Marine Fisheries Service
197. Amendment 39 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
Action
Date
Notice ..................
Next Stage Undetermined.
05/13/13
FR Cite
78 FR 27956
sradovich on DSK3GMQ082PROD with PROPOSALS4
198. Implementation of a Program for
Transshipments by Large Scale Fishing
Vessels in the Eastern Pacific Ocean
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.;
16 U.S.C. 971 et seq.
Abstract: This rule would implement
the Inter-American Tropical Tuna
Commission program to monitor
transshipments by large-scale tuna
fishing vessels, and would govern
transshipments by U.S. large-scale tuna
fishing vessels and carrier, or receiving,
vessels. The rule would establish:
criteria for transshipping in port; criteria
for transshipping at sea by longline
vessels to an authorized carrier vessel
with an Inter-American Tropical Tuna
Commission observer onboard and an
operational vessel monitoring system;
and require the Pacific Transshipment
Declaration Form, which must be used
to report transshipments in the InterAmerican Tropical Tuna Commission
Convention Area. This rule is necessary
18:29 Jan 11, 2018
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199. Reducing Disturbances to
Hawaiian Spinner Dolphins From
Human Interactions
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action would
implement regulatory measures under
the Marine Mammal Protection Act to
protect Hawaiian spinner dolphins that
are resting in protected bays from take
due to close approach interactions with
humans.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
FR Cite
12/12/05
01/11/06
70 FR 73426
08/24/16
10/23/16
81 FR 57854
11/16/16
81 FR 80629
12/01/16
Final Action .........
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–AU02
200. Designation of Critical Habitat for
the Arctic Ringed Seal
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine
Fisheries Service published a final rule
to list the Arctic ringed seal as a
threatened species under the
Endangered Species Act (ESA) in
December 2012. The ESA requires
designation of critical habitat at the time
a species is listed as threatened or
endangered, or within one year of listing
if critical habitat is not then
determinable. This rulemaking would
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designate critical habitat for the Arctic
ringed seal. The critical habitat
designation would be in the northern
Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:
FR Cite
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom, Phone:
503 231–6266, Email: barry.thom@
noaa.gov.
RIN: 0648–BD59
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Phone: 727 824–5305, Fax: 727 824–
5308, Email: roy.crabtree@noaa.gov.
RIN: 0648–BD25
VerDate Sep<11>2014
Date
NPRM ..................
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of this action is
to facilitate management of the
recreational red snapper component in
the reef fish fishery by reorganizing the
Federal fishery management strategy to
better account for biological, social, and
economic differences among the regions
of the Gulf of Mexico. Regional
management would enable regions and
their associated communities to specify
the optimal management parameters
that best meet the needs of their local
constituents, thereby addressing
regional socio-economic concerns.
Timetable:
Action
for the United States to satisfy its
international obligations under the 1949
Convention for the Establishment of an
Inter-American Tropical Tuna, to which
it is a Contracting Party.
Timetable:
Action
NPRM ..................
Proposed Rule ....
Notice of Public
Hearings.
Comment Period
Extended.
To Be Determined
Date
FR Cite
12/03/14
12/09/14
01/13/15
79 FR 71714
79 FR 73010
80 FR 1618
02/02/15
80 FR 5498
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–BC56
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Completed Actions
201. Amendment 18 to the Northeast
Multispecies Fishery Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 18 to the
Northeast Multispecies Fishery
Management Plan made necessary
minor administrative adjustments to
several groundfish sectors, as well as
minor adjustments to fishing activity
designed to protect fishery resources
while maximizing flexibility and
efficiency. Specifically, it included the
following management measures:
Created an accumulation limit for either
the holdings of Potential Sector
Contribution or of Northeast
multispecies permits; created a subannual catch limit that Handgear A
permits could enroll in and other
measures pertaining to fishing with
Handgear A permits; adjusted what
fishery data are considered confidential,
specifically the price of annual catch
entitlement transferred within a sector
or leased between sectors; established
an inshore/offshore boundary within the
Gulf of Maine with associated measures,
including creation of a Gulf of Maine
cod sub-annual catch limit; adjusted the
Gulf of Maine Gear Restricted Area
boundary to align with the inshore/
offshore boundary; created declaration
time periods for fishing in the inshore
or offshore areas; and established a
Redfish Exemption Area, in which
vessels could fish with a smaller mesh
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net than the standard mesh size,
targeting redfish.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Correction ............
Final Action Effective.
FR Cite
12/06/16
81 FR 87862
12/20/16
02/03/17
81 FR 92761
04/21/17
04/28/17
05/22/17
82 FR 18706
82 FR 19630
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BF26
202. Amendment 26 to the Fishery
Management Plan for Coastal Migratory
Pelagic Resources of the Gulf Of Mexico
and South Atlantic
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: As per Amendment 26, this
rule modified the management/stock
boundary for Gulf and Atlantic
migratory groups of king mackerel;
updated the biological reference points
and revised the acceptable biological
catch, optimum yield, annual catch
limits, and annual catch targets for Gulf
and Atlantic migratory group king
mackerel; created an incidental catch
allowance of Atlantic migratory group
king mackerel caught in the shark
gillnet fishery; established split season
commercial quotas and a trip limit
system for the Atlantic Southern Zone;
revised the commercial quotas for Gulf
zones; and modified the recreational bag
limit for Gulf migratory group king
mackerel.
Timetable:
sradovich on DSK3GMQ082PROD with PROPOSALS4
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
12/14/16
81 FR 90314
12/29/16
01/30/17
81 FR 95941
04/11/17
05/11/17
82 FR 17387
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
VerDate Sep<11>2014
18:29 Jan 11, 2018
Jkt 244001
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG03
203. Amendment 43 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Based on a recent stock
assessment and per the MagnusonStevens Fishery Conservation and
Management Act, action was needed to
adjust management measures for the
Gulf of Mexico (Gulf) hogfish stock to
prevent overfishing and achieve
optimum yield. Consistent with the
stock assessment, this action redefined
the geographic range of the Gulf hogfish
stock, set the status determination
criteria, and set the annual catch limits.
This action also revised the hogfish
minimum size limit to reduce the
likelihood of a season closure due to the
annual catch limit being reached and
removed the provision in the
regulations that exempts hogfish from
the prohibition on the use of
powerheads to take Gulf reef fish in the
Gulf stressed area.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
11/04/16
81 FR 76908
11/23/16
12/23/16
81 FR 84538
07/25/17
08/24/17
82 FR 34574
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG18
204. Protected Species Hard Caps for
the California/Oregon Large–Mesh Drift
Gillnet Fishery
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine
Fisheries Service withdrew a proposed
rule to establish strict limits, termed
‘‘hard caps,’’ for the California/Oregon
large-mesh drift gillnet fishery on
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1845
interactions with certain protected
species under Magnuson-Stevens
Fishery Conservation and Management
Act authority. The National Marine
Fisheries Service published the
proposed rule in the Federal Register on
October 13, 2016. After careful
consideration, the National Marine
Fisheries Service has decided that the
changes discussed in the proposed rule
are not warranted at this time.
Timetable:
Action
NPRM ..................
NPRM Comment
Period Extended.
NPRM Comment
Period End.
NPRM Comment
Period Extended End.
Withdrawn ...........
Date
10/13/16
11/23/16
FR Cite
81 FR 70660
81 FR 84546
11/28/16
12/28/16
06/12/17
82 FR 26902
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG23
205. Amendment 37 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 37 responded
to the latest stock assessment for
hogfish, which identified two stocks of
hogfish for the South Atlantic Region
(managed by the South Atlantic Fishery
Management Council) and one stock of
hogfish for the Gulf of Mexico (managed
by the Gulf of Mexico Fishery
Management Council). The purpose of
Amendment 37 was to use the best
scientific information available to
modify the management unit for hogfish
in the South Atlantic Region and
establish two management units (stocks)
for hogfish; establish a rebuilding plan
for the Florida Keys/East Florida stock;
specify fishing levels and modify or
establish management measures for the
Georgia through North Carolina and
Florida Keys/East Florida stocks of
hogfish; while minimizing, to the extent
practicable, adverse social and
economic effects.
Timetable:
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Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Correction Final
Rule.
Final Action Effective.
FR Cite
10/07/16
81 FR 69774
12/16/16
01/17/17
81 FR 91104
07/25/17
08/24/17
82 FR 34584
82 FR 40075
08/24/17
82 FR 34584
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG33
206. Unmanaged Forage Fish Omnibus
Amendment
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This amendment was
initiated to prohibit the development of
new—and expansion of existing—
commercial and recreational fisheries in
mid-Atlantic Federal waters that would
exploit unmanaged forage fish species.
This action added unmanaged forage
species as Ecosystem Component
species to the relevant Mid-Atlantic
Council fishery management plans. The
Forage Amendment established: the list
of forage species managed as Ecosystem
Component species in the Mid-Atlantic
region; Management measures for all
forage Ecosystem Component species,
except chub mackerel; Management
measures for chub mackerel; a
mechanism for establishing new
fisheries or expansion of existing
fisheries for Ecosystem Component
species; and Administrative provisions
for managing Ecosystem Component
species (list of fisheries and fishing gear;
permit requirement; monitoring;
management unit; and framework
measures).
Timetable:
sradovich on DSK3GMQ082PROD with PROPOSALS4
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
03/28/17
82 FR 15311
04/24/17
05/30/17
82 FR 18882
08/28/17
09/27/17
82 FR 40721
Regulatory Flexibility Analysis
Required: Yes.
