Fall 2018 Semiannual Agenda of Regulations, 57997-58013 [2018-24146]
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Vol. 83
Friday,
No. 222
November 16, 2018
Part IV
Department of Commerce
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Semiannual Regulatory Agenda
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 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
Fall 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 spring 2018 agenda.
The purpose of the Agenda is to provide
information to the public on regulations
that are currently under review, being
proposed, or issued by Commerce. The
agenda is intended to facilitate
comments and views by interested
members of the public.
Commerce’s fall 2018 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period October 1, 2018,
through September 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, Regulation, and Oversight,
U.S. Department of Commerce,
Washington, DC 20230, telephone: 202–
482–3151.
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SUMMARY:
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Commerce
hereby publishes its fall 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 June 18, 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.
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.
In this edition of Commerce’s
regulatory agenda, a list of the most
important significant regulatory and
deregulatory actions and a Statement of
Regulatory Priorities are included in the
Regulatory Plan, which appears in both
the online Unified Agenda and in part
II of the issue of the Federal Register
that includes the Unified Agenda.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act, Commerce’s
printed agenda entries include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
internet. In addition, for fall editions of
the Agenda, Commerce’s entire
Regulatory Plan will continue to be
printed in the Federal Register.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
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Within Commerce, the Office of the
Secretary and various operating units
may issue regulations. Among these
operating units, the National Oceanic
and Atmospheric Administration
(NOAA), the Bureau of Industry and
Security, and the Patent and Trademark
Office issue the greatest share of
Commerce’s regulations.
A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
NMFS’ programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone of the United
States (EEZ). The EEZ refers to those
waters from the outer edge of the State
boundaries, generally 3 nautical miles,
to a distance of 200 nautical miles. For
fisheries that require conservation and
management measures, eight Regional
Fishery Management Councils
(Councils) prepare Fishery Management
Plans (FMPs) for the fisheries within
their respective areas. Regulations
implementing these FMPs regulate
domestic fishing and foreign fishing
where permitted. Foreign fishing may be
conducted in a fishery in which there is
no FMP only if a preliminary FMP has
been issued to govern that foreign
fishing. In the development of FMPs, or
amendments to FMPs, and their
implementing regulations, the Councils
are required by law to conduct public
hearings on the draft plans and to
consider the use of alternative means of
regulating.
The Council process for developing
FMPs and amendments makes it
difficult for NMFS to determine the
significance and timing of some
regulatory actions under consideration
by the Councils at the time the
semiannual regulatory agenda is
published.
Commerce’s fall 2018 regulatory
agenda follows.
Peter B. Davidson,
General Counsel.
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57999
INTERNATIONAL TRADE ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
198 ....................
Covered Merchandise Referrals From the Customs Service ..........................................................................
0625–AB10
BUREAU OF INDUSTRY AND SECURITY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
199 ....................
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.
200
201
202
203
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204 ....................
205 ....................
206 ....................
207 ....................
208 ....................
209 ....................
210 ....................
211 ....................
212 ....................
213 ....................
214 ....................
215 ....................
216 ....................
217 ....................
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.
Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements
to Safeguard Fishery Observers.
Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for Bottom Trawl and Non-Whiting Midwater Trawl Vessels.
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 ..........................................
Framework Adjustment to Modify a Commercial Accountability Measure in the Summer Flounder, Scup,
and Black Sea Bass Fishery Management Plan.
Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for
Seafood (Reg Plan Seq No. 18).
Revisions to Regulations for Species With Sideboard Limits That Cannot Support Directed Fishing by
Vessels Subject to Sideboards in the Bering Sea and Aleutian Islands and Gulf of Alaska.
2019–2020 Harvest Specifications and Management Measures for Pacific Coast Groundfish and Fishery
Management Plan.
Framework Action to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico, Modification of Gulf of Mexico Red Snapper and Hogfish Annual Catch Limits.
Revision to Critical Habitat Designation for Endangered Southern Resident Killer Whales ...........................
Designation of Critical Habitat for the Mexico, Central American, and Western Pacific Distinct Population
Segments of Humpback Whales Under the Endangered Species Act.
0648–BD32
0648–BD33
0648–BD34
0648–BD59
0648–BF41
0648–BG04
0648–BG11
0648–BG66
0648–BH70
0648–BH72
0648–BH75
0648–BH80
0648–BH87
0648–BH88
0648–BH93
0648–BI39
0648–BH95
0648–BI06
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Title
218 ....................
