Spring 2018 Semiannual Agenda of Regulations, 27099-27116 [2018-11235]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part IV
Department of Commerce
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
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
Spring 2018 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 fall 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 spring 2018 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period May 1, 2018, through
April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information
about specific regulatory actions listed
in the agenda, contact the individual
identified as the contact person.
General: Comments or inquiries of a
general nature about the agenda should
be directed to Asha Mathew, Chief
Counsel for Regulation, Office of the
Assistant General Counsel for
Legislation and Regulation, U.S.
Department of Commerce, Washington,
DC 20230, telephone: 202–482–3151.
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SUMMARY:
Commerce
hereby publishes its spring 2018 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 January 29, 2018, the Office of
Management and Budget issued
guidelines and procedures for the
preparation and publication of the
spring 2018 Unified Agenda. The
Regulatory Flexibility Act requires
agencies to publish, in the spring and
fall of each year, a regulatory flexibility
agenda that contains a brief description
of the subject of any rule likely to have
a significant economic impact on a
substantial number of small entities,
and a list that identifies those entries
that have been selected for periodic
review under section 610 of the
Regulatory Flexibility Act.
In 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.
Within Commerce, the Office of the
Secretary and various operating units
may issue regulations. Among these
operating units, the National Oceanic
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
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 spring 2018 regulatory
agenda follows.
Peter B. Davidson,
General Counsel.
INTERNATIONAL TRADE ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
22 ......................
Covered Merchandise Referrals From the Customs Service ..........................................................................
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27101
BUREAU OF INDUSTRY AND SECURITY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
23 ......................
Expansion of Export, Reexport, and Transfer (In-Country) Controls for Military End Use or Military End
Users in the People’s Republic of China (China), Russia, or Venezuela.
0694–AH53
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
24
25
26
27
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28 ......................
29 ......................
30 ......................
31 ......................
32 ......................
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34 ......................
35
36
37
38
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39
40
41
42
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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 .............................................................
Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific
Ocean.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of
U.S. Purse Seine Fishing With Respect to U.S. Territories.
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.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements
to Safeguard Fishery Observers.
Rule to Implement the For-Hire Reporting Amendments ................................................................................
Amendment 36A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .......
Amendment 116 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area.
Framework Adjustment 57 to the Northeast Multispecies Fishery Management Plan ...................................
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and North Atlantic Albacore Quotas ......................
Framework Adjustment 5 to the Northeast Skate Complex Fishery Management Plan ................................
Generic Amendment to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico
and Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.
Atlantic Highly Migratory Species; Shortfin Mako Shark Management Measures ..........................................
Small-Mesh Multispecies 2018–2020 Specifications .......................................................................................
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.
0648–BD32
0648–BD33
0648–BD34
0648–BD59
0648–BF41
0648–BG04
0648–BG36
0648–BG66
0648–BG75
0648–BG83
0648–BH02
0648–BH52
0648–BH54
0648–BH57
0648–BH72
0648–BH75
0648–BH76
0648–BF90
0648–BG26
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
43 ......................
Modification of the Temperature-Dependent Component of the Pacific Sardine Harvest Guideline Control
Rule to Incorporate New Scientific Information.
Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for the Pacific Whiting Fishery.
Framework Adjustment 2 to the Tilefish Fishery Management Plan ..............................................................
Commerce Trusted Trader Program ................................................................................................................
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits
in Purse Seine Fisheries for 2017.
Allow Halibut Individual Fishing Quota Leasing to Community Development Quota Groups ........................
Nontrawl Lead Level 2 Observers ...................................................................................................................
Atlantic Highly Migratory Species; Revisions to Shark Fishery Closure Regulations .....................................
Rule to Modify Mutton Snapper and Gag Management Measures in the Gulf of Mexico ..............................
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 .....................................................
Interim 2018 Pacific Coast Tribal Pacific Whiting Allocation ...........................................................................
Framework Adjustment 29 to the Atlantic Sea Scallop Fishery Management Plan; Northern Gulf of Maine
Measures.
Pacific Halibut Catch Limits for Area 2A Fisheries in 2018 ............................................................................
Designate Critical Habitat for the Hawaiian Insular False Killer Whale Distinct Population Segment ...........
Regulation to Reduce Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp
Fisheries.
Regulatory Amendment to Authorize a Recreational Quota Entity .................................................................
Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................
Mallows Bay-Potomac River National Marine Sanctuary Designation ............................................................
44 ......................
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0648–BF52
0648–BF85
0648–BG51
0648–BG93
0648–BG94
0648–BG96
0648–BG97
0648–BG99
0648–BH07
0648–BH13
0648–BH31
0648–BH51
0648–BH71
0648–BC45
0648–BG45
0648–BG57
0648–BG01
0648–BG02
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation Identifier No.
Sequence No.
Title
62 ......................
63 ......................
64 ......................
Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance .........................................................
Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions .........................................
Designation of Critical Habitat for the Arctic Ringed Seal ...............................................................................
0648–BE90
0648–AU02
0648–BC56
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
65 ......................
66 ......................
Amendment 39 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .........
Pacific Coast Groundfish Trawl Rationalization Program; Widow Rockfish Reallocation in the Individual
Fishing Quota Fishery.
Omnibus Essential Fish Habitat Amendment 2 ...............................................................................................
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.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species.
Amendment 41 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region.
Amendment 46 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico to Establish a Gray Triggerfish Rebuilding Plan.
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 ....................
67 ......................
68 ......................
69 ......................
70 ......................
71 ......................
72 ......................
73 ......................
74 ......................
0648–BD25
0648–BF12
0648–BF82
0648–BF86
0648–BG17
0648–BG40
0648–BG77
0648–BG87
0648–BH14
0648–BH17
PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
75 ......................
Setting and Adjusting Patent Fees During Fiscal Year 2017 ..........................................................................
DEPARTMENT OF COMMERCE (DOC)
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
Bureau of Industry and Security (BIS)
Proposed Rule Stage
23. • Expansion of Export, Reexport,
and Transfer (In-Country) Controls for
Military End Use or Military End Users
in the People’s Republic of China
(China), Russia, or Venezuela
Proposed Rule Stage
22. 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
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NPRM ..................
FR Cite
12/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jessica Link,
Department of Commerce, International
Trade Administration, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202 482–1411.
RIN: 0625–AB10
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E.O. 13771 Designation: Other.
Legal Authority: 10 U.S.C. 7420; 10
U.S.C. 7430(e); 15 U.S.C. 1824a; 22
U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22
U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 30 U.S.C. 185(s); 30 U.S.C.
185(u); 42 U.S.C. 2139a; 43 U.S.C. 1354;
50 U.S.C. 1701 et seq.; 50 U.S.C. 4305;
50 U.S.C. 4601 et seq.; E.O. 12058; E.O.
12851; E.O. 12938; E.O. 12947; E.O.
13026; E.O. 13099; E.O. 13222; E.O.
13224; Pub. L. 108–11
Abstract: The Bureau of Industry and
Security (BIS) proposes to amend the
Export Administration Regulations
(EAR) to expand license requirements
on exports, reexports, and transfers (incountry) of items intended for military
end use or military end users in the
Peoples Republic of China (China),
Russia, or Venezuela. Specifically, this
rule would expand the licensing
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requirements for China to include
‘‘military end users,’’ in addition to
‘‘military end use.’’ It would broaden
the items for which the licensing
requirements and review policy apply
and expand the definition of ‘‘military
end use.’’ Next, it would create a new
reason for control and associated review
policy for regional stability for certain
items to China, Russia, or Venezuela,
moving existing text related to this
policy. Finally, it would add Electronic
Export Information filing requirements
in the Automated Export System for
exports to China, Russia, and
Venezuela.