VerDate Sep<11>2014
18:29 Jan 11, 2018
Jkt 244001
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BG42
207. Pacific Coast Groundfish; Establish
an Interim 2017 Pacific Coast Tribal
Pacific Whiting Allocation
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action established an
interim 2017 tribal whiting allocation.
NMFS developed this final rule after
discussions with the affected tribes and
the non-tribal fisheries interests. As in
prior years, this allocation was an
‘‘interim’’ allocation that was not
intended to set precedent for future
years.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
03/23/17
04/24/17
82 FR 14850
05/08/17
05/08/17
82 FR 21317
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG47
208. Fishing Year 2017 Recreational
Fishing Measures for Gulf of Maine Cod
and Haddock
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action set recreational
measures (open season, possession
limit, minimum size) for the
recreational fishery for cod and haddock
in the Gulf of Maine for the 2017 fishing
year (May 1, 2017, through April 30,
2018). These were proactive
accountability measures to prevent the
annual catch limits from being
exceeded, as authorized by the
regulations implementing the Northeast
Multispecies Fishery Management Plan.
The measures were based on newlyavailable catch information and
previously set quotas for fishing year
2017.
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Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action Effective.
Final Action .........
Date
05/25/17
06/09/17
FR Cite
82 FR 24086
07/27/17
07/31/17
82 FR 35457
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BG52
209. Framework Adjustment 56 to the
Northeast Multispecies Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action set 2017
specifications for three U.S./Canada
stocks (Eastern Georges Bank cod,
Eastern Georges Bank haddock, and
Georges Bank yellowtail flounder), as
well as 2017–2018 specifications for
witch flounder. This action established
an allocation for northern windowpane
flounder for the scallop fishery, revised
catch thresholds for implementing the
scallop fishery’s accountability
measures for both its Georges Bank
yellowtail flounder allocation and its
new northern windowpane flounder
allocation, and increased the Georges
Bank haddock catch allocation for the
midwater trawl fishery.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Date
FR Cite
06/22/17
07/07/17
82 FR 28447
08/01/17
08/01/17
82 FR 35660
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BG53
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210. Amendment 114 for Groundfish of
the Bering Sea/Aleutian Islands
Management Area and Amendment 104
for Groundfish of the Gulf of Alaska;
Electronic Monitoring
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This regulation made
substantive improvements to the North
Pacific Observer Program by giving
certain vessels a choice to use electronic
monitoring instead of observers for
collecting fishery data. The North
Pacific Fishery Management Council
amended its fisheries research plan for
the fixed gear groundfish and halibut
fisheries of the Gulf of Alaska and
Bering Sea and Aleutian Islands. The
Council’s fisheries research plan is
implemented by the North Pacific
Observer Program at the NMFS Alaska
Fisheries Science Center, and its
purpose is to collect data necessary for
the conservation, management, and
scientific understanding of the
groundfish and halibut fisheries off
Alaska. This action allowed an
electronic monitoring system, which
consists of a control center to manage
the data collection, onboard vessels to
monitor the harvest and discard of fish
and other incidental catch at sea, as a
supplement to existing human observer
coverage.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
FR Cite
03/10/17
82 FR 13302
03/23/17
05/22/17
82 FR 36991
sradovich on DSK3GMQ082PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BG54
211. Revisions to the Pacific Halibut
Catch Sharing Plan, Codified
Regulations, and Annual Management
Measures for 2017 and Beyond
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 2431 et seq.; 16 U.S.C.
951 et seq.; 18 U.S.C. 773 to 773k
VerDate Sep<11>2014
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Final Rule Correction.
FR Cite
02/23/17
03/15/17
82 FR 11419
04/20/17
04/20/17
82 FR 18581
06/20/17
82 FR 28012
82 FR 14853
08/08/17
09/07/17
Abstract: This action was NMFS’
annual rulemaking regarding Pacific
halibut fishing on the U.S. West Coast
and implemented the Pacific Halibut
Catch Sharing Plan (Plan). The Plan, in
place since 1995, governs the allocation
of the annual Pacific halibut total
allowable catch to the domestic fisheries
of the U.S. West Coast, including the
Washington treaty tribes, directed and
incidental commercial fisheries and
sport fisheries in each of the three West
Coast states. The total allowable catch is
set by the International Pacific Halibut
Commission and approved by the
Secretary of State. Based on public
comment, the Pacific Fishery
Management Council (Council)
recommends any revisions necessary to
the Plan to achieve management
objectives for any of the West Coast
halibut fisheries to NMFS for
implementation through annual
management measures. This action thus
implemented the Council’s
recommended 2017 revisions, which
comprised minor changes to the portion
of the Plan covering sport fishery
monitoring, seasons, and retention
rules.
Timetable:
18:29 Jan 11, 2018
Jkt 244001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG61
212. International Fisheries; Pacific
Tuna Fisheries; Fishing Restriction on
Tropical Tuna in the Eastern Pacific
Ocean
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: This action implemented
domestically a resolution (C–17–01,
Conservation of Tuna in the Eastern
Pacific Ocean During 2017) adopted at
the Inter-American Tropical Tuna
Commission by the United States and
other member nations. Domestic
implementation of the resolution
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through NMFS rulemaking action is
required under the Tuna Conventions
Act in order for the United States to
fulfill its international obligations as
member nation of the Inter-American
Tropical Tuna Commission
(Commission). In implementing
Resolution C–17–01, this action set 2017
total allowable catch limits for yellowfin
and bigeye tuna harvested in purse
seine sets on floating objects and in sets
involving chase and encirclement of
dolphins. The action also carried over
management measures that were
previously in place for 2016, including
catch limits or prohibitions for certain
large vessels, time-area closures, and
retention requirements.
Timetable:
Action
Final Action .........
Final Action Effective.
Date
04/11/17
05/11/17
FR Cite
82 FR 17382
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BG67
213. 2017 Summer Flounder and Scup
Recreational Harvest Measures
E.O. 13771 Designation: Not subject
to, not significant
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule finalized
management measures—such as
recreational possession limits,
minimum fish sizes, and seasonal
closures—to achieve recreational
harvest limits for the 2017 summer
flounder and scup recreational fisheries.
Specifically, this action established
conservation equivalency in Federal
waters for the 2017 recreational summer
flounder fishery. Conservation
equivalency means that management
would defer to state management
measures.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
04/19/17
05/04/17
82 FR 18411
07/07/17
07/07/17
82 FR 31491
Regulatory Flexibility Analysis
Required: Yes.
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
Agency Contact: John K. Bullard,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9287, Email: john.bullard@
noaa.gov.
RIN: 0648–BG68
214. Designation of Critical Habitat for
the Gulf of Maine, New York Bight,
Chesapeake Bay, Carolina, and South
Atlantic Distinct Population Segments
of Atlantic Sturgeon
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine
Fisheries Service listed four distinct
population segments of Atlantic
sturgeon as endangered—and one
distinct population of Atlantic sturgeon
as threatened—under the Endangered
Species Act on February 6, 2012. This
rule designated critical habitat for the
Gulf of Maine, New York Bight,
Chesapeake Bay, Carolina, and South
Atlantic Distinct Population Segments
of Atlantic sturgeon.
Timetable:
Action
Date
sradovich on DSK3GMQ082PROD with PROPOSALS4
NPRM ..................
NPRM Comment
Period End.
VerDate Sep<11>2014
06/03/16
09/01/16
19:17 Jan 11, 2018
FR Cite
81 FR 35701
Jkt 244001
Action
Date
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Final Action .........
Final Action Effective.
09/29/16
FR Cite
81 FR 66911
10/14/16
08/17/17
09/18/17
82 FR 39160
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BF28
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
215. Setting and Adjusting Patent Fees
During Fiscal Year 2017
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: Pub. L. 112–29
Abstract: The United States Patent
and Trademark Office (Office) takes this
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Fmt 4701
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action to set and adjust Patent fee
amounts to provide the Office with a
sufficient amount of aggregate revenue
to recover its aggregate cost of
operations while helping the Office
maintain a sustainable funding model,
reduce the current patent application
backlog, decrease patent pendency,
improve quality, and upgrade the
Office’s business information
technology capability and
infrastructure.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Date
10/03/16
12/02/16
FR Cite
81 FR 68150
11/00/17
01/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brendan Hourigan,
Director, Office of Planning and Budget,
Department of Commerce, Patent and
Trademark Office, P. O. Box 1450,
Alexandria, VA 22313–1450, Phone: 571
272–8966, Fax: 571 273–8966, Email:
brendan.hourigan@uspto.gov.
RIN: 0651–AD02
[FR Doc. 2017–28208 Filed 1–11–18; 8:45 am]
BILLING CODE 3510–12–P
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[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1832-1848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28208]
[[Page 1831]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1832]]
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DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 2017 Semiannual Agenda of Regulations
AGENCY: Office of the Secretary, Commerce.
ACTION: Semiannual regulatory agenda.
-----------------------------------------------------------------------
SUMMARY: In compliance with Executive Order 12866, entitled
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act,
as amended, the Department of Commerce (Commerce), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to prerulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the spring 2017 agenda. The purpose of the agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or issued by Commerce. The agenda is intended
to facilitate comments and views by interested members of the public.
Commerce's fall 2017 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2017, through October 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the agenda
should be directed to Asha Mathew, Chief Counsel for Regulation, Office
of the Assistant General Counsel for Legislation, Regulation, and
Oversight, U.S. Department of Commerce, Washington, DC 20230,
telephone: 202-482-3151.
SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 2017
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration pursuant to
this order. By memorandum of August 18, 2017, the Office of Management
and Budget issued guidelines and procedures for the preparation and
publication of the fall 2017 Unified Agenda. The Regulatory Flexibility
Act requires agencies to publish, in the spring and fall of each year,
a regulatory flexibility agenda that contains a brief description of
the subject of any rule likely to have a significant economic impact on
a substantial number of small entities.
In this edition of Commerce's regulatory agenda, a list of the most
important significant regulatory and deregulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory Plan,
which appears in both the online Unified Agenda and in part II of the
issue of the Federal Register that includes the Unified Agenda.
In addition, beginning with the fall 2007 edition, the internet
became the basic means for disseminating the Unified Agenda. The
complete Unified Agenda is available online at www.reginfo.gov, in a
format that offers users a greatly enhanced ability to obtain
information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, Commerce's entire Regulatory Plan will continue
to be printed in the Federal Register.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office, issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare Fishery
Management Plans (FMPs) for the fisheries within their respective
areas. Regulations implementing these FMPs regulate domestic fishing
and foreign fishing where permitted. Foreign fishing may be conducted
in a fishery in which there is no FMP only if a preliminary fishery
management plan has been issued to govern that foreign fishing. In the
development of FMPs, or amendments to FMPs, and their implementing
regulations, the Councils are required by law to conduct public
hearings on the draft plans and to consider the use of alternative
means of regulating.
The Council process for developing FMPs and amendments makes it
difficult for NMFS to determine the significance and timing of some
regulatory actions under consideration by the Councils at the time the
semiannual regulatory agenda is published.
Commerce's fall 2017 regulatory agenda follows.
Peter B. Davidson,
General Counsel.
[[Page 1833]]
International Trade Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
158....................... Covered Merchandise 0625-AB10
Referrals From the
Customs Service.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
159....................... Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico.
160....................... Comprehensive Fishery 0648-BD33
Management Plan for St.
Croix.
161....................... Comprehensive Fishery 0648-BD34
Management Plan for St.
Thomas/St. John.
162....................... International Fisheries; 0648-BF41
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Treatment of U.S. Purse
Seine Fishing With
Respect to U.S.
Territories.
163....................... Omnibus Essential Fish 0648-BF82
Habitat Amendment 2.
164....................... Framework Adjustment 2 to 0648-BF85
the Tilefish Fishery
Management Plan.
165....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
166....................... Voting Criteria for a 0648-BG36
Referendum on a Gulf of
Mexico Reef Fish Catch
Share Program for For-
Hire Vessels With
Landings Histories.
167....................... Fisheries off West Coast 0648-BG40
States; Pacific Coast
Groundfish Fishery;
Authorization of an
Oregon Recreational
Fishery for Midwater
Groundfish Species.
168....................... Commerce Trusted Trader 0648-BG51
Program (Reg Plan Seq No.
12).
169....................... International Fisheries; 0648-BG66
Fishing Limits in Purse
Seine Fisheries for 2017,
Transshipment
Prohibition, and
Requirements to Safeguard
Fishery Observers.
170....................... Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
171....................... Amendment 41 to the 0648-BG77
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region.
172....................... Amendment 36A to the 0648-BG83
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
173....................... Rule to Modify the Number 0648-BG92
of Unrigged Hooks Carried
Onboard Bottom Longline
Vessels in the Gulf of
Mexico.
174....................... Allow Halibut Individual 0648-BG94
Fishing Quota Leasing to
Community Development
Quota Groups.
175....................... Nontrawl Lead Level 2 0648-BG96
Observers.
176....................... Rule to Modify Mutton 0648-BG99
Snapper and Gag
Management Measures in
the Gulf of Mexico.
177....................... Amendment 116 to the 0648-BH02
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area.
178....................... Amendment 47 to the 0648-BH07
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico.
179....................... Management Measures for 0648-BH13
Tropical Tunas in the
Eastern Pacific Ocean.
180....................... Rule to Modify Greater 0648-BH14
Amberjack Allowable
Harvest and Rebuilding
Plan in the Gulf of
Mexico.
181....................... Atlantic Highly Migratory 0648-BH17
Species; Individual
Bluefin Quota Program;
Quarterly Accountability.
182....................... Designate Critical Habitat 0648-BC45
for the Hawaiian Insular
False Killer Whale
Distinct Population
Segment.
183....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
184....................... Endangered and Threatened 0648-BG26
Species; Designation of
Critical Habitat for
Threatened Caribbean and
Indo-Pacific Reef-
Building Corals (Reg Plan
Seq No. 11).
185....................... Regulatory Amendment to 0648-BG57
Authorize a Recreational
Quota Entity.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
186....................... Modification of the 0648-BE77
Temperature-Dependent
Component of the Pacific
Sardine Harvest Guideline
Control Rule to
Incorporate New
Scientific Information.
187....................... Pacific Coast Groundfish 0648-BE90
Fishing Capacity
Reduction Loan Refinance.
188....................... Pacific Coast Groundfish 0648-BF12
Trawl Rationalization
Program; Widow Rockfish
Reallocation in the
Individual Fishing Quota
Fishery.
189....................... Regulatory Amendment to 0648-BF52
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
the Pacific Whiting
Fishery.
190....................... Blueline Tilefish 0648-BF86
Amendment to the Golden
Tilefish Fishery
Management Plan.
191....................... Magnuson-Stevens Act 0648-BG17
Provisions; Fisheries off
West Coast States;
Pacific Coast Groundfish
Fishery; Specifications
and Management Measures
and Fishery Management
Plan Amendment 27.
192....................... Amendment 46 to the 0648-BG87
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico to
Establish a Gray
Triggerfish Rebuilding
Plan.
193....................... International Fisheries; 0648-BG93
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Limits in Purse
Seine Fisheries for 2017.
194....................... Regulation to Reduce 0648-BG45
Incidental Bycatch and
Mortality of Sea Turtles
in the Southeastern U.S.
Shrimp Fisheries.
195....................... Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
196....................... Mallows Bay-Potomac River 0648-BG02
National Marine Sanctuary
Designation.
------------------------------------------------------------------------
[[Page 1834]]
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
197....................... Amendment 39 to the 0648-BD25
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
198....................... Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
199....................... Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
200....................... Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
201....................... Amendment 18 to the 0648-BF26
Northeast Multispecies
Fishery Management Plan.
202....................... Amendment 26 to the 0648-BG03
Fishery Management Plan
for Coastal Migratory
Pelagic Resources of the
Gulf of Mexico and South
Atlantic.
203....................... Amendment 43 to the 0648-BG18
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
204....................... Protected Species Hard 0648-BG23
Caps for the California/
Oregon Large-Mesh Drift
Gillnet Fishery.
205....................... Amendment 37 to the 0648-BG33
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region.
206....................... Unmanaged Forage Fish 0648-BG42
Omnibus Amendment.
207....................... Pacific Coast Groundfish; 0648-BG47
Establish an Interim 2017
Pacific Coast Tribal
Pacific Whiting
Allocation.
208....................... Fishing Year 2017 0648-BG52
Recreational Fishing
Measures for Gulf of
Maine Cod and Haddock.
209....................... Framework Adjustment 56 to 0648-BG53
the Northeast
Multispecies Fishery
Management Plan.
210....................... Amendment 114 for 0648-BG54
Groundfish of the Bering
Sea/Aleutian Islands
Management Area and
Amendment 104 for
Groundfish of the Gulf of
Alaska; Electronic
Monitoring.
211....................... Revisions to the Pacific 0648-BG61
Halibut Catch Sharing
Plan, Codified
Regulations, and Annual
Management Measures for
2017 and Beyond.
212....................... International Fisheries; 0648-BG67
Pacific Tuna Fisheries;
Fishing Restriction on
Tropical Tuna in the
Eastern Pacific Ocean.
213....................... 2017 Summer Flounder and 0648-BG68
Scup Recreational Harvest
Measures.
214....................... Designation of Critical 0648-BF28
Habitat for the Gulf of
Maine, New York Bight,
Chesapeake Bay, Carolina,
and South Atlantic
Distinct Population
Segments of Atlantic
Sturgeon.
------------------------------------------------------------------------
Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
215....................... Setting and Adjusting 0651-AD02
Patent Fees During Fiscal
Year 2017.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Proposed Rule Stage
158. Covered Merchandise Referrals From the Customs Service
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114-125, sec. 421
Abstract: The Department of Commerce (the Department) is proposing
to amend its regulations to set forth procedures to address covered
merchandise referrals from U.S. Customs and Border Protection (CBP or
the Customs Service).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Emily Beline, Department of Commerce, International
Trade Administration, 1401 Constitution Avenue NW, Washington, DC
20230, Phone: 202 482-1096, Email: [email protected].
RIN: 0625-AB10
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
159. Comprehensive Fishery Management Plan for Puerto Rico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive Puerto Rico
Fishery Management Plan. The Plan will incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to Puerto Rico exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
Puerto Rico. If approved, this new Puerto Rico Fishery Management Plan,
in conjunction with similar comprehensive Fishery Management Plans
being developed for St. Croix and St. Thomas/St. John, will replace the
Spiny Lobster, Reef Fish, Coral and Queen Conch Fishery Management
Plans presently governing the commercial and recreational harvest in
U.S. Caribbean exclusive economic zone waters.
Timetable:
[[Page 1835]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD32
160. Comprehensive Fishery Management Plan for St. Croix
E.O. 13771 Designation: Not subject to, not significant
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Croix
Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Croix exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
St. Croix. If approved, this new St. Croix Fishery Management Plan, in
conjunction with similar comprehensive Fishery Management Plans being
developed for Puerto Rico and St. Thomas/St. John, will replace the
Spiny Lobster, Reef Fish, Coral and Queen Conch Fishery Management
Plans presently governing the commercial and recreational harvest in
U.S. Caribbean exclusive economic zone waters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD33
161. Comprehensive Fishery Management Plan for St. Thomas/St. John
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Thomas/St.
John Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Thomas/St. John
exclusive economic zone waters. The goal of this action is to create a
Fishery Management Plan tailored to the specific fishery management
needs of St. Thomas/St. John. If approved, this new St. Thomas/St. John
Fishery Management Plan, in conjunction with similar comprehensive
Fishery Management Plans being developed for St. Croix and Puerto Rico,
will replace the Spiny Lobster, Reef Fish, Coral and Queen Conch
Fishery Management Plans presently governing the commercial and
recreational harvest in U.S. Caribbean exclusive economic zone waters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD34
162. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish rules and/or procedures to
address the treatment of U.S.-flagged purse seine vessels and their
fishing activities in regulations issued by the National Marine
Fisheries Service that implement decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (Commission), of which the United
States is a member. Under the Western and Central Pacific Fisheries
Convention Implementation Act, the National Marine Fisheries Service
exercises broad discretion when determining how it implements
Commission decisions, such as purse seine fishing restrictions. The
National Marine Fisheries Service intends to examine the potential
impacts of the domestic implementation of Commission decisions, such as
purse seine fishing restrictions, on the economies of the U.S.
territories that participate in the Commission, and examine the
connectivity between the activities of U.S.-flagged purse seine fishing
vessels and the economies of the territories. Based on that and other
information, the National Marine Fisheries Service might propose
regulations that mitigate adverse economic impacts of purse seine
fishing restrictions on the U.S. territories and/or that, in the
context of the Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), recognize that one or more of the U.S. territories have
their own purse seine fisheries that are distinct from the purse seine
fishery of the United States and that are consequently subject to
special provisions of the Convention and of Commission decisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/23/15 80 FR 64382
ANPRM Comment Period End............ 11/23/15 .......................
NPRM................................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BF41
163. Omnibus Essential Fish Habitat Amendment 2
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery Management Council voted to issue
this updated rulemaking that would revise the essential fish habitat
and habitat areas of particular concern designation based on recent
groundfish data. This rule would update groundfish seasonal spawning
closures and identify Habitat Research Areas. The proposed revisions
include adding a habitat management area in the eastern Gulf of Maine
and modifying the existing habitat management areas in the central and
[[Page 1836]]
western Gulf of Maine, while maintaining additional protections for
large-mesh groundfish, including cod. In addition, the amendment would
allow for the potential for development of a scallop access area within
Georges Bank. A habitat management area would be established on Georges
Shoal, with allowances for the clam dredge fishery. In Southern New
England, a habitat management area in the Great South Channel would
replace the current habitat protections further west. These revisions
are intended to comply with the Magnuson-Stevens Act requirement to
minimize to the extent practicable the adverse effects of fishing on
essential fish habitat.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BF82
164. Framework Adjustment 2 to the Tilefish Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery Management Council has developed
a framework adjustment to its Tilefish Fishery Management Plan, which
would modify management measures for the tilefish fishery to improve
the management of the species. The proposed measures would: eliminate
the current call-in reporting requirement; prohibit a vessel from
fishing for more than one Individual Fishing Quota allocation at the
same time; require tilefish to be landed with the head attached;
clarify what fishing gears are allowed in the recreational fishery; and
make an administrative change to how assumed discards are accounted for
in the specifications setting process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BF85
165. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South
Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG04
166. Voting Criteria for a Referendum on a Gulf of Mexico Reef Fish
Catch Share Program for For-Hire Vessels With Landings Histories
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 42 to the Fishery Management Plan for Reef Fish
Resources in the Gulf of Mexico (Amendment 42) proposes to establish a
catch share program for up to five species of reef fish for headboats
with landings history in the Southeast Region Headboat Survey. This
rule would inform the public of the procedures, schedule, and
eligibility requirements that NOAA Fisheries would use in conducting
the referendum that is required before the Gulf of Mexico Fishery
Management Council (Council) can submit Amendment 42 for Secretarial
review.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG36
167. Fisheries Off West Coast States; Pacific Coast Groundfish Fishery;
Authorization of an Oregon Recreational Fishery for Midwater Groundfish
Species
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would authorize the use of midwater long-leader
gear for recreational fishing in waters seaward of a line approximating
40 fathoms (73 m) off the coast of Oregon. Midwater long-leader gear
would be allowed for both charter and private vessels seaward of the 40
fathom seasonal depth closure and monitored with the existing Oregon
Ocean Recreational Boat Sampling program. The season would be limited
and occur between the months of April and September, months currently
subject to depth restrictions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG40
168. Commerce Trusted Trader Program
Regulatory Plan: This entry is Seq. No. 12 in part II of this issue
of the Federal Register.
RIN: 0648-BG51
[[Page 1837]]
169. International Fisheries; Fishing Limits in Purse Seine Fisheries
for 2017, Transshipment Prohibition, and Requirements To Safeguard
Fishery Observers
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish a limit on fishing effort by
U.S. purse seine fishing vessels in 2017; prohibit U.S. vessels used to
fish for highly migratory species from transshipping catch in a
particular area of high seas and remove certain reporting requirements
applicable to such vessels in that area; and establish requirements to
enhance the safety of fishery observers on highly migratory species
fishing vessels. This rule would be issued under the authority of the
Western and Central Pacific Fisheries Convention Implementation Act,
and pursuant to decisions made by the Commission for the Conservation
and Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean. This action is necessary for the United States
to satisfy its obligations under the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean, to which it is a Contracting Party.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG66
170. Rule To Implement the For-Hire Reporting Amendments
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to implement Amendment 39 for the
Snapper-Grouper Fishery of the South Atlantic Region, Amendment 9 for
the Dolphin and Wahoo Fishery of the Atlantic, and Amendment 27 to the
Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic
Regions (For-Hire Reporting Amendments). The For-Hire Reporting
Amendments rule proposes mandatory weekly electronic reporting for
charter vessel operators with a Federal for-hire permit in the snapper-
grouper, dolphin wahoo, or coastal migratory pelagics fisheries;
reduces the time allowed for headboat operators to complete their
electronic reports; and requires location reporting by charter vessels
with the same level of detail currently required for headboat vessels.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG75
171. Amendment 41 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS proposes regulations to implement Amendment 41. This
amendment would update biological benchmarks, modify allowable fishing
levels, and revise management measures for mutton snapper based on the
latest stock assessment. Revisions to management measures include
designation of ``spawning months,'' during which stricter regulations
may apply, as well as modifications to the minimum size limit,
recreational bag limit, and commercial trip limit.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 09/26/17 82 FR 44756
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG77
172. Amendment 36A to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements Amendment 36A to the Fishery
Management Plan for reef fish resources in the Gulf of Mexico by
considering modifications to improve compliance and increase management
flexibility in the red snapper and grouper-tilefish commercial
individual fishing quota programs in the Gulf of Mexico. In accordance
with Amendment 36A, this action proposes to improve compliance with the
individual fishing quota program by requiring all commercial reef fish
permit holders to hail-in at least 3 hours, but no more than 24 hours,
in advance of landing. It also proposes to address non-activated
individual fishing quota accounts and provide the regional
administrator with authority to retain annual allocation if a quota
reduction is expected to occur.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG83
173. Rule To Modify the Number of Unrigged Hooks Carried
Onboard Bottom Longline Vessels in the Gulf of Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would modify the number of hooks a bottom
longline vessel could carry on board in the Gulf of Mexico. Amendment
31 to the Fishery Management Plan for Reef Fish Resources in the Gulf
of Mexico, originally implemented in February 2010, limited the number
of hooks a bottom longline vessel could carry to 1,000 hooks of which
no more than 750 could be fished or rigged to fish at any one time.
Industry representatives have indicated that hook loss due to shark
bites has increased over time observer data has also shown an increase
in the number of hooks lost per trip since 2010. As recommended
recently by the Gulf of Mexico Fishery Management
[[Page 1838]]
Council, this rule would remove the cap on the number of hooks per
vessel while retaining the limit of 750 hooks that could be fished or
rigged to fish.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG92
174. Allow Halibut Individual Fishing Quota Leasing to
Community Development Quota Groups
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1861 et seq.; 16 U.S.C. 773 et seq.