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.
Commerce Trusted Trader Program (Reg Plan Seq No. 20) ........................................................................
Rule to Implement the For-Hire Reporting Amendments ................................................................................
Allow Halibut Individual Fishing Quota Leasing to Community Development Quota Groups ........................
Amendment 116 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and North Atlantic Albacore Quotas ......................
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 ................................................................
219 ....................
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220
221
222
223
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225 ....................
226 ....................
227 ....................
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0648–BF52
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0648–BH02
0648–BH54
0648–BG45
0648–BG57
0648–BG01
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
228 ....................
Mallows Bay-Potomac River National Marine Sanctuary Designation ............................................................
0648–BG02
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
229 ....................
230 ....................
Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance .........................................................
Voting Criteria for a Referendum on a Gulf of Mexico Reef Fish Catch Share Program for For-Hire Vessels With Landings Histories.
Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions .........................................
Designation of Critical Habitat for the Arctic Ringed Seal ...............................................................................
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.
231
232
233
234
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0648–BE90
0648–BG36
0648–AU02
0648–BC56
0648–BF90
0648–BG26
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Title
235 ....................
236 ....................
237 ....................
Framework Adjustment 2 to the Tilefish Fishery Management Plan ..............................................................
Amendment 36A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico .......
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits
in Purse Seine Fisheries for 2017.
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.
Framework Adjustment 57 to the Northeast Multispecies Fishery Management Plan ...................................
Small-Mesh Multispecies 2018–2020 Specifications .......................................................................................
Designate Critical Habitat for the Hawaiian Insular False Killer Whale Distinct Population Segment ...........
238
239
240
241
242
243
244
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245 ....................
246 ....................
247 ....................
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
Proposed Rule Stage
198. Covered Merchandise Referrals
From the Customs Service
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Regulation
Identifier No.
Sequence No.
E.O. 13771 Designation: Other.
Legal Authority: Pub. L. 114–125, sec.
421
Abstract: The Department of
Commerce (the Department) is
proposing to amend its regulations to set
forth procedures to address covered
merchandise referrals from U.S.
Customs and Border Protection (CBP or
the Customs Service).
Timetable:
Action
Date
NPRM ..................
FR Cite
12/00/18
Regulatory Flexibility Analysis
Required: Yes.
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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
199. 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;
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0648–BF85
0648–BG83
0648–BG93
0648–BG96
0648–BG97
0648–BG99
0648–BH07
0648–BH13
0648–BH31
0648–BH51
0648–BH52
0648–BH76
0648–BC45
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
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
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Export Information filing requirements
in the Automated Export System for
exports to China, Russia, and
Venezuela.
Timetable:
Action
Date
NPRM ..................
FR Cite
02/00/19
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.
RIN: 0694–AH53
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
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200. 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 ..................
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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
201. 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
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
202. 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
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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
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
203. 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
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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:
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
NPRM ..................
FR Cite
06/00/19
Action
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–BD59
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
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204. 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
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11/23/15
FR Cite
80 FR 64382
06/00/19
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:
michael.tosatto@noaa.gov.
RIN: 0648–BF41
205. 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
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206. Illegal, Unregulated, and
Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing
Moratorium Protection Act
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114–81
Abstract: This proposed rule will
make conforming amendments to
regulations implementing the various
statutes amended by the Illegal,
Unreported and Unregulated Fishing
Enforcement Act of 2015 (Pub. L. 114–
81). The Act amends several regional
fishery management organization
implementing statutes as well as the
High Seas Driftnet Fishing Moratorium
Protection Act. It also provides
authority to implement two new
international agreements under the
Antigua Convention, which amends the
Convention for the establishment of an
Inter-American Tropical Tuna
Commission, and the United Nations
Food and Agriculture Organization
Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal,
Unreported and Unregulated Fishing
(Port State Measures Agreement), which
restricts the entry into U.S. ports by
foreign fishing vessels that are known to
be or are suspected of engaging in
illegal, unreported, and unregulated
fishing. This proposed rule will also
implement the Port State Measures
Agreement. To that end, this proposed
rule will require the collection of certain
information from foreign fishing vessels
requesting permission to use U.S. ports.