Timetable:
Action
NPRM ..................
Date
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Hillary Hess,
Director, Regulatory Policy Division,
Department of Commerce, Bureau of
Industry and Security, 14th Street and
Pennsylvania Avenue NW, Washington,
DC 20230, Phone: 202 482–2440, Fax:
202 482–3355, Email: hillary.hess@
bis.doc.gov.
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RIN: 0694–AH53
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
24. 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:
Action
Date
NPRM ..................
FR Cite
04/00/19
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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
25. 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
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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
NPRM ..................
FR Cite
04/00/19
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
26. 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
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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
NPRM ..................
Date
FR Cite
04/00/19
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
27. 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
NPRM ..................
Date
FR Cite
09/00/18
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
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97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BD59
28. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Treatment of U.S.
Purse Seine Fishing With Respect to
U.S. Territories
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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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
10/23/15
11/23/15
FR Cite
80 FR 64382
04/00/19
Regulatory Flexibility Analysis
Required: Yes.
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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
29. 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. The rule would
implement only those aspects of the
Treaty amendments that can be
implemented under the existing South
Pacific Tuna Act.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/18
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
30. 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
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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
NPRM ..................
Date
FR Cite
02/00/19
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
31. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; 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
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
NPRM ..................
Date
FR Cite
06/00/18
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,
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Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG66
32. 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
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
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33. 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 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
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landing. It also proposes to address nonactivated 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
Notice of Availability.
NPRM ..................
02/21/18
FR Cite
83 FR 7447
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–BG83
34. 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
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
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
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Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BH02
35. • Framework Adjustment 57 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: The proposed action would
implement management measures
included in Framework Adjustment 57
to the Northeast Multispecies Fishery
Management Plan (Framework 57) that
were developed by the New England
Fishery Management Council in
response to new scientific information.
The proposed action would set 2018–
2020 specifications for 20 Northeast
multispecies stocks, including the three
U.S./Canada stocks (Eastern Georges
Bank cod, Eastern Georges Bank
haddock, and Georges Bank yellowtail
flounder). Specifically, this action
would also: Revise the trimester quotas
for the common pool fishery; set the
southern New England/mid-Atlantic
yellowtail flounder quota for the scallop
fishery; revise the areas, seasons, and
vessels subject to the Atlantic halibut
accountability measures; adjust the
areas, seasons, and triggers for southern
windowpane flounder accountability
measures for non-groundfish fisheries;
revise catch thresholds for
implementing the scallop fishery’s
accountability measures for southern
New England yellowtail flounder; and
provide the Regional Administrator
with authority to adjust recreational
measures for Georges Bank cod for 2018
and 2019 to address recent increases in
catch.
Timetable:
Action
NPRM ..................
Date
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BH52
36. • Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna and North
Atlantic Albacore Quotas
E.O. 13771 Designation: Not subject
to, not significant.
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Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: The rule would modify the
baseline annual U.S. Atlantic bluefin
tuna quota and subquotas, as well as the
baseline annual U.S. North Atlantic
albacore (northern albacore) quota. This
action is necessary to implement
binding recommendations of the
International Commission for the
Conservation of Atlantic Tunas, as
required by the Atlantic Tunas
Convention Act, and to achieve
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act. The
rule also would implement a minor
change to the Atlantic tunas size limit
regulations to address retention,
possession, and landings of tunas
damaged by shark bites.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 713–2334, Fax:
301 713–0596, Email: alan.risenhoover@
noaa.gov.
RIN: 0648–BH54
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37. • Framework Adjustment 5 to the
Northeast Skate Complex Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery
Management Council developed
Framework Adjustment 5 to the
Northeast Skate Complex Fishery
Management Plan. Framework 5
contains specifications for the skate
fishery for the 2018–2019 fishing years.
The Council is proposing to adjust
specifications based on new scientific
information and is proposing an annual
catch limit for the skate complex and
overall total allowable landings.
Landing of barndoor skate is currently
prohibited, but in response to NMFS’
declaring the stock rebuilt in 2016, the
Council proposed measures within
Framework 5 to allow some retention of
the stock. When approved, Framework 5
would: Establish a barndoor skate
possession limit for season 1 (May 1
August 31), and season 2 (September 1
April 30), and establish a discard
restriction such that any skate species
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that is already winged could not be
discarded in order to land barndoor
skate. Lastly, in order to provide
flexibility for U.S. vessels fishing in the
Northwest Atlantic Fisheries
Organization area to maximize their
skate retention, Framework 5 establishes
measures to exempt vessels from skate
regulations when fishing exclusively
within the Northwest Atlantic Fisheries
Organization Regulatory Area, except
for the prohibition on possessing,
retaining, or landing prohibited species.
Timetable:
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BH57
38. • Generic Amendment to the
Fishery Management Plans for the Reef
Fish Resources of the Gulf of Mexico
and Coastal Migratory Pelagic
Resources in the Gulf of Mexico and
Atlantic Region
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended
by the Gulf of Mexico Fishery
Management Council, would modify
data reporting for owners or operators of
federally permitted for-hire vessels
(charter vessels and headboats) in the
Gulf of Mexico, requiring them to
declare the type of trip (for-hire or
other) prior to departing for any trip,
and electronically submit trip-level
reports prior to off-loading fish at the
end of each fishing trip. The declaration
would include the expected return time
and landing location. Landing reports
would include information about catch
and effort during the trip. The action
would also require that these reports be
submitted via approved hardware that
includes a global positioning system
attached to the vessel that is capable, at
a minimum, of archiving global
positioning system locations. This
requirement would not preclude the use
of global positioning system devices that
provide real-time location data, such as
the currently approved vessel
monitoring systems.
Timetable:
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Action
NPRM ..................
Date
FR Cite
10/00/18
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–BH72
39. • Atlantic Highly Migratory Species;
Shortfin Mako Shark Management
Measures
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory
Species fisheries are managed under the
dual authority of the Magnuson-Stevens
Conservation and Management Act
(Magnuson-Stevens Act) and the
Atlantic Tunas Convention Act, which
implements U.S. obligations as member
of the International Commission for the
Conservation of Atlantic Tunas. North
Atlantic shortfin mako sharks were
recently determined to be overfished
and experiencing overfishing, and the
Commission’s member countries,
including the United States, adopted
management measures in 2017 to take
immediate action to reduce fishing
mortality of the stock, including
releasing of live sharks and increasing
minimum sizes. This proposed action
for shortfin mako sharks would
implement the United States’
obligations under those management
measures to help prevent overfishing of
the U.S. component of that stock and
establish a foundation for a rebuilding
program. Through the rulemaking
process, NMFS would amend the 2006
Consolidated Highly Migratory Species
Fishery Management Plan and examine
management alternatives to address
overfishing and establish a foundation
for a rebuilding plan. This rulemaking
would likely impact recreational and
commercial fishing vessels that interact
with shortfin mako sharks.
Timetable:
Action
NPRM ..................
Date
FR Cite
07/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
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Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 713–2334, Fax:
301 713–0596, Email: alan.risenhoover@
noaa.gov.