Abstract: This action would allow Western Alaska Community
Development Quota groups to lease halibut individual fishing quota in
the Bering Sea and Aleutian Islands in years of low halibut catch
limits. The Community Development Quota Program is an economic
development program that provides eligible western Alaska villages with
the opportunity to participate and invest in fisheries. The Community
Development Quota Program receives annual allocations of total
allowable catches for a variety of commercially valuable species. In
recent years, low halibut catch limits have hindered most Community
Development Quota groups' ability to create a viable halibut fishing
opportunity for their residents. This proposed rule would authorize
Community Development Quota groups to obtain additional halibut quota
from commercial fishery participants to provide Community Development
Quota community residents more fishing opportunities in years when the
halibut Community Development Quota allocation may not be large enough
to present a viable fishery for participants. This proposed rule is
intended to alleviate the adverse economic, social, and cultural
impacts of decreasing available halibut resource on Western Alaskan
communities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BG94
175. Nontrawl Lead Level 2 Observers
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify regulations pertaining to the
nontrawl lead level 2 observer deployment endorsement and require
vessels to participate in a pre-cruise meeting when necessary. An
observer deployed on a catcher/processor that participates in the
Bering Sea and Aleutian Islands hook-and-line Pacific cod fishery or on
a catcher/processor using pot gear to harvest groundfish in the Western
Alaska Community Development Quota fisheries is required to have a
nontrawl lead level 2 deployment endorsement. Since 2014, vessel owners
and observer provider firms have reported an ongoing shortage of
nontrawl lead level 2 endorsed observers that has delayed fishing trips
and increased operational costs. This action would increase the pool of
observers that could obtain the nontrawl lead level 2 endorsement by
allowing sampling experience on trawl catcher/processors to count
toward the minimum experience necessary to obtain a nontrawl lead level
2 deployment endorsement. The action would benefit the owners and
operators of catcher/processor vessels required to carry an observer
with a nontrawl lead level 2 endorsement, observer provider firms, and
individuals serving as certified observers. This action also includes a
revision to the observer coverage requirement for motherships receiving
unsorted codends from catcher vessels groundfish Community Development
Quota fishing and numerous housekeeping measures and technical
corrections. These additional updates and corrections are necessary to
improve terminology consistency throughout the regulations and, for
operational consistency, to align mothership observer coverage
requirements with Amendment 80 vessels consistent with the regulation
of harvest provisions of the Magnuson-Stevens Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BG96
176. Rule To Modify Mutton Snapper and Gag Management Measures
in the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish annual catch limits from 2017
through 2020 for the Gulf of Mexico apportionment of mutton snapper and
remove the annual catch target because this target is not currently
used for management purposes. This rule would also establish a
recreational bag limit for mutton snapper, modify the minimum size
limit for commercial and recreational mutton snapper, and modify the
commercial minimum size limit for gag. The majority of mutton snapper
and gag landings are from waters adjacent to Florida, and the changes
in bag and size limits would make these management measures consistent
with those established for Florida state waters and in the case of gag,
with South Atlantic Federal regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG99
177. Amendment 116 to the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would further limit access to the Bering Sea
and
[[Page 1839]]
Aleutian Islands yellowfin sole Trawl Limited Access fishery by catcher
vessels delivering to offshore motherships or catcher/processors. In
recent years, an unexpected increase in participation in the offshore
sector of this fishery by catcher vessels allowed under current
regulations has resulted in an increased yellowfin sole catch rate and
a shorter fishing season. The North Pacific Fishery Management Council
recently determined that limiting the number of eligible licenses
assigned to catcher vessels in this fishery could stabilize the fishing
season duration, provide better opportunity to increase production
efficiency, and help reduce bycatch of Pacific halibut. This action
would modify the License Limitation Program by establishing eligibility
criteria for licenses assigned to catcher vessels to participate in
this fishery based on historic participation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BH02
178. Amendment 47 to the Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would revise the maximum sustainable yield
proxy and adjust the annual catch limit for the vermilion snapper stock
within the Fishery Management Plan for Reef Fish Resources of the Gulf
of Mexico. The Gulf of Mexico Fishery Management Council (Council)
approved this action at their June 2017 meeting in response to a 2016
stock assessment for vermilion snapper. The estimate of maximum
sustainable yield is dependent upon the spawner-recruit relationship.
For vermilion snapper, there is a high degree of variability in the
data used and the Council's Scientific and Statistical Committee had
little confidence in the resulting estimate of maximum sustainable
yield. Instead, the SSC recommended the use of a maximum sustainable
yield proxy. This action is necessary to establish: a maximum
sustainable yield proxy and associated status determination criteria
that are consistent with the best scientific information available, and
an annual catch limit that does not exceed the acceptable biological
catch yields from the 2016 stock.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BH07
179. Management Measures for Tropical Tunas in the Eastern
Pacific Ocean
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: This proposed rule would implement the Inter-American
Tropical Tuna Commission's Resolution C-17-02, which contains
provisions intended to prevent the overfishing of tropical tuna
(bigeye, yellowfin, and skipjack) in the eastern Pacific Ocean for
fishing years 2018 to 2020. In addition to rolling over measures from
the 2017 resolution, this resolution includes additional management
measures related to fish aggregating devices, makes minor revisions to
the definition of force majeure, includes provisions related to
transferring longline catch limits for bigeye tuna between Inter-
American Tropical Tuna Commission members, and increases the bigeye
tuna catch limit U.S. longline vessels greater than 24 meters in
overall length that fish in the Inter-American Tropical Tuna Commission
Convention Area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BH13
180. Rule To Modify Greater Amberjack Allowable Harvest and
Rebuilding Plan in the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would adjust the Gulf of Mexico greater
amberjack rebuilding plan, modify through 2020--based on information
from the 2017 stock assessment that indicated that the stock is not
making adequate progress towards rebuilding--greater amberjack annual
catch limits and annual catch targets (which equal the quotas) for both
the commercial and recreational fisheries. The modifications are
projected to rebuild the stock by 2027. In addition, the rule would
change the recreational seasonal closure from June through July each
year to January 1 through June 30 each year. This change would protect
the stock during peak spawning and extend the season later in the
fishing year, leading to a more reliable open season.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BH14
181. Atlantic Highly Migratory Species; Individual Bluefin
Quota Program; Quarterly Accountability
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: This action would consider modifying the Atlantic highly
migratory species regulations to require vessels in the pelagic
longline fishery to account for bycatch of bluefin tuna using
Individual Bluefin Quota on a quarterly basis instead of before
commencing any fishing trip while in quota debt or with less than the
minimum required Individual Bluefin Quota balance. Current regulations
require permitted Atlantic Tunas Longline vessels to possess a minimum
amount of Individual Bluefin Quota to depart on a fishing trip with
pelagic longline gear onboard and account for bluefin tuna catch (fish
retained or discarded dead) using Individual Bluefin Quota. At the end
of a trip on which bluefin tuna are
[[Page 1840]]
caught, a vessel's Individual Bluefin Quota balance is reduced by the
amount caught. If the trip catch exceeds the vessel's available quota,
the vessel will incur quota debt (i.e., exceeding its available
Individual Bluefin Quota balance). In this case, the regulations
currently require the vessel to obtain additional Individual Bluefin
Quota through leasing to resolve that quota debt and to acquire the
minimum Individual Bluefin Quota amount, before departing on a
subsequent trip using pelagic longline gear. This action would
implement accountability on a quarterly basis instead of after each
trip to minimize constraints on fishing for target species and support
business planning while accounting for all bluefin tuna catch and
maintaining incentives to avoid bluefin catch. Quarterly accountability
would require vessel owners to resolve quota debt and obtain the
minimum amount of Individual Bluefin Tuna prior to fishing for the
first time during each new calendar quarter. The annual U.S. Bluefin
tuna quota would remain unaffected by this measure, as it results from
International Commission for the Conservation of Atlantic Tunas
recommendations. Through the proposed rule, NMFS would consider the
potential impacts of this approach on the Individual Bluefin Tuna
Program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, Room 13362, 1315 East-West Highway, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected].
RIN: 0648-BH17
182. Designate Critical Habitat for the Hawaiian Insular False Killer
Whale Distinct Population Segment
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: In 2012, NMFS listed as endangered the main Hawaiian
Islands (MHI) insular false killer whale (Pseudorca crassidens)
Distinct Population Segment (DPS). The Endangered Species Act (ESA)
requires NMFS to designate critical habitat to support the conservation
and recovery of newly listed species. Accordingly, this proposed rule
would designate critical habitat for the MHI insular false killer whale
DPS in waters around the MHI. NMFS will consider the economic, national
security, or other relevant impacts of the proposed designation, and
would consider excluding areas where such negative impacts would
outweigh the benefits of critical habitat designation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BC45
183. Amendment and Updates to the Pelagic Longline Take Reduction Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality of the Western North
Atlantic short-finned pilot whale stock incidental to the Category I
Atlantic pelagic longline fishery continues at levels exceeding their
Potential Biological Removal. This proposed action will examine a
number of management measures to amend the Pelagic Longline Take
Reduction Plan to reduce the incidental mortality and serious injury of
short-finned pilot whales taken in the Atlantic Pelagic Longline
fishery to below Potential Biological Removal. Potential management
measures may include changes to the current limitations on mainline
length, new requirements to use weak hooks (hooks with reduced breaking
strength), and non-regulatory measures related to determining the best
procedures for safe handling and release of marine mammals. The need
for the proposed action is to ensure the Pelagic Longline Take
Reduction Plan meets its Marine Mammal Protection Act mandated short-
and long-term goals.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BF90
184. Endangered and Threatened Species; Designation of Critical Habitat
for Threatened Caribbean and Indo-Pacific Reef-Building Corals
Regulatory Plan: This entry is Seq. No. 11 in part II of this issue
of the Federal Register.
RIN: 0648-BG26
185. Regulatory Amendment To Authorize a Recreational Quota Entity
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 773 to 773k
Abstract: The proposed action would authorize a recreational quota
entity in International Pacific Halibut Commission Regulatory Areas 2C
and 3A in the Gulf of Alaska to purchase a limited amount of commercial
halibut quota share for use in the charter halibut fishery. The
recreational quota entity would provide a mechanism for a compensated
reallocation of a portion of commercial halibut quota share from the
Pacific Halibut and Sablefish Individual Fishing Quota Program to the
charter halibut fishery in order to promote long-term planning and
greater stability in the charter halibut fishery. Any halibut quota
share from Area 2C or Area 3A purchased by the recreational quota
entity would augment the amount of halibut available for harvest in the
charter halibut fishery in that area. Underlying allocations to the
charter and commercial halibut sectors would not change.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BG57
[[Page 1841]]
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
186. Modification of the Temperature-Dependent Component of the Pacific
Sardine Harvest Guideline Control Rule To Incorporate New Scientific
Information
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Pursuant to a recommendation of the Pacific Fishery
Management Council (Council) under the Magnuson-Stevens Act, the
National Marine Fisheries Service is proposing to use a new temperature
index to calculate the temperature parameter of the Pacific sardine
harvest guideline control rule under the Fishery Management Plan. The
harvest guideline control rule, in conjunction with the overfishing
limit and acceptable biological catch control rules, is used to set
annual harvest levels for Pacific sardine. The temperature parameter is
calculated annually. The National Marine Fisheries Service determined
that a new temperature index is more statistically sound and this
action will adopt that index.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/23/17 82 FR 39977
NPRM Comment Period End............. 09/22/17 .......................