It also includes procedures to designate
and publicize the ports to which foreign
fishing vessels may seek entry and
procedures for conducting inspections
of these foreign vessels accessing U.S.
ports. Further, the rule establishes
procedures for notification of: The
denial of port entry or port services for
a foreign vessel, the withdrawal of the
denial of port services if applicable, the
taking of enforcement action with
respect to a foreign vessel, or the results
of any inspection of a foreign vessel to
the flag nation of the vessel and other
competent authorities as appropriate.
Timetable:
12/00/18
Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
PO 00000
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
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Date
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12/00/18
Regulatory Flexibility Analysis
Required: Yes.
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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–BG11
207. 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
NPRM ..................
FR Cite
10/00/18
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–BG66
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208. Regulatory Amendment to the
Pacific Coast Groundfish Fishery
Management Plan To Implement an
Electronic Monitoring Program for
Bottom Trawl and Non-Whiting
Midwater Trawl Vessels
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would
implement a regulatory amendment to
the Pacific Fishery Management
Council’s Pacific Coast Groundfish
Fishery Management Plan to allow
bottom trawl and midwater trawl
vessels targeting non-whiting species
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the option to use electronic monitoring
(video cameras and associated sensors)
in place of observers to meet
requirements for 100-percent observer
coverage. 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 fleet.
Timetable:
Action
Date
NPRM ..................
FR Cite
10/00/18
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–BH70
209. 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
Notice of Availability.
PO 00000
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Date
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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
210. 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 ..................
NPRM Comment
Period End.
Final Action .........
Date
07/27/18
10/01/18
FR Cite
83 FR 35590
02/00/19
Regulatory Flexibility Analysis
Required: Yes.
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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–BH75
211. Framework Adjustment To Modify
a Commercial Accountability Measure
in the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: As per action by the Mid
Atlantic Fishery Management Council
and the Atlantic States Marine Fisheries
Commission, this rule would propose to
adjust the current pound-for-pound
accountability measures required for
non-landings overages (i.e., overages
that occur because of higher-thanexpected dead discard estimates) in the
summer flounder, scup, and black sea
bass fisheries. When overages cannot be
addressed through a landings-based
accountability measure alone, this
action would allow for a scaled payback
of an annual catch limit overage,
depending on the condition of the stock
rather than a pound-for-pound payback
of the annual catch limit overage.
Timetable:
Action
Date
NPRM ..................
FR Cite
10/00/18
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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–BH80
212. Magnuson-Stevens Fisheries
Conservation and Management Act;
Traceability Information Program for
Seafood
Regulatory Plan: This entry is Seq.
No. 18 in part II of this issue of the
Federal Register.
RIN: 0648–BH87
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213. Revisions to Regulations for
Species With Sideboard Limits That
Cannot Support Directed Fishing by
Vessels Subject to Sideboards in the
Bering Sea and Aleutian Islands and
Gulf of Alaska
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to
implement an action of the Northern
Pacific Fishery Management Council by
revising Federal regulations to prohibit
directed fishing for those species with
sideboard limits that are not large
enough to support directed fishing by
non-exempt American Fisheries Act
vessels in the Bering Sea/Aleutian
Islands and Gulf of Alaska and crab
vessels in the Crab Rationalization
Program (CR Program) in the Gulf of
Alaska, or for those species that are fully
allocated to other programs (e.g.,
flathead sole, rock sole, Western
Aleutian Islands Atka mackerel). NMFS
would then no longer publish American
Fisheries Act and CR Program sideboard
amounts for those species in the annual
harvest specifications. In addition, the
action would remove the sideboard
limit on American Fisheries Act
catcher/processors for Central Aleutian
Islands Atka mackerel because the
sideboard limit under the American
Fisheries Act (11.5 percent) is
constrained by the allocation to the
trawl limited access sector (10 percent)
that was established by the Amendment
80 Program. The primary benefits of this
action are that it would streamline the
annual harvest specifications, reduce
the annual costs of preparing and
publishing the annual harvest
specifications in the Federal Register,
and simplify NMFS’ annual
programming changes to the agency’s
groundfish catch accounting system.
This action would not alter how NMFS
actually manages the relevant sideboard
limits, and NMFS would continue to
monitor Bering Sea/Aleutian Islands
and Gulf of Alaska groundfish catch to
ensure that each species’ total allowable
catch limit is not exceeded. This action
would not incur any negative impacts to
American Fisheries Act and crab
sideboard limited vessels for the
foreseeable future.
Timetable:
Action
Date
NPRM ..................