RIN: 0648–BH75
40. • Small-Mesh Multispecies 2018–
2020 Specifications
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would set the
small-mesh multispecies specifications
for the 2018–2020 fishing years and
reinstate regulatory text that was
inadvertently removed from the
regulations in a previous action. The
proposed action recommended by the
New England Fishery Management
Council would adjust the catch
specifications during 2018–2020 for four
target stocks caught by small mesh
fishing gear (‘‘the small-mesh fishery’’):
Northern silver hake, northern red hake,
southern whiting, and southern red
hake. The action would adjust the
overfishing limit, the allowable
biological catch, the annual catch limits,
the total allowable landings and the
total allowable landings trigger values.
These adjustments account for the
changes in stock biomass shown in the
latest assessment update and changes in
the discard rate since the last
specifications were established. The
specification limits are intended to keep
the risk of overfishing at acceptable
levels. This action would also reinstate
regulatory text that specifies the red
hake possession limits in the southern
small mesh exemption area that NMFS
inadvertently removed during a
previous rulemaking action. The
removal was a drafting error and not
recommended by the New England
Council. The text specifies the 5,000 lbs
possession limit for red hake harvested
in the southern small mesh exemption
area. Reinstatement will reduce
confusion in the industry because it will
clarify the possession limits in the
regulations as originally intended by the
Council to help avoid exceeding the
catch limits, which could harm to the
resource.
Timetable:
daltland on DSKBBV9HB2PROD with PROPOSALS3
Action
Date
NPRM ..................
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
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Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BH76
41. 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
09/00/18
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
42. Endangered and Threatened
Species; Designation of Critical Habitat
for Threatened Caribbean and IndoPacific Reef-Building Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, the
National Marine Fisheries Service listed
20 species of reef-building corals as
threatened under the Endangered
Species Act, 15 in the Indo-Pacific and
five in the Caribbean. Of the 15 IndoPacific species, seven occur in U.S.
waters of the Pacific Islands Region,
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including in American Samoa, Guam,
the Commonwealth of the Mariana
Islands, and the Pacific Remote Island
Areas. This proposed rule would
designate critical habitat for the seven
species in U.S. waters (Acropora
globiceps, Acropora jacquelineae,
Acropora retusa, Acropora speciosa,
Euphyllia paradivisa, Isopora
crateriformis, and Seriatopora aculeata).
The proposed designation would cover
coral reef habitat around 17 island or
atoll units in the Pacific Islands Region,
including four in American Samoa, one
in Guam, seven in the Commonwealth
of the Mariana Islands, and five in
Pacific Remote Island Areas, containing
essential features that support
reproduction, growth, and survival of
the listed coral species. This rule also
proposes to designate critical habitat for
the five Caribbean corals and proposed
to revise critical habitat for two,
previously-listed corals, Acropora
palmata and Acropora cervicornis.
Timetable:
Action
NPRM ..................
Date
FR Cite
12/00/18
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–BG26
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
43. 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
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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
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05/00/18
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Regulatory Flexibility Analysis
Required: No.
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
44. 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: Deregulatory.
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
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
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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–BF52
45. 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 ..................
NPRM Comment
Period End.
Final Action .........
10/23/17
11/07/17
FR Cite
82 FR 48967
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BF85
46. Commerce Trusted Trader Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule will establish a
voluntary Commerce Trusted Trader
Program for importers, aiming to
provide benefits such as reduced
targeting and inspections and enhanced
streamlined entry into the United States
for certified importers. Specifically, this
rule would establish the criteria
required of a Commerce Trusted Trader,
and identify specifically how the
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program will be monitored and by
whom. It will require that a Commerce
Trusted Trader establish a secure supply
chain and maintain the records
necessary to verify the legality of all
designated product entering into U.S.
commerce, but will excuse the
Commerce Trusted Trader from entering
that data into the International Trade
Data System prior to entry, as required
by Seafood Import Monitoring Program
(finalized on December 9, 2016). The
rule will identify the benefits available
to a Commerce Trusted Trader, detail
the application process, and specify
how the Commerce Trusted Trader will
be audited by third-party entities while
the overall program will be monitored
by the National Marine Fisheries
Service.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
01/17/18
03/19/18
FR Cite
83 FR 2412
09/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: John Henderschedt,
Director, Office for International Affairs
and Seafood Inspection, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Room 10362, Silver
Spring, MD 20910, Phone: 301 427–
8314, Email: john.henderschedt@
noaa.gov.
RIN: 0648–BG51
47. 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
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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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
09/20/17
10/05/17
FR Cite
82 FR 43926
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–BG93
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48. 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,
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20:15 Jun 08, 2018
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and cultural impacts of decreasing
available halibut resource on Western
Alaskan communities.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/23/18
03/26/18
FR Cite
83 FR 8028
Action
49. 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
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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:
05/00/18
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
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27109
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
12/27/17
01/26/18
FR Cite
82 FR 61243
05/00/18
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
50. Atlantic Highly Migratory Species;
Revisions to Shark Fishery Closure
Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would
revise the procedures in place for
Atlantic Highly Migratory Species shark
fishery closures. The rulemaking could
change the landings level that prompts
fishery closure and the length of time
between public notice and the effective
date of a fishery closure. This action
would facilitate more timely action by
the National Marine Fisheries Service
when a closure is necessary to prevent
overharvest and help commercial shark
fisheries more fully utilize available
quota by preventing early closures.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
02/23/18
03/26/18
FR Cite
83 FR 8037
05/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 713–2334, Fax:
301 713–0596, Email: alan.risenhoover@
noaa.gov.
RIN: 0648–BG97
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51. 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/15/18
03/17/18
FR Cite
83 FR 6830
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–BG99
daltland on DSKBBV9HB2PROD with PROPOSALS3
52. 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
VerDate Sep<11>2014
20:15 Jun 08, 2018
Jkt 244001
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
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
12/19/17
82 FR 60168
12/27/17
01/26/18
82 FR 61241
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–BH07
53. 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 ..................
PO 00000
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11/14/17
Fmt 4701
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FR Cite
82 FR 52700
Action
NPRM Comment
Period End.
Final Action .........
Date
FR Cite
12/14/17
05/00/18
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
54. • Interim 2018 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: NMFS has prepared a
proposed rule for the tribal Pacific
whiting (whiting) fishery off the coast of
Washington State. The purpose would
be to establish an interim 2018 tribal
whiting allocation. NMFS is developing
this rule after discussions with the
affected tribes and the non-tribal
fisheries interests. As in prior years, this
allocation is an ‘‘interim’’ allocation that
is not intended to set precedent for
future years—a new allocation will be
set each year after discussions with the
affected tribes and fisheries interests.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
01/24/18
02/23/18
FR Cite
83 FR 3291
05/00/18
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–BH31
55. • Framework Adjustment 29 to the
Atlantic Sea Scallop Fishery
Management Plan; Northern Gulf of
Maine Measures
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements the
New England Fishery Management
Council’s Framework Adjustment 29 to
the Atlantic Sea Scallop Fishery
Management Plan. The Atlantic sea
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scallop fishery consists of two primary
fleets, the Limited Access fleet, and the
Limited Access General Category fleet.