Final Action........................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BE77
187. Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 1861 et seq.; 5
U.S.C. 561 et seq.
Abstract: Congress enacted the 2015 National Defense Authorization
Act to refinance the existing debt obligation funding the fishing
capacity reduction program for the Pacific Coast Groundfish fishery
implemented under section 212. Pending appropriation of funds to effect
the refinance, the National Marine Fisheries Service issued proposed
regulations to seek comment on the refinancing and to prepare for an
industry referendum and final rule. However, a subsequent appropriation
to fund the refinancing was never enacted. As a result, the National
Marine Fisheries Service has no funds with which to proceed, and the
refinancing authority cannot be implemented. The National Marine
Fisheries Service is therefore withdrawing this proposed rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/06/15 80 FR 46941
NPRM Comment Period End............. 09/08/15 .......................
Withdrawal.......................... 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Pawlak, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8621, Email: [email protected].
RIN: 0648-BE90
188. Pacific Coast Groundfish Trawl Rationalization Program; Widow
Rockfish Reallocation in the Individual Fishing Quota Fishery
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In January 2011, the National Marine Fisheries Service
implemented the groundfish trawl rationalization program (a catch share
program) for the Pacific coast groundfish limited entry trawl fishery.
The program was implemented through Amendments 20 and 21 to the Pacific
Coast Groundfish Fishery Management Plan and the corresponding
implementing regulations. Amendment 20 established the trawl
rationalization program, which includes an Individual Fishing Quota
program for limited entry trawl participants, and Amendment 21
established fixed allocations for limited entry trawl participants.
During implementation of the trawl individual fishing quota program,
widow rockfish was overfished and the initial allocations were based on
its overfished status and management as a non-target species. The
National Marine Fisheries Service declared the widow rockfish rebuilt
in 2011 and, accordingly, the Pacific Fishery Management Council has
now recommended actions to manage the increased abundance of widow
rockfish. The action would reallocate individual fishing quota widow
rockfish quota share to facilitate directed harvest and would lift the
moratorium on widow rockfish quota share trading.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/29/16 81 FR 42295
NPRM Comment Period End............. 07/29/16 .......................
Final Action........................ 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BF12
189. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for the
Pacific Whiting Fishery
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement a regulatory amendment to the
Pacific Coast Groundfish Fishery Management Plan to allow Pacific
whiting vessels the option to use electronic monitoring (video cameras
and associated sensors) in place of observers to meet requirements for
100-percent observer coverage. Vessels participating in the catch share
program are required to carry an observer on all trips to ensure total
accountability for at-sea discards. For some vessels, electronic
monitoring may have lower costs than observers and a reduced logistical
burden. By allowing vessels the option to use electronic monitoring to
meet monitoring requirements, this action is intended to increase
operational flexibility and reduce monitoring costs for the Pacific
whiting fleet.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/06/16 81 FR 61161
NPRM Comment Period End............. 10/06/16 .......................
Final Action........................ 12/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 1842]]
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BF52
190. Blueline Tilefish Amendment to the Golden Tilefish Fishery
Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery Management Council has developed
an amendment to its Golden Tilefish Fishery Management Plan, which
would implement management measures for the blueline tilefish fishery
north of the Virginia/North Carolina border. This proposed action would
establish the management framework for this fishery, including:
Permitting, recordkeeping, and reporting requirements; trip limits for
both the commercial and recreational sectors of the fishery; and the
process for setting specifications and annual catch limits.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/14/17 82 FR 27223
NPRM................................ 06/28/17 82 FR 29263
NPRM Comment Period End............. 07/28/17 .......................
Final Action........................ 11/00/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BF86
191. Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Specifications and Management
Measures and Fishery Management Plan Amendment 27
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This final rule established the 2017-2018 harvest
specifications and management measures for groundfish taken in the U.S.
exclusive economic zone off the coasts of Washington, Oregon, and
California, consistent with the Magnuson-Stevens Fishery Conservation
and Management Act and the Pacific Coast Groundfish Fishery Management
Plan (Fishery Management Plan), including harvest specifications
consistent with default harvest control rules in the Fishery Management
Plan. This action also included regulations to implement Amendment 27
to the Fishery Management Plan, which adds deacon rockfish to the
Fishery Management Plan, reclassifies big skate as an actively managed
stock, adds a new inseason management process for commercial and
recreational groundfish fisheries in California, and makes several
clarifications to existing regulations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 09/30/16 81 FR 67287
NPRM................................ 10/28/16 81 FR 75266
NPRM Comment Period End............. 11/28/16
Final Rule.......................... 02/07/17 82 FR 9634
Final Rule Effective................ 02/07/17
Correcting Amendment................ 11/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG17
192. Amendment 46 to the Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico To Establish a Gray Triggerfish
Rebuilding Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Following a 2015 NMFS determination of the lack of
adequate progress in rebuilding the Gulf gray triggerfish stock, the
Gulf of Mexico Fishery Management Council had two years under the
Magnuson Stevens Act to develop actions to rebuild the affected stock.
The Council has now proposed to amend the Fishery Management Plan to
focus on the stock's rebuilding. This proposed action would implement
that amendment. The proposed action would establish a 9-year rebuilding
time period; retain the current gray triggerfish annual catch limits
and annual catch targets for the recreational and commercial sectors;
modify the recreational fixed closed season; reduce the recreational
bag limit; increase the recreational size limit; and modify the
commercial trip limit.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 08/30/17 82 FR 41205
NPRM................................ 09/25/17 82 FR 44551
NPRM Comment Period End............. 10/25/17
Final Action........................ 12/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG87
193. International Fisheries; Western and Central Pacific
Fisheries for Highly Migratory Species; Fishing Limits in Purse Seine
Fisheries for 2017
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: As authorized under the Western and Central Pacific
Fisheries Convention Implementation Act, this rule would enable NOAA
Fisheries to implement a recent decision of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (Commission). The rule would
establish a limit for calendar year 2017 on fishing effort by U.S.
purse seine vessels in the U.S. exclusive economic zone and on the high
seas between the latitudes of 20 degrees N. and 20 degrees S. in the
area of application of the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean. The limit is 1,828 fishing days. The rule also would
make corrections to outdated cross-references in existing regulatory
text. This action is necessary to satisfy the obligations of the United
States under the Convention on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), to which it is a Contracting Party.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/17 82 FR 43926
[[Page 1843]]
NPRM Comment Period End............. 10/05/17
Final Action........................ 11/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG93
194. Regulation To Reduce Incidental Bycatch and Mortality of Sea
Turtles in the Southeastern U.S. Shrimp Fisheries
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The purpose of the proposed action is to aid in the
protection and recovery of listed sea turtle populations by reducing
incidental bycatch and mortality of small sea turtles in the
Southeastern U.S. shrimp fisheries. As a result of new information on
sea turtle bycatch in shrimp trawls and turtle excluder device testing,
NMFS conducted an evaluation of the Southeastern U.S. shrimp fisheries
that resulted in a draft environmental impact statement. This rule
proposes to withdraw the alternative tow time restriction, which would
require all vessels using skimmer trawls, pusher-head trawls, and wing
nets (butterfly trawls), with the exception of vessels participating in
the Biscayne Bay wing net fishery in Miami-Dade County, Florida, to use
turtle excluder devices designed to exclude small sea turtles.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/16/16 81 FR 91097
NPRM Comment Period End............. 02/14/17
Final Action........................ 11/00/17
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG45
NOS/ONMS
195. Wisconsin-Lake Michigan National Marine Sanctuary Designation
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act (NMSA) and the Sanctuary Nomination
Process (79 FR 33851), a coalition of community groups submitted a
nomination asking NOAA to designate an area of Wisconsin's Lake
Michigan waters as a national marine sanctuary. The area being
considered for designation as a national marine sanctuary is a region
that includes 875 square miles of Lake Michigan waters and bottomlands
adjacent to Manitowoc, Sheboygan, and Ozaukee counties and the cities
of Port Washington, Sheboygan, Manitowoc, and Two Rivers. It includes
80 miles of shoreline and extends 9 to 14 miles from the shoreline. The
area contains an extraordinary collection of submerged maritime
heritage resources (shipwrecks) as demonstrated by the listing of 15
shipwrecks on the National Register of Historic Places. The area
includes 39 known shipwrecks, 123 reported vessel losses, numerous
other historic maritime-related features, and is adjacent to
communities that have embraced their centuries-long relationship with
Lake Michigan. NOAA completed its review of the nomination in
accordance with the Sanctuary Nomination Process and on February 5,
2015, added the area to the inventory of nominations that are eligible
for designation. On October 7, 2015, NOAA issued a notice of intent to
begin the designation process and asked for public comment on making
this area a national marine sanctuary. Designation under the NMSA would
allow NOAA to supplement and complement work by the State of Wisconsin
and other Federal agencies to protect this collection of nationally
significant shipwrecks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/09/17 82 FR 2269
NPRM Comment Period End............. 03/31/17
Final Rule.......................... 03/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicki Wedell, Department of Commerce, National
Oceanic and Atmospheric Administration, 1305 East-West Highway (N/
ORM6), Silver Spring, MD 20910, Phone: 301 713-7237, Fax: 301 713-0404,
Email: [email protected].