FR Cite
10/00/18
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
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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–BH88
214. • 2019–2020 Harvest Specifications
and Management Measures for Pacific
Coast Groundfish and Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific
Fishery Management Council (Council)
makes recommendations to set biennial
allowable harvest levels for Pacific
Coast groundfish, and recommends
management measures for commercial,
recreational, and tribal fisheries that are
designed to achieve those harvest levels
consistent with the Pacific Coast
Groundfish Fishery Management Plan.
For the 2019–2020 biennium, the
Council has recommended the
following: Harvest specifications,
including overfishing limits, acceptable
biological catches, and annual catch
limits; management measures to achieve
those specifications; changes to the
yelloweye rockfish rebuilding plan,
which would increase the annual catch
limit for this species for the 2-year
biennial management period; and
measures to reduce salmon bycatch in
the groundfish fisheries. The
specifications and management
measures that would be forwarded by
this action would be in effect from
January 1, 2019, through December 31,
2020.
Timetable:
Action
NPRM ..................
Date
FR Cite
10/00/18
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–BH93
215. • Framework Action to the Fishery
Management Plan for Reef Fish
Resources of the Gulf of Mexico,
Modification of Gulf of Mexico Red
Snapper and Hogfish Annual Catch
Limits
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
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Abstract: The Gulf of Mexico Fishery
Management Council recently took
action to revise the acceptable biological
catch and the annual catch limits for the
Gulf of Mexico stocks of red snapper
and hogfish. This action was taken in
response to the most recent stock
assessments for these species and the
recommendations from the Council’s
Scientific and Statistical Committee.
The red snapper and hogfish
assessments found the stocks are neither
overfished nor undergoing overfishing.
This rulemaking would implement the
Council’s action by increasing the
acceptable biological catch for red
snapper and setting the annual catch
limit to be equal to the acceptable
biological catch. The established
allocations would be used to set the
commercial and recreational component
annual catch limits, and recreational
component annual catch targets. The
acceptable biological catch for hogfish
would decrease and the stock annual
catch limit would be set equal to the
acceptable biological catch. There are no
allocations or annual catch targets for
Gulf hogfish.
Timetable:
Action
Date
NPRM ..................
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–BI39
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216. • Revision to Critical Habitat
Designation for Endangered Southern
Resident Killer Whales
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would
revise the designation of critical habitat
for the endangered Southern Resident
killer whale distinct population
segment, pursuant to section 4 of the
Endangered Species Act. Critical habitat
for this population is currently
designated within inland waters of
Washington. In response to a 2014
petition, NMFS is proposing to expand
the designation to include areas
occupied by Southern Resident killer
whales in waters along the U.S. West
Coast. Impacts from the designation
would stem mainly from Federal
agencies’ requirement to consult with
NMFS, under section 7 of the
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Endangered Species Act, to ensure that
any action they carry out, permit
(authorize), or fund will not result in the
destruction or adverse modification of
critical habitat of a listed species.
Federal agencies are already required to
consult on effects to the currently
designated critical habitat in inland
waters of Washington, but consultation
would be newly required for actions
affecting the expanded critical habitat
areas. Federal agencies are also already
required to consult within the Southern
Resident killer whales’ range (including
along the U.S. West Coast) to ensure that
any action they carry out, permit, or
fund will not jeopardize the continued
existence of the species; this
requirement would not change with a
revision to the critical habitat
designation.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/19
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–BH95
217. • Designation of Critical Habitat
for the Mexico, Central American, and
Western Pacific Distinct Population
Segments of Humpback Whales Under
the Endangered Species Act
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the
designation of critical habitat for three
distinct population segments of
humpback whales (Megaptera
novaeangliae) pursuant to section 4 of
the Endangered Species Act. The three
distinct population segments of
humpback whales concerned—the
Mexico, Central American, and Western
Pacific distinct population segments—
were listed under the Endangered
Species Act on September 8, 2016,
thereby triggering the requirement
under section 4 of the Endangered
Species Act to designate critical habitat
to the maximum extent prudent and
determinable. Proposed critical habitat
for these three distinct population
segments of humpback whales will
include marine habitats within the
Pacific Ocean and Bering Sea and will
likely overlap with several existing
designations, including critical habitat
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58005
for leatherback sea turtles, North Pacific
right whales, Steller sea lions, southern
resident killer whales, and the southern
distinct population segment of green
sturgeon. Impacts from the designations
for humpback whales would stem from
the statutory requirement for Federal
agencies to consult with NMFS, under
section 7 of the Endangered Species Act,
to ensure that any action they carry out,
authorize, or fund will not result in the
destruction or adverse modification of
humpback whale critical habitat. Within
many of the areas we are evaluating for
potential proposal as critical habitat for
the humpback whales distinct
population segments, Federal agencies
are already required to consult on
effects to currently designated critical
habitat for other listed species. Federal
agencies are also already required to
consult with NMFS under section 7 of
the Endangered Species Act to ensure
that any action they authorize, fund or
carry out will not jeopardize the
continued existence of the listed
distinct population segments of
humpback whales.