The Limited Access fleet is managed
with days-at-sea—a number of days that
can be fished per year—and an access
area rotation program. Framework 29
would set management measures in the
Northern Gulf of Maine for the scallop
fishery for the 2018 fishing year,
including dividing the annual total
allowable catch between the Limited
Access and Limited Access General
Category fleets. Currently, Limited
Access vessels can access the Northern
Gulf of Maine while on days-at-sea with
no hard limit on landings while in the
area. This has resulted in total landings
from the Northern Gulf of Maine by the
Limited Access fleet that far exceeded
the total allowable catch for the Limited
Access General Category fleet. Instead,
this action would allow Limited Access
vessels access through research set-aside
compensation fishing. Currently the
limited access fleet is allocated days-atsea based on the condition of the scallop
resource in the open area. They can
choose to use these days-at-sea in the
Northern Gulf of Maine if the area has
not been closed. This action would
prohibit the Limited Access fleet from
accessing the Northern Gulf of Maine
while participating in the days-at-sea
program. The Limited Access fleet share
of the Northern Gulf of Maine total
allowable catch would be available
through research set-aside
compensation fishing only.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/20/18
03/07/18
83 FR 7129
05/00/18
daltland on DSKBBV9HB2PROD with PROPOSALS3
56. • Pacific Halibut Catch Limits for
Area 2a Fisheries in 2018
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is implementing this
interim final rule to set 2018 Pacific
halibut catch limits within the
International Pacific Halibut
20:15 Jun 08, 2018
Action
FR Cite
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BH51
VerDate Sep<11>2014
Commission’s regulatory Area 2A off the
coasts of Washington, Oregon and
California. In accordance with Article III
of the Protocol Amending the
Convention Between the United States
of America and Canada for the
Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering
Sea (Convention), the IPHC can
recommend, among other things, catch
limits for each fishing season. The
Secretary of State, with the concurrence
of the Secretary of Commerce, may then
accept or reject, on behalf of the United
States, the International Pacific Halibut
Commission’s recommendations.
Although the United States and Canada
voiced consensus at the International
Pacific Halibut Commission’s January
2018 annual meeting that some
reduction in catch limits relative to
2017 in all areas was appropriate,
United States and Canadian
Commissioners could not reach
consensus on specific catch limit
recommendations for 2018. As a result,
absent any action by the United States,
2017 catch limits for the U.S. halibut
fishery, which do not reflect
management needs for the current status
of the stock, will remain in place. Thus,
through this rule, the Secretary of
Commerce is exercising his authority
under Article 1 of the Convention and
section 773c of the Halibut Act to
establish catch limit regulations for Area
2A. This rule will implement Area 2A
catch limits according to the 2018 Catch
Sharing Plan.
Timetable:
Jkt 244001
Date
Interim Final Rule
FR Cite
05/00/18
Regulatory Flexibility Analysis
Required: No.
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–BH71
57. 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
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27111
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 evaluate 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
11/03/17
01/02/18
FR Cite
82 FR 51186
07/00/18
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–BC45
58. 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, and require certain 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
E:\FR\FM\11JNP4.SGM
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Date
12/16/16
02/14/17
07/00/18
FR Cite
81 FR 91097
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
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
59. Regulatory Amendment To
Authorize a Recreational Quota Entity
E.O. 13771 Designation: Deregulatory.
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
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
10/03/17
11/17/17
FR Cite
82 FR 46016
Action
05/00/18
daltland on DSKBBV9HB2PROD with PROPOSALS3
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
NOS/ONMS
60. 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
VerDate Sep<11>2014
20:15 Jun 08, 2018
Marine Sanctuaries Act 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 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 National Marine Sanctuaries
Act 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:
Jkt 244001
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/09/17
03/31/17
FR Cite
82 FR 2269
06/00/18
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–BG01
61. 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
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Marine Sanctuaries Act 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 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 National Marine Sanctuaries
Act 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 Action .........
Date
01/09/17
03/31/17
FR Cite
82 FR 2254
06/00/18
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
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
62. 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.
E:\FR\FM\11JNP4.SGM
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
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
NPRM ..................
NPRM Comment
Period End.
To Be Determined
08/06/15
09/08/15
FR Cite
Action
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To Be Determined
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
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
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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
63. 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:
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Date
NPRM ..................
Proposed Rule ....
Notice of Public
Hearings.
Comment Period
Extended.
To Be Determined
Date
64. 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:
80 FR 46941
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stuart Merrill,
Phone: 301 427–8733, Email:
stuart.merrill@noaa.gov.
RIN: 0648–BE90
Action
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–AU02
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
65. 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.
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27113
Timetable:
Action
Notice ..................
Withdrawn ...........
Date
05/13/13
02/09/18
FR Cite
78 FR 27956
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–BD25
66. 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. This action reallocated
individual fishing quota widow rockfish
quota share to facilitate directed harvest
and lifted the moratorium on widow
rockfish quota share trading.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
E:\FR\FM\11JNP4.SGM
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Date
FR Cite
06/29/16
07/29/16
81 FR 42295
11/24/17
12/26/17
82 FR 55775
27114
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RIN: 0648–BF82
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
67. Omnibus Essential Fish Habitat
Amendment 2
E.O. 13771 Designation: Deregulatory.
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 updates groundfish seasonal
spawning closures and identifies
Habitat Research Areas. The revisions
include adding a habitat management
area in the eastern Gulf of Maine and
modifying the existing habitat
management areas in the central and
western Gulf of Maine, while
maintaining additional protections for
large-mesh groundfish, including cod.
In addition, the amendment allows 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
daltland on DSKBBV9HB2PROD with PROPOSALS3
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
10/06/17
82 FR 46749
11/06/17
12/05/17
82 FR 51492
04/09/18
04/09/18
83 FR 15240
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
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68. 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 developed an
amendment to its Golden Tilefish
Fishery Management Plan, which
implements management measures for
the blueline tilefish fishery north of the
Virginia/North Carolina border. This
action establishes 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 .........
Final Action Effective.
FR Cite
06/14/17
82 FR 29263
11/15/17
12/15/17
82 FR 52851
Regulatory Flexibility Analysis
Required: No.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BF86
69. 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
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Action
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Correcting
Amendment.
Correcting
Amendment Effective.
Date
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
12/21/17
82 FR 60567
12/21/17
82 FR 27223
06/28/17
07/28/17
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:
Fmt 4701
Sfmt 4702
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
70. 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 authorizes 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 is 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 will occur between
the months of April and September,
months currently subject to depth
restrictions.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
E:\FR\FM\11JNP4.SGM
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Date
FR Cite
12/19/17
01/18/18
82 FR 60170
03/29/18
83 FR 13428
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
Action
Date
Final Action Effective.
FR Cite
04/01/18
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
71. 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 publishes regulations
to implement Amendment 41. This
amendment updates biological
benchmarks, modifies allowable fishing
levels, and revises 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 ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
09/26/17
82 FR 44756
10/24/17
11/24/17
82 FR 49167
01/11/18
02/10/18
83 FR 1305
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Regulatory Flexibility Analysis
Required: No.
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
72. 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.
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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 action implements that
amendment. The action establishes a 9year rebuilding time period; retains the
current gray triggerfish annual catch
limits and annual catch targets for the
recreational and commercial sectors;
modifies the recreational fixed closed
season, recreational bag limit,
recreational size limit, and commercial
trip limit.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
08/30/17
82 FR 41205
09/25/17
10/25/17
82 FR 44551
12/15/17
01/16/18
82 FR 59523
Regulatory Flexibility Analysis
Required: No.
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
73. 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 adjusts the Gulf of
Mexico greater amberjack rebuilding
plan, to 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
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27115
year, leading to a more reliable open
season.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
11/20/17
12/05/17
82 FR 55074
12/28/17
01/27/18
82 FR 61485
Regulatory Flexibility Analysis
Required: No.
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
74. 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 modified 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.