RIN: 0648-BG01
196. Mallows Bay-Potomac River National Marine Sanctuary Designation
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On September 16, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act (NMSA) and the Sanctuary Nomination
Process (79 FR 33851), a coalition of community groups submitted a
nomination asking NOAA to designate Mallows Bay-Potomac River as a
national marine sanctuary. The Mallows Bay area of the tidal Potomac
River being considered for designation as a national marine sanctuary
is an area 40 miles south of Washington, DC, off the Nanjemoy Peninsula
of Charles County, MD. The designation of a national marine sanctuary
would focus on conserving the collection of maritime heritage resources
(shipwrecks) in the area as well as expand the opportunities for public
access, recreation, tourism, research, and education. NOAA completed
its review of the nomination in accordance with the Sanctuary
Nomination Process and on January 12, 2015, added the area to the
inventory of nominations that are eligible for designation. On October
7, 2015, NOAA issued a notice of intent to begin the designation
process and asked for public comment on making this area a national
marine sanctuary. Designation under the NMSA would allow NOAA to
supplement and complement work by the State of Maryland and other
federal agencies to protect this collection of nationally significant
shipwrecks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/09/17 82 FR 2254
NPRM Comment Period End............. 03/31/17
Final Rule.......................... 03/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicki Wedell, Department of Commerce, National
Oceanic and Atmospheric Administration, 1305 East-West Highway (N/
ORM6), Silver Spring, MD 20910, Phone: 301 713-7237, Fax: 301 713-0404,
Email: [email protected].
RIN: 0648-BG02
[[Page 1844]]
DEPARTMENT OF COMMERCE (DOC)
Long-Term Actions
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service
197. Amendment 39 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The purpose of this action is to facilitate management of
the recreational red snapper component in the reef fish fishery by
reorganizing the Federal fishery management strategy to better account
for biological, social, and economic differences among the regions of
the Gulf of Mexico. Regional management would enable regions and their
associated communities to specify the optimal management parameters
that best meet the needs of their local constituents, thereby
addressing regional socio-economic concerns.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 05/13/13 78 FR 27956
-----------------------------------
Next Stage Undetermined............. To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Phone: 727 824-5305, Fax: 727 824-
5308, Email: [email protected].
RIN: 0648-BD25
198. Implementation of a Program for Transshipments by Large Scale
Fishing Vessels in the Eastern Pacific Ocean
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.; 16 U.S.C. 971 et seq.
Abstract: This rule would implement the Inter-American Tropical
Tuna Commission program to monitor transshipments by large-scale tuna
fishing vessels, and would govern transshipments by U.S. large-scale
tuna fishing vessels and carrier, or receiving, vessels. The rule would
establish: criteria for transshipping in port; criteria for
transshipping at sea by longline vessels to an authorized carrier
vessel with an Inter-American Tropical Tuna Commission observer onboard
and an operational vessel monitoring system; and require the Pacific
Transshipment Declaration Form, which must be used to report
transshipments in the Inter-American Tropical Tuna Commission
Convention Area. This rule is necessary for the United States to
satisfy its international obligations under the 1949 Convention for the
Establishment of an Inter-American Tropical Tuna, to which it is a
Contracting Party.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
[email protected].
RIN: 0648-BD59
199. Reducing Disturbances to Hawaiian Spinner Dolphins From Human
Interactions
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action would implement regulatory measures under the
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that
are resting in protected bays from take due to close approach
interactions with humans.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/05 70 FR 73426
ANPRM Comment Period End............ 01/11/06 .......................
NPRM................................ 08/24/16 81 FR 57854
NPRM Comment Period End............. 10/23/16 .......................
NPRM Comment Period Reopened........ 11/16/16 81 FR 80629
NPRM Comment Period Reopened End.... 12/01/16
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-AU02
200. Designation of Critical Habitat for the Arctic Ringed Seal
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine Fisheries Service published a final
rule to list the Arctic ringed seal as a threatened species under the
Endangered Species Act (ESA) in December 2012. The ESA requires
designation of critical habitat at the time a species is listed as
threatened or endangered, or within one year of listing if critical
habitat is not then determinable. This rulemaking would designate
critical habitat for the Arctic ringed seal. The critical habitat
designation would be in the northern Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/03/14 79 FR 71714
Proposed Rule....................... 12/09/14 79 FR 73010
Notice of Public Hearings........... 01/13/15 80 FR 1618
Comment Period Extended............. 02/02/15 80 FR 5498
-----------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BC56
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Completed Actions
201. Amendment 18 to the Northeast Multispecies Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 18 to the Northeast Multispecies Fishery
Management Plan made necessary minor administrative adjustments to
several groundfish sectors, as well as minor adjustments to fishing
activity designed to protect fishery resources while maximizing
flexibility and efficiency. Specifically, it included the following
management measures: Created an accumulation limit for either the
holdings of Potential Sector Contribution or of Northeast multispecies
permits; created a sub-annual catch limit that Handgear A permits could
enroll in and other measures pertaining to fishing with Handgear A
permits; adjusted what fishery data are considered confidential,
specifically the price of annual catch entitlement transferred within a
sector or leased between sectors; established an inshore/offshore
boundary within the Gulf of Maine with associated measures, including
creation of a Gulf of Maine cod sub-annual catch limit; adjusted the
Gulf of Maine Gear Restricted Area boundary to align with the inshore/
offshore boundary; created declaration time periods for fishing in the
inshore or offshore areas; and established a Redfish Exemption Area, in
which vessels could fish with a smaller mesh
[[Page 1845]]
net than the standard mesh size, targeting redfish.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 12/06/16 81 FR 87862
NPRM................................ 12/20/16 81 FR 92761
NPRM Comment Period End............. 02/03/17 .......................
Final Action........................ 04/21/17 82 FR 18706
Correction.......................... 04/28/17 82 FR 19630
Final Action Effective.............. 05/22/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BF26
202. Amendment 26 to the Fishery Management Plan for Coastal Migratory
Pelagic Resources of the Gulf Of Mexico and South Atlantic
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: As per Amendment 26, this rule modified the management/
stock boundary for Gulf and Atlantic migratory groups of king mackerel;
updated the biological reference points and revised the acceptable
biological catch, optimum yield, annual catch limits, and annual catch
targets for Gulf and Atlantic migratory group king mackerel; created an
incidental catch allowance of Atlantic migratory group king mackerel
caught in the shark gillnet fishery; established split season
commercial quotas and a trip limit system for the Atlantic Southern
Zone; revised the commercial quotas for Gulf zones; and modified the
recreational bag limit for Gulf migratory group king mackerel.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 12/14/16 81 FR 90314
NPRM................................ 12/29/16 81 FR 95941
NPRM Comment Period End............. 01/30/17 .......................
Final Action........................ 04/11/17 82 FR 17387
Final Action Effective.............. 05/11/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG03
203. Amendment 43 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Based on a recent stock assessment and per the Magnuson-
Stevens Fishery Conservation and Management Act, action was needed to
adjust management measures for the Gulf of Mexico (Gulf) hogfish stock
to prevent overfishing and achieve optimum yield. Consistent with the
stock assessment, this action redefined the geographic range of the
Gulf hogfish stock, set the status determination criteria, and set the
annual catch limits. This action also revised the hogfish minimum size
limit to reduce the likelihood of a season closure due to the annual
catch limit being reached and removed the provision in the regulations
that exempts hogfish from the prohibition on the use of powerheads to
take Gulf reef fish in the Gulf stressed area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 11/04/16 81 FR 76908
NPRM................................ 11/23/16 81 FR 84538
NPRM Comment Period End............. 12/23/16 .......................
Final Action........................ 07/25/17 82 FR 34574
Final Action Effective.............. 08/24/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG18
204. Protected Species Hard Caps for the California/Oregon Large-Mesh
Drift Gillnet Fishery
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service withdrew a proposed
rule to establish strict limits, termed ``hard caps,'' for the
California/Oregon large-mesh drift gillnet fishery on interactions with
certain protected species under Magnuson-Stevens Fishery Conservation
and Management Act authority. The National Marine Fisheries Service
published the proposed rule in the Federal Register on October 13,
2016. After careful consideration, the National Marine Fisheries
Service has decided that the changes discussed in the proposed rule are
not warranted at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/13/16 81 FR 70660
NPRM Comment Period Extended........ 11/23/16 81 FR 84546
NPRM Comment Period End............. 11/28/16 .......................
NPRM Comment Period Extended End.... 12/28/16 .......................
Withdrawn........................... 06/12/17 82 FR 26902
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG23
205. Amendment 37 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Amendment 37 responded to the latest stock assessment for
hogfish, which identified two stocks of hogfish for the South Atlantic
Region (managed by the South Atlantic Fishery Management Council) and
one stock of hogfish for the Gulf of Mexico (managed by the Gulf of
Mexico Fishery Management Council). The purpose of Amendment 37 was to
use the best scientific information available to modify the management
unit for hogfish in the South Atlantic Region and establish two
management units (stocks) for hogfish; establish a rebuilding plan for
the Florida Keys/East Florida stock; specify fishing levels and modify
or establish management measures for the Georgia through North Carolina
and Florida Keys/East Florida stocks of hogfish; while minimizing, to
the extent practicable, adverse social and economic effects.