Timetable:
Action
NPRM ..................
Date
FR Cite
06/00/19
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–BI06
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
218. 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
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calculate the temperature parameter of
the Pacific sardine harvest guideline
control rule under the Fishery
Management Plan. The harvest
guideline control rule, in conjunction
with the overfishing limit and
acceptable biological catch control
rules, is used to set annual harvest
levels for Pacific sardine. The
temperature parameter is calculated
annually. The National Marine Fisheries
Service determined that a new
temperature index is more statistically
sound and this action will adopt that
index.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
08/23/17
09/22/17
FR Cite
82 FR 39977
10/00/18
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NPRM ..................
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NPRM Comment
Period End.
Final Action .........
FR Cite
10/06/16
10/00/18
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–BF52
220. Commerce Trusted Trader
Program
221. Rule To Implement the For-Hire
Reporting Amendments
219. 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:
Date
Date
Regulatory Plan: This entry is Seq.
No. 20 in part II of this issue of the
Federal Register.
RIN: 0648–BG51
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
Action
Action
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
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
03/14/18
83 FR 11164
04/04/18
05/04/18
83 FR 14400
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:
PO 00000
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727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG75
222. 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.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
02/23/18
03/26/18
FR Cite
83 FR 8028
10/00/18
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
223. Amendment 116 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would further
limit access to the Bering Sea and
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Aleutian Islands yellowfin sole Trawl
Limited Access fishery by catcher
vessels delivering to offshore
motherships or catcher/processors. In
recent years, an unexpected increase in
participation in the offshore sector of
this fishery by catcher vessels allowed
under current regulations has resulted
in an increased yellowfin sole catch rate
and a shorter fishing season. The North
Pacific Fishery Management Council
recently determined that limiting the
number of eligible licenses assigned to
catcher vessels in this fishery could
stabilize the fishing season duration,
provide better opportunity to increase
production efficiency, and help reduce
bycatch of Pacific halibut. This action
would modify the License Limitation
Program by establishing eligibility
criteria for licenses assigned to catcher
vessels to participate in this fishery
based on historic participation.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Correction ............
Final Action .........
FR Cite
05/18/18
83 FR 23250
06/06/18
07/06/18
83 FR 26237
07/20/18
10/00/18
83 FR 28604
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BH02
224. Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna and North
Atlantic Albacore Quotas
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: 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
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regulations to address retention,
possession, and landings of tunas
damaged by shark bites.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
07/06/18
08/06/18
FR Cite
83 FR 31517
10/00/18
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
225. 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/16/16
02/14/17
FR Cite
81 FR 91097
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.
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RIN: 0648–BG45
226. 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
10/03/17
11/17/17
FR Cite
82 FR 46016
10/00/18
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–BG57
NOS/ONMS
227. 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
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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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/09/17
03/31/17
FR Cite
82 FR 2269
06/00/19
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
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228. Mallows Bay-Potomac River
National Marine Sanctuary Designation
E.O. 13771 Designation: Not subject
to, not significant.
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
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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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/09/17
03/31/17
FR Cite
82 FR 2254
01/00/19
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)
Long-Term Actions
National Oceanic and Atmospheric
Administration (NOAA)
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 at this time.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
To Be Determined
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08/06/15
09/08/15
FR Cite
80 FR 46941
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Pawlak, Phone:
301 427–8621, Email: brian.t.pawlak@
noaa.gov.
RIN: 0648–BE90
230. 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:
National Marine Fisheries Service
229. Pacific Coast Groundfish Fishing
Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1861 et seq.; 5 U.S.C. 561
et seq.
Abstract: Congress enacted the 2015
National Defense Authorization Act to
refinance the existing debt obligation
funding the fishing capacity reduction
program for the Pacific Coast
Groundfish fishery implemented under
section 212. Pending appropriation of
funds to effect the refinance, the
Date
Action
NPRM ..................