Previously, regulations required
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
caught, a vessel’s Individual Bluefin
Quota balance was reduced by the
amount caught. If the trip catch
exceeded the vessel’s available quota,
the vessel would incur quota debt (i.e.,
exceeding its available Individual
Bluefin Quota balance). In this case, the
regulations previously required 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 implemented
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
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
maintaining incentives to avoid bluefin
catch. Quarterly accountability requires
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 remains unaffected
by this measure, as it results from
International Commission for the
Conservation of Atlantic Tunas
recommendations.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
10/25/17
11/24/17
82 FR 49303
12/28/17
01/27/18
82 FR 61489
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 713–2334, Fax:
301 713–0596, Email: alan.risenhoover@
noaa.gov.
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RIN: 0648–BH17
Action
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
75. 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
NPRM ..................
PO 00000
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10/03/16
Fmt 4701
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NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Date
FR Cite
12/02/16
11/14/17
01/16/18
82 FR 52780
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. 2018–11235 Filed 6–8–18; 8:45 am]
BILLING CODE 3510–12–P
FR Cite
81 FR 68150
E:\FR\FM\11JNP4.SGM
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Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27099-27116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11235]
[[Page 27099]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27100]]
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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
Spring 2018 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 fall 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 spring 2018 regulatory agenda includes regulatory
activities that are expected to be conducted during the period May 1,
2018, through April 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the agenda
should be directed to Asha Mathew, Chief Counsel for Regulation, Office
of the Assistant General Counsel for Legislation and Regulation, U.S.
Department of Commerce, Washington, DC 20230, telephone: 202-482-3151.
SUPPLEMENTARY INFORMATION: Commerce hereby publishes its spring 2018
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 January 29, 2018, the Office of Management
and Budget issued guidelines and procedures for the preparation and
publication of the spring 2018 Unified Agenda. The Regulatory
Flexibility Act requires agencies to publish, in the spring and fall of
each year, a regulatory flexibility agenda that contains a brief
description of the subject of any rule likely to have a significant
economic impact on a substantial number of small entities, and a list
that identifies those entries that have been selected for periodic
review under section 610 of the Regulatory Flexibility Act.
In 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.
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 spring 2018 regulatory agenda follows.
Peter B. Davidson,
General Counsel.
International Trade Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
22........................ Covered Merchandise 0625-AB10
Referrals From the
Customs Service.
------------------------------------------------------------------------
[[Page 27101]]
Bureau of Industry and Security--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
23........................ Expansion of Export, 0694-AH53
Reexport, and Transfer
(In-Country) Controls for
Military End Use or
Military End Users in the
People's Republic of
China (China), Russia, or
Venezuela.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
24........................ Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico.
25........................ Comprehensive Fishery 0648-BD33
Management Plan for St.
Croix.
26........................ Comprehensive Fishery 0648-BD34
Management Plan for St.
Thomas/St. John.
27........................ Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
28........................ 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.
29........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
30........................ Voting Criteria for a 0648-BG36
Referendum on a Gulf of
Mexico Reef Fish Catch
Share Program for For-
Hire Vessels With
Landings Histories.
31........................ International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
32........................ Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
33........................ Amendment 36A to the 0648-BG83
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
34........................ Amendment 116 to the 0648-BH02
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area.
35........................ Framework Adjustment 57 to 0648-BH52
the Northeast
Multispecies Fishery
Management Plan.
36........................ Atlantic Highly Migratory 0648-BH54
Species; Atlantic Bluefin
Tuna and North Atlantic
Albacore Quotas.
37........................ Framework Adjustment 5 to 0648-BH57
the Northeast Skate
Complex Fishery
Management Plan.
38........................ Generic Amendment to the 0648-BH72
Fishery Management Plans
for the Reef Fish
Resources of the Gulf of
Mexico and Coastal
Migratory Pelagic
Resources in the Gulf of
Mexico and Atlantic
Region.
39........................ Atlantic Highly Migratory 0648-BH75
Species; Shortfin Mako
Shark Management Measures.
40........................ Small-Mesh Multispecies 0648-BH76
2018-2020 Specifications.
41........................ Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
42........................ Endangered and Threatened 0648-BG26
Species; Designation of
Critical Habitat for
Threatened Caribbean and
Indo-Pacific Reef-
building Corals.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
43........................ Modification of the 0648-BE77
Temperature-Dependent
Component of the Pacific
Sardine Harvest Guideline
Control Rule to
Incorporate New
Scientific Information.
44........................ Regulatory Amendment to 0648-BF52
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
the Pacific Whiting
Fishery.
45........................ Framework Adjustment 2 to 0648-BF85
the Tilefish Fishery
Management Plan.
46........................ Commerce Trusted Trader 0648-BG51
Program.
47........................ International Fisheries; 0648-BG93
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Limits in Purse
Seine Fisheries for 2017.
48........................ Allow Halibut Individual 0648-BG94
Fishing Quota Leasing to
Community Development
Quota Groups.
49........................ Nontrawl Lead Level 2 0648-BG96
Observers.
50........................ Atlantic Highly Migratory 0648-BG97
Species; Revisions to
Shark Fishery Closure
Regulations.
51........................ Rule to Modify Mutton 0648-BG99
Snapper and Gag
Management Measures in
the Gulf of Mexico.
52........................ Amendment 47 to the 0648-BH07
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico.
53........................ Management Measures for 0648-BH13
Tropical Tunas in the
Eastern Pacific Ocean.
54........................ Interim 2018 Pacific Coast 0648-BH31
Tribal Pacific Whiting
Allocation.
55........................ Framework Adjustment 29 to 0648-BH51
the Atlantic Sea Scallop
Fishery Management Plan;
Northern Gulf of Maine
Measures.
56........................ Pacific Halibut Catch 0648-BH71
Limits for Area 2A
Fisheries in 2018.
57........................ Designate Critical Habitat 0648-BC45
for the Hawaiian Insular
False Killer Whale
Distinct Population
Segment.
58........................ Regulation to Reduce 0648-BG45
Incidental Bycatch and
Mortality of Sea Turtles
in the Southeastern U.S.
Shrimp Fisheries.
59........................ Regulatory Amendment to 0648-BG57
Authorize a Recreational
Quota Entity.
60........................ Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
61........................ Mallows Bay-Potomac River 0648-BG02
National Marine Sanctuary
Designation.
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[[Page 27102]]
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
62........................ Pacific Coast Groundfish 0648-BE90
Fishing Capacity
Reduction Loan Refinance.
63........................ Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
64........................ Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
65........................ Amendment 39 to the 0648-BD25
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
66........................ Pacific Coast Groundfish 0648-BF12
Trawl Rationalization
Program; Widow Rockfish
Reallocation in the
Individual Fishing Quota
Fishery.
67........................ Omnibus Essential Fish 0648-BF82
Habitat Amendment 2.
68........................ Blueline Tilefish 0648-BF86
Amendment to the Golden
Tilefish Fishery
Management Plan.
69........................ 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.
70........................ Fisheries off West Coast 0648-BG40
States; Pacific Coast
Groundfish Fishery;
Authorization of an
Oregon Recreational
Fishery for Midwater
Groundfish Species.
71........................ Amendment 41 to the 0648-BG77
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region.
72........................ 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.
73........................ Rule to Modify Greater 0648-BH14
Amberjack Allowable
Harvest and Rebuilding
Plan in the Gulf of
Mexico.
74........................ Atlantic Highly Migratory 0648-BH17
Species; Individual
Bluefin Quota Program;
Quarterly Accountability.
------------------------------------------------------------------------
Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
75........................ Setting and Adjusting 0651-AD02
Patent Fees During Fiscal
Year 2017.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Proposed Rule Stage
22. 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................................ 12/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Link, Department of Commerce, International
Trade Administration, 1401 Constitution Avenue NW, Washington, DC
20230, Phone: 202 482-1411.