Timetable:
[[Page 1846]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 10/07/16 81 FR 69774
NPRM................................ 12/16/16 81 FR 91104
NPRM Comment Period End............. 01/17/17 .......................
Final Action........................ 07/25/17 82 FR 34584
Correction Final Rule............... 08/24/17 82 FR 40075
Final Action Effective.............. 08/24/17 82 FR 34584
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG33
206. Unmanaged Forage Fish Omnibus Amendment
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This amendment was initiated to prohibit the development
of new--and expansion of existing--commercial and recreational
fisheries in mid-Atlantic Federal waters that would exploit unmanaged
forage fish species. This action added unmanaged forage species as
Ecosystem Component species to the relevant Mid-Atlantic Council
fishery management plans. The Forage Amendment established: the list of
forage species managed as Ecosystem Component species in the Mid-
Atlantic region; Management measures for all forage Ecosystem Component
species, except chub mackerel; Management measures for chub mackerel; a
mechanism for establishing new fisheries or expansion of existing
fisheries for Ecosystem Component species; and Administrative
provisions for managing Ecosystem Component species (list of fisheries
and fishing gear; permit requirement; monitoring; management unit; and
framework measures).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 03/28/17 82 FR 15311
NPRM................................ 04/24/17 82 FR 18882
NPRM Comment Period End............. 05/30/17 .......................
Final Action........................ 08/28/17 82 FR 40721
Final Action Effective.............. 09/27/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BG42
207. Pacific Coast Groundfish; Establish an Interim 2017 Pacific Coast
Tribal Pacific Whiting Allocation
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action established an interim 2017 tribal whiting
allocation. NMFS developed this final rule after discussions with the
affected tribes and the non-tribal fisheries interests. As in prior
years, this allocation was an ``interim'' allocation that was not
intended to set precedent for future years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/23/17 82 FR 14850
NPRM Comment Period End............. 04/24/17 .......................
Final Action........................ 05/08/17 82 FR 21317
Final Action Effective.............. 05/08/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG47
208. Fishing Year 2017 Recreational Fishing Measures for Gulf of Maine
Cod and Haddock
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action set recreational measures (open season,
possession limit, minimum size) for the recreational fishery for cod
and haddock in the Gulf of Maine for the 2017 fishing year (May 1,
2017, through April 30, 2018). These were proactive accountability
measures to prevent the annual catch limits from being exceeded, as
authorized by the regulations implementing the Northeast Multispecies
Fishery Management Plan. The measures were based on newly-available
catch information and previously set quotas for fishing year 2017.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/25/17 82 FR 24086
NPRM Comment Period End............. 06/09/17 .......................
Final Action Effective.............. 07/27/17 .......................
Final Action........................ 07/31/17 82 FR 35457
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BG52
209. Framework Adjustment 56 to the Northeast Multispecies Fishery
Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action set 2017 specifications for three U.S./Canada
stocks (Eastern Georges Bank cod, Eastern Georges Bank haddock, and
Georges Bank yellowtail flounder), as well as 2017-2018 specifications
for witch flounder. This action established an allocation for northern
windowpane flounder for the scallop fishery, revised catch thresholds
for implementing the scallop fishery's accountability measures for both
its Georges Bank yellowtail flounder allocation and its new northern
windowpane flounder allocation, and increased the Georges Bank haddock
catch allocation for the midwater trawl fishery.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/17 82 FR 28447
NPRM Comment Period End............. 07/07/17 .......................
Final Rule.......................... 08/01/17 82 FR 35660
Final Rule Effective................ 08/01/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BG53
[[Page 1847]]
210. Amendment 114 for Groundfish of the Bering Sea/Aleutian Islands
Management Area and Amendment 104 for Groundfish of the Gulf of Alaska;
Electronic Monitoring
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This regulation made substantive improvements to the
North Pacific Observer Program by giving certain vessels a choice to
use electronic monitoring instead of observers for collecting fishery
data. The North Pacific Fishery Management Council amended its
fisheries research plan for the fixed gear groundfish and halibut
fisheries of the Gulf of Alaska and Bering Sea and Aleutian Islands.
The Council's fisheries research plan is implemented by the North
Pacific Observer Program at the NMFS Alaska Fisheries Science Center,
and its purpose is to collect data necessary for the conservation,
management, and scientific understanding of the groundfish and halibut
fisheries off Alaska. This action allowed an electronic monitoring
system, which consists of a control center to manage the data
collection, onboard vessels to monitor the harvest and discard of fish
and other incidental catch at sea, as a supplement to existing human
observer coverage.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 03/10/17 82 FR 13302
NPRM................................ 03/23/17 82 FR 14853
NPRM Comment Period End............. 05/22/17 .......................
Final Rule.......................... 08/08/17 82 FR 36991
Final Rule Effective................ 09/07/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BG54
211. Revisions to the Pacific Halibut Catch Sharing Plan, Codified
Regulations, and Annual Management Measures for 2017 and Beyond
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 2431 et seq.; 16
U.S.C. 951 et seq.; 18 U.S.C. 773 to 773k
Abstract: This action was NMFS' annual rulemaking regarding Pacific
halibut fishing on the U.S. West Coast and implemented the Pacific
Halibut Catch Sharing Plan (Plan). The Plan, in place since 1995,
governs the allocation of the annual Pacific halibut total allowable
catch to the domestic fisheries of the U.S. West Coast, including the
Washington treaty tribes, directed and incidental commercial fisheries
and sport fisheries in each of the three West Coast states. The total
allowable catch is set by the International Pacific Halibut Commission
and approved by the Secretary of State. Based on public comment, the
Pacific Fishery Management Council (Council) recommends any revisions
necessary to the Plan to achieve management objectives for any of the
West Coast halibut fisheries to NMFS for implementation through annual
management measures. This action thus implemented the Council's
recommended 2017 revisions, which comprised minor changes to the
portion of the Plan covering sport fishery monitoring, seasons, and
retention rules.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/17 82 FR 11419
NPRM Comment Period End............. 03/15/17 .......................
Final Rule.......................... 04/20/17 82 FR 18581
Final Rule Effective................ 04/20/17 .......................
Final Rule Correction............... 06/20/17 82 FR 28012
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG61
212. International Fisheries; Pacific Tuna Fisheries; Fishing
Restriction on Tropical Tuna in the Eastern Pacific Ocean
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: This action implemented domestically a resolution (C-17-
01, Conservation of Tuna in the Eastern Pacific Ocean During 2017)
adopted at the Inter-American Tropical Tuna Commission by the United
States and other member nations. Domestic implementation of the
resolution through NMFS rulemaking action is required under the Tuna
Conventions Act in order for the United States to fulfill its
international obligations as member nation of the Inter-American
Tropical Tuna Commission (Commission). In implementing Resolution C-17-
01, this action set 2017 total allowable catch limits for yellowfin and
bigeye tuna harvested in purse seine sets on floating objects and in
sets involving chase and encirclement of dolphins. The action also
carried over management measures that were previously in place for
2016, including catch limits or prohibitions for certain large vessels,
time-area closures, and retention requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 04/11/17 82 FR 17382
Final Action Effective.............. 05/11/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BG67
213. 2017 Summer Flounder and Scup Recreational Harvest Measures
E.O. 13771 Designation: Not subject to, not significant
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule finalized management measures--such as
recreational possession limits, minimum fish sizes, and seasonal
closures--to achieve recreational harvest limits for the 2017 summer
flounder and scup recreational fisheries. Specifically, this action
established conservation equivalency in Federal waters for the 2017
recreational summer flounder fishery. Conservation equivalency means
that management would defer to state management measures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/19/17 82 FR 18411
NPRM Comment Period End............. 05/04/17 .......................
Final Action........................ 07/07/17 82 FR 31491
Final Action Effective.............. 07/07/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 1848]]
Agency Contact: John K. Bullard, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9287, Email: [email protected].
RIN: 0648-BG68
214. Designation of Critical Habitat for the Gulf of Maine, New York
Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population
Segments of Atlantic Sturgeon
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine Fisheries Service listed four
distinct population segments of Atlantic sturgeon as endangered--and
one distinct population of Atlantic sturgeon as threatened--under the
Endangered Species Act on February 6, 2012. This rule designated
critical habitat for the Gulf of Maine, New York Bight, Chesapeake Bay,
Carolina, and South Atlantic Distinct Population Segments of Atlantic
sturgeon.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/03/16 81 FR 35701
NPRM Comment Period End............. 09/01/16 .......................
NPRM Comment Period Reopened........ 09/29/16 81 FR 66911
NPRM Comment Period Reopened End.... 10/14/16 .......................
Final Action........................ 08/17/17 82 FR 39160
Final Action Effective.............. 09/18/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BF28
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
215. Setting and Adjusting Patent Fees During Fiscal Year 2017
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (Office)
takes this action to set and adjust Patent fee amounts to provide the
Office with a sufficient amount of aggregate revenue to recover its
aggregate cost of operations while helping the Office maintain a
sustainable funding model, reduce the current patent application
backlog, decrease patent pendency, improve quality, and upgrade the
Office's business information technology capability and infrastructure.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/03/16 81 FR 68150
NPRM Comment Period End............. 12/02/16 .......................
Final Rule.......................... 11/00/17 .......................
Final Rule Effective................ 01/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P. O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD02
[FR Doc. 2017-28208 Filed 1-11-18; 8:45 am]
BILLING CODE 3510-12-P