RIN: 0625-AB10
DEPARTMENT OF COMMERCE (DOC)
Bureau of Industry and Security (BIS)
Proposed Rule Stage
23. Expansion of Export, Reexport, and Transfer (In-Country)
Controls for Military End Use or Military End Users in the People's
Republic of China (China), Russia, or Venezuela
E.O. 13771 Designation: Other.
Legal Authority: 10 U.S.C. 7420; 10 U.S.C. 7430(e); 15 U.S.C.
1824a; 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 30 U.S.C. 185(s); 30 U.S.C.
185(u); 42 U.S.C. 2139a; 43 U.S.C. 1354; 50 U.S.C. 1701 et seq.; 50
U.S.C. 4305; 50 U.S.C. 4601 et seq.; E.O. 12058; E.O. 12851; E.O.
12938; E.O. 12947; E.O. 13026; E.O. 13099; E.O. 13222; E.O. 13224; Pub.
L. 108-11
Abstract: The Bureau of Industry and Security (BIS) proposes to
amend the Export Administration Regulations (EAR) to expand license
requirements on exports, reexports, and transfers (in-country) of items
intended for military end use or military end users in the Peoples
Republic of China (China), Russia, or Venezuela. Specifically, this
rule would expand the licensing requirements for China to include
``military end users,'' in addition to ``military end use.'' It would
broaden the items for which the licensing requirements and review
policy apply and expand the definition of ``military end use.'' Next,
it would create a new reason for control and associated review policy
for regional stability for certain items to China, Russia, or
Venezuela, moving existing text related to this policy. Finally, it
would add Electronic Export Information filing requirements in the
Automated Export System for exports to China, Russia, and Venezuela.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hillary Hess, Director, Regulatory Policy Division,
Department of Commerce, Bureau of Industry and Security, 14th Street
and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-2440,
Fax: 202 482-3355, Email: [email protected].
[[Page 27103]]
RIN: 0694-AH53
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
24. 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/00/19 .......................
------------------------------------------------------------------------
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
25. 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................................ 04/00/19 .......................
------------------------------------------------------------------------
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
26. 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................................ 04/00/19 .......................
------------------------------------------------------------------------
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
27. 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................................ 09/00/18 .......................
------------------------------------------------------------------------
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
[[Page 27104]]
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BD59
28. 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................................ 04/00/19 .......................
------------------------------------------------------------------------
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
29. 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. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/18 .......................
------------------------------------------------------------------------
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
30. 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................................ 02/00/19 .......................
------------------------------------------------------------------------
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
31. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; 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 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................................ 06/00/18 .......................
------------------------------------------------------------------------
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,
[[Page 27105]]
Phone: 808 725-5000, Email: [email protected].
RIN: 0648-BG66
32. 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
33. 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 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
------------------------------------------------------------------------
Notice of Availability.............. 02/21/18 83 FR 7447
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-BG83
34. 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 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................................ 05/00/18 .......................
------------------------------------------------------------------------
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
35. Framework Adjustment 57 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: The proposed action would implement management measures
included in Framework Adjustment 57 to the Northeast Multispecies
Fishery Management Plan (Framework 57) that were developed by the New
England Fishery Management Council in response to new scientific
information. The proposed action would set 2018-2020 specifications for
20 Northeast multispecies stocks, including the three U.S./Canada
stocks (Eastern Georges Bank cod, Eastern Georges Bank haddock, and
Georges Bank yellowtail flounder). Specifically, this action would
also: Revise the trimester quotas for the common pool fishery; set the
southern New England/mid-Atlantic yellowtail flounder quota for the
scallop fishery; revise the areas, seasons, and vessels subject to the
Atlantic halibut accountability measures; adjust the areas, seasons,
and triggers for southern windowpane flounder accountability measures
for non-groundfish fisheries; revise catch thresholds for implementing
the scallop fishery's accountability measures for southern New England
yellowtail flounder; and provide the Regional Administrator with
authority to adjust recreational measures for Georges Bank cod for 2018
and 2019 to address recent increases in catch.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BH52
36. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
and North Atlantic Albacore Quotas
E.O. 13771 Designation: Not subject to, not significant.
[[Page 27106]]
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: The rule would modify the baseline annual U.S. Atlantic
bluefin tuna quota and subquotas, as well as the baseline annual U.S.
North Atlantic albacore (northern albacore) quota. This action is
necessary to implement binding recommendations of the International
Commission for the Conservation of Atlantic Tunas, as required by the
Atlantic Tunas Convention Act, and to achieve domestic management
objectives under the Magnuson-Stevens Fishery Conservation and
Management Act. The rule also would implement a minor change to the
Atlantic tunas size limit regulations to address retention, possession,
and landings of tunas damaged by shark bites.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected].
RIN: 0648-BH54
37. Framework Adjustment 5 to the Northeast Skate Complex
Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery Management Council developed
Framework Adjustment 5 to the Northeast Skate Complex Fishery
Management Plan. Framework 5 contains specifications for the skate
fishery for the 2018-2019 fishing years. The Council is proposing to
adjust specifications based on new scientific information and is
proposing an annual catch limit for the skate complex and overall total
allowable landings. Landing of barndoor skate is currently prohibited,
but in response to NMFS' declaring the stock rebuilt in 2016, the
Council proposed measures within Framework 5 to allow some retention of
the stock. When approved, Framework 5 would: Establish a barndoor skate
possession limit for season 1 (May 1 August 31), and season 2
(September 1 April 30), and establish a discard restriction such that
any skate species that is already winged could not be discarded in
order to land barndoor skate. Lastly, in order to provide flexibility
for U.S. vessels fishing in the Northwest Atlantic Fisheries
Organization area to maximize their skate retention, Framework 5
establishes measures to exempt vessels from skate regulations when
fishing exclusively within the Northwest Atlantic Fisheries
Organization Regulatory Area, except for the prohibition on possessing,
retaining, or landing prohibited species.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BH57
38. Generic Amendment to the Fishery Management Plans for the
Reef Fish Resources of the Gulf of Mexico and Coastal Migratory Pelagic
Resources in the Gulf of Mexico and Atlantic Region
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended by the Gulf of Mexico Fishery
Management Council, would modify data reporting for owners or operators
of federally permitted for-hire vessels (charter vessels and headboats)
in the Gulf of Mexico, requiring them to declare the type of trip (for-
hire or other) prior to departing for any trip, and electronically
submit trip-level reports prior to off-loading fish at the end of each
fishing trip. The declaration would include the expected return time
and landing location. Landing reports would include information about
catch and effort during the trip. The action would also require that
these reports be submitted via approved hardware that includes a global
positioning system attached to the vessel that is capable, at a
minimum, of archiving global positioning system locations. This
requirement would not preclude the use of global positioning system
devices that provide real-time location data, such as the currently
approved vessel monitoring systems.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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-BH72
39. Atlantic Highly Migratory Species; Shortfin Mako Shark
Management Measures
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory Species fisheries are managed
under the dual authority of the Magnuson-Stevens Conservation and
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention
Act, which implements U.S. obligations as member of the International
Commission for the Conservation of Atlantic Tunas. North Atlantic
shortfin mako sharks were recently determined to be overfished and
experiencing overfishing, and the Commission's member countries,
including the United States, adopted management measures in 2017 to
take immediate action to reduce fishing mortality of the stock,
including releasing of live sharks and increasing minimum sizes. This
proposed action for shortfin mako sharks would implement the United
States' obligations under those management measures to help prevent
overfishing of the U.S. component of that stock and establish a
foundation for a rebuilding program. Through the rulemaking process,
NMFS would amend the 2006 Consolidated Highly Migratory Species Fishery
Management Plan and examine management alternatives to address
overfishing and establish a foundation for a rebuilding plan. This
rulemaking would likely impact recreational and commercial fishing
vessels that interact with shortfin mako sharks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National
[[Page 27107]]
Oceanic and Atmospheric Administration, 1315 East-West Highway, Room
13362, Silver Spring, MD 20910, Phone: 301 713-2334, Fax: 301 713-0596,
Email: [email protected].
RIN: 0648-BH75
40. Small-Mesh Multispecies 2018-2020 Specifications
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would set the small-mesh multispecies
specifications for the 2018-2020 fishing years and reinstate regulatory
text that was inadvertently removed from the regulations in a previous
action. The proposed action recommended by the New England Fishery
Management Council would adjust the catch specifications during 2018-
2020 for four target stocks caught by small mesh fishing gear (``the
small-mesh fishery''): Northern silver hake, northern red hake,
southern whiting, and southern red hake. The action would adjust the
overfishing limit, the allowable biological catch, the annual catch
limits, the total allowable landings and the total allowable landings
trigger values. These adjustments account for the changes in stock
biomass shown in the latest assessment update and changes in the
discard rate since the last specifications were established. The
specification limits are intended to keep the risk of overfishing at
acceptable levels. This action would also reinstate regulatory text
that specifies the red hake possession limits in the southern small
mesh exemption area that NMFS inadvertently removed during a previous
rulemaking action. The removal was a drafting error and not recommended
by the New England Council. The text specifies the 5,000 lbs possession
limit for red hake harvested in the southern small mesh exemption area.
Reinstatement will reduce confusion in the industry because it will
clarify the possession limits in the regulations as originally intended
by the Council to help avoid exceeding the catch limits, which could
harm to the resource.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BH76
41. 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................................ 09/00/18
------------------------------------------------------------------------
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
42. Endangered and Threatened Species; Designation of Critical Habitat
for Threatened Caribbean and Indo-Pacific Reef-Building Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, the National Marine Fisheries
Service listed 20 species of reef-building corals as threatened under
the Endangered Species Act, 15 in the Indo-Pacific and five in the
Caribbean. Of the 15 Indo-Pacific species, seven occur in U.S. waters
of the Pacific Islands Region, including in American Samoa, Guam, the
Commonwealth of the Mariana Islands, and the Pacific Remote Island
Areas. This proposed rule would designate critical habitat for the
seven species in U.S. waters (Acropora globiceps, Acropora
jacquelineae, Acropora retusa, Acropora speciosa, Euphyllia paradivisa,
Isopora crateriformis, and Seriatopora aculeata). The proposed
designation would cover coral reef habitat around 17 island or atoll
units in the Pacific Islands Region, including four in American Samoa,
one in Guam, seven in the Commonwealth of the Mariana Islands, and five
in Pacific Remote Island Areas, containing essential features that
support reproduction, growth, and survival of the listed coral species.
This rule also proposes to designate critical habitat for the five
Caribbean corals and proposed to revise critical habitat for two,
previously-listed corals, Acropora palmata and Acropora cervicornis.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/18
------------------------------------------------------------------------
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-BG26
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
43. 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
[[Page 27108]]
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........................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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
44. 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: Deregulatory.
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........................ 05/00/18
------------------------------------------------------------------------
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-BF52
45. 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................................ 10/23/17 82 FR 48967
NPRM Comment Period End............. 11/07/17
Final Action........................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BF85
46. Commerce Trusted Trader Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule will establish a voluntary Commerce Trusted
Trader Program for importers, aiming to provide benefits such as
reduced targeting and inspections and enhanced streamlined entry into
the United States for certified importers. Specifically, this rule
would establish the criteria required of a Commerce Trusted Trader, and
identify specifically how the program will be monitored and by whom. It
will require that a Commerce Trusted Trader establish a secure supply
chain and maintain the records necessary to verify the legality of all
designated product entering into U.S. commerce, but will excuse the
Commerce Trusted Trader from entering that data into the International
Trade Data System prior to entry, as required by Seafood Import
Monitoring Program (finalized on December 9, 2016). The rule will
identify the benefits available to a Commerce Trusted Trader, detail
the application process, and specify how the Commerce Trusted Trader
will be audited by third-party entities while the overall program will
be monitored by the National Marine Fisheries Service.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/17/18 83 FR 2412
NPRM Comment Period End............. 03/19/18
Final Action........................ 09/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: John Henderschedt, Director, Office for
International Affairs and Seafood Inspection, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Room 10362, Silver Spring, MD 20910, Phone: 301 427-8314,
Email: [email protected].
RIN: 0648-BG51
47. 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
[[Page 27109]]
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
NPRM Comment Period End............. 10/05/17
Final Action........................ 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-BG93
48. 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................................ 02/23/18 83 FR 8028
NPRM Comment Period End............. 03/26/18
Final Action........................ 05/00/18
------------------------------------------------------------------------
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
49. 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................................ 12/27/17 82 FR 61243
NPRM Comment Period End............. 01/26/18
Final Action........................ 05/00/18
------------------------------------------------------------------------
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
50. Atlantic Highly Migratory Species; Revisions to Shark Fishery
Closure Regulations
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would revise the procedures in place for
Atlantic Highly Migratory Species shark fishery closures. The
rulemaking could change the landings level that prompts fishery closure
and the length of time between public notice and the effective date of
a fishery closure. This action would facilitate more timely action by
the National Marine Fisheries Service when a closure is necessary to
prevent overharvest and help commercial shark fisheries more fully
utilize available quota by preventing early closures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/18 83 FR 8037
NPRM Comment Period End............. 03/26/18
Final Action........................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected].
RIN: 0648-BG97
[[Page 27110]]
51. 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................................ 02/15/18 83 FR 6830
NPRM Comment Period End............. 03/17/18
Final Action........................ 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-BG99
52. 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
------------------------------------------------------------------------
Notice of Availability.............. 12/19/17 82 FR 60168
NPRM................................ 12/27/17 82 FR 61241
NPRM Comment Period End............. 01/26/18
Final Action........................ 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-BH07
53. 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................................ 11/14/17 82 FR 52700
NPRM Comment Period End............. 12/14/17
Final Action........................ 05/00/18
------------------------------------------------------------------------
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
54. Interim 2018 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: NMFS has prepared a proposed rule for the tribal Pacific
whiting (whiting) fishery off the coast of Washington State. The
purpose would be to establish an interim 2018 tribal whiting
allocation. NMFS is developing this rule after discussions with the
affected tribes and the non-tribal fisheries interests. As in prior
years, this allocation is an ``interim'' allocation that is not
intended to set precedent for future years--a new allocation will be
set each year after discussions with the affected tribes and fisheries
interests.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/24/18 83 FR 3291
NPRM Comment Period End............. 02/23/18
Final Action........................ 05/00/18
------------------------------------------------------------------------
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-BH31
55. Framework Adjustment 29 to the Atlantic Sea Scallop
Fishery Management Plan; Northern Gulf of Maine Measures
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements the New England Fishery Management
Council's Framework Adjustment 29 to the Atlantic Sea Scallop Fishery
Management Plan. The Atlantic sea
[[Page 27111]]
scallop fishery consists of two primary fleets, the Limited Access
fleet, and the Limited Access General Category fleet. The Limited
Access fleet is managed with days-at-sea--a number of days that can be
fished per year--and an access area rotation program. Framework 29
would set management measures in the Northern Gulf of Maine for the
scallop fishery for the 2018 fishing year, including dividing the
annual total allowable catch between the Limited Access and Limited
Access General Category fleets. Currently, Limited Access vessels can
access the Northern Gulf of Maine while on days-at-sea with no hard
limit on landings while in the area. This has resulted in total
landings from the Northern Gulf of Maine by the Limited Access fleet
that far exceeded the total allowable catch for the Limited Access
General Category fleet. Instead, this action would allow Limited Access
vessels access through research set-aside compensation fishing.
Currently the limited access fleet is allocated days-at-sea based on
the condition of the scallop resource in the open area. They can choose
to use these days-at-sea in the Northern Gulf of Maine if the area has
not been closed. This action would prohibit the Limited Access fleet
from accessing the Northern Gulf of Maine while participating in the
days-at-sea program. The Limited Access fleet share of the Northern
Gulf of Maine total allowable catch would be available through research
set-aside compensation fishing only.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/20/18 83 FR 7129
NPRM Comment Period End............. 03/07/18
Final Action........................ 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BH51
56. Pacific Halibut Catch Limits for Area 2a Fisheries in 2018
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is implementing this interim final rule to set 2018
Pacific halibut catch limits within the International Pacific Halibut
Commission's regulatory Area 2A off the coasts of Washington, Oregon
and California. In accordance with Article III of the Protocol Amending
the Convention Between the United States of America and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea (Convention), the IPHC can recommend, among other things,
catch limits for each fishing season. The Secretary of State, with the
concurrence of the Secretary of Commerce, may then accept or reject, on
behalf of the United States, the International Pacific Halibut
Commission's recommendations. Although the United States and Canada
voiced consensus at the International Pacific Halibut Commission's
January 2018 annual meeting that some reduction in catch limits
relative to 2017 in all areas was appropriate, United States and
Canadian Commissioners could not reach consensus on specific catch
limit recommendations for 2018. As a result, absent any action by the
United States, 2017 catch limits for the U.S. halibut fishery, which do
not reflect management needs for the current status of the stock, will
remain in place. Thus, through this rule, the Secretary of Commerce is
exercising his authority under Article 1 of the Convention and section
773c of the Halibut Act to establish catch limit regulations for Area
2A. This rule will implement Area 2A catch limits according to the 2018
Catch Sharing Plan.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 05/00/18
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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-BH71
57. 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 evaluate 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................................ 11/03/17 82 FR 51186
NPRM Comment Period End............. 01/02/18
Final Action........................ 07/00/18
------------------------------------------------------------------------
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-BC45
58. 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, and require
certain 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........................ 07/00/18 .......................
------------------------------------------------------------------------
[[Page 27112]]
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
59. Regulatory Amendment To Authorize a Recreational Quota Entity
E.O. 13771 Designation: Deregulatory.
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................................ 10/03/17 82 FR 46016
NPRM Comment Period End............. 11/17/17 .......................
Final Action........................ 05/00/18 .......................
------------------------------------------------------------------------
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
NOS/ONMS
60. 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 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 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 National Marine Sanctuaries Act
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 Action........................ 06/00/18 .......................
------------------------------------------------------------------------
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
61. 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 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 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 National Marine Sanctuaries Act
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 Action........................ 06/00/18 .......................
------------------------------------------------------------------------
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
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
62. 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.
[[Page 27113]]
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 .......................
-----------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stuart Merrill, Phone: 301 427-8733, Email:
[email protected].
RIN: 0648-BE90
63. 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 .......................
-----------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-AU02
64. 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
65. 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
Withdrawn........................... 02/09/18 .......................
------------------------------------------------------------------------
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-BD25
66. 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. This action reallocated individual fishing quota widow
rockfish quota share to facilitate directed harvest and lifted 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........................ 11/24/17 82 FR 55775
Final Action Effective.............. 12/26/17 .......................
------------------------------------------------------------------------
[[Page 27114]]
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
67. Omnibus Essential Fish Habitat Amendment 2
E.O. 13771 Designation: Deregulatory.
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 updates groundfish seasonal spawning
closures and identifies Habitat Research Areas. The revisions include
adding a habitat management area in the eastern Gulf of Maine and
modifying the existing habitat management areas in the central and
western Gulf of Maine, while maintaining additional protections for
large-mesh groundfish, including cod. In addition, the amendment allows
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
------------------------------------------------------------------------
Notice of Availability.............. 10/06/17 82 FR 46749
NPRM................................ 11/06/17 82 FR 51492
NPRM Comment Period End............. 12/05/17 .......................
Final Action........................ 04/09/18 83 FR 15240
Final Action Effective.............. 04/09/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BF82
68. 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 developed an
amendment to its Golden Tilefish Fishery Management Plan, which
implements management measures for the blueline tilefish fishery north
of the Virginia/North Carolina border. This action establishes 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........................ 11/15/17 82 FR 52851
Final Action Effective.............. 12/15/17 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BF86
69. 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................ 12/21/17 82 FR 60567
Correcting Amendment Effective...... 12/21/17 .......................
------------------------------------------------------------------------
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
70. 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 authorizes 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 is
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 will occur between the
months of April and September, months currently subject to depth
restrictions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/19/17 82 FR 60170
NPRM Comment Period End............. 01/18/18 .......................
Final Action........................ 03/29/18 83 FR 13428
[[Page 27115]]
Final Action Effective.............. 04/01/18 .......................
------------------------------------------------------------------------
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
71. 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 publishes regulations to implement Amendment 41.
This amendment updates biological benchmarks, modifies allowable
fishing levels, and revises 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................................ 10/24/17 82 FR 49167
NPRM Comment Period End............. 11/24/17 .......................
Final Action........................ 01/11/18 83 FR 1305
Final Action Effective.............. 02/10/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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
72. 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 action implements that amendment.
The action establishes a 9-year rebuilding time period; retains the
current gray triggerfish annual catch limits and annual catch targets
for the recreational and commercial sectors; modifies the recreational
fixed closed season, recreational bag limit, recreational size limit,
and 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........................ 12/15/17 82 FR 59523
Final Action Effective.............. 01/16/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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
73. 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 adjusts the Gulf of Mexico greater amberjack
rebuilding plan, to 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................................ 11/20/17 82 FR 55074
NPRM Comment Period End............. 12/05/17 .......................
Final Action........................ 12/28/17 82 FR 61485
Final Action Effective.............. 01/27/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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
74. 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 modified 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. Previously, regulations required 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 caught, a vessel's Individual Bluefin Quota
balance was reduced by the amount caught. If the trip catch exceeded
the vessel's available quota, the vessel would incur quota debt (i.e.,
exceeding its available Individual Bluefin Quota balance). In this
case, the regulations previously required 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 implemented 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
[[Page 27116]]
maintaining incentives to avoid bluefin catch. Quarterly accountability
requires 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
remains unaffected by this measure, as it results from International
Commission for the Conservation of Atlantic Tunas recommendations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/25/17 82 FR 49303
NPRM Comment Period End............. 11/24/17 .......................
Final Action........................ 12/28/17 82 FR 61489
Final Action Effective.............. 01/27/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected].
RIN: 0648-BH17
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
75. 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.......................... 11/14/17 82 FR 52780
Final Rule Effective................ 01/16/18 .......................
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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. 2018-11235 Filed 6-8-18; 8:45 am]
BILLING CODE 3510-12-P