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Phone: 727 824–5305, Fax: 727 824–
5308, Email: roy.crabtree@noaa.gov.
RIN: 0648–BG36
231. 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.
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Abstract: This action would
implement regulatory measures under
the Marine Mammal Protection Act to
protect Hawaiian spinner dolphins that
are resting in protected bays from take
due to close approach interactions with
humans.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Final Action .........
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
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–AU02
232. 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:
amozie on DSK3GDR082PROD with PROPOSALS4
Action
Date
NPRM ..................
Proposed Rule ....
Notice of Public
Hearings.
Comment Period
Extended.
Proposed Rule 2
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
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–BC56
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233. 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
To Be Determined
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–BF90
234. 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,
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
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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
To Be Determined
Date
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Phone: 301 427–8400.
RIN: 0648–BG26
DEPARTMENT OF COMMERCE (DOC)
Completed Actions
National Oceanic and Atmospheric
Administration (NOAA)
235. 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 developed a
framework adjustment to its Tilefish
Fishery Management Plan, which
modified management measures for the
tilefish fishery to improve the
management of the species. The
measures eliminated the current call-in
reporting requirement; prohibited a
vessel from fishing for more than one
Individual Fishing Quota allocation at
the same time; required tilefish to be
landed with the head attached; clarified
what fishing gears are allowed in the
recreational fishery; and made an
administrative change to how assumed
discards are accounted for in the
specifications setting process.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
10/23/17
11/07/17
82 FR 48967
03/13/18
04/12/18
83 FR 10390
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
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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
236. 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 implemented
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 improved
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 addressed non-activated individual
fishing quota accounts and provided the
regional administrator with authority to
retain annual allocation if a quota
reduction is expected to occur.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
02/21/18
83 FR 7447
03/22/18
04/20/18
83 FR 12326
06/12/18
07/12/18
83 FR 27297
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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–BG83
237. 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
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implement a recent decision of the
Commission for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Commission). The rule
would establish a limit for calendar year
2017 on fishing effort by U.S. purse
seine vessels in the U.S. exclusive
economic zone and on the high seas
between the latitudes of 20 degrees N
and 20 degrees S in the area of
application of the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean. The
limit is 1,828 fishing days. The rule also
would make corrections to outdated
cross-references in existing regulatory
text. This action is necessary to satisfy
the obligations of the United States
under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), to which it is a
Contracting Party. This action has been
superseded by another rulemaking for
Western and Central Pacific Fisheries
for Highly Migratory Species (0648–
BH77).
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Withdrawn ...........
09/20/17
10/05/17
FR Cite
82 FR 43926
07/02/18
Action
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
238. 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 modified
regulations pertaining to the nontrawl
lead level 2 observer deployment
endorsement and required 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.
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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 increased 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
benefitted 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
included 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 were necessary
to improve terminology consistency
throughout the regulations and, for
operational consistency, to align
mothership observer coverage
requirements with Amendment 80
vessels consistent with the regulation of
harvest provisions of the MagnusonStevens Act.
Timetable:
Fmt 4701
Sfmt 4702
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
12/27/17
01/26/18
82 FR 61243
06/29/18
07/30/18
83 FR 30528
Regulatory Flexibility Analysis
Required: No.
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
239. 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 revises the
procedures in place for Atlantic Highly
Migratory Species shark fishery
closures. The rulemaking would change
the landings level that prompts fishery
closure and the length of time between
public notice and the effective date of a
E:\FR\FM\16NOP4.SGM
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
02/23/18
03/26/18
83 FR 8037
07/09/18
08/08/18
83 FR 31677
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
240. 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 established annual
catch limits from 2017 through 2020 for
the Gulf of Mexico apportionment of
mutton snapper and removed the
annual catch target because this target is
not currently used for management
purposes. This rule established a
recreational bag limit for mutton
snapper, modified the minimum size
limit for commercial and recreational
mutton snapper, and modified 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:
amozie on DSK3GDR082PROD with PROPOSALS4
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
02/15/18
03/17/18
83 FR 6830
06/22/18
07/23/18
83 FR 29041
Regulatory Flexibility Analysis
Required: Yes.
VerDate Sep<11>2014
19:00 Nov 15, 2018
Jkt 247001
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
241. 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 revised 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 established 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 .........
Final Action Effective.
FR Cite
12/19/17
82 FR 60168
12/27/17
01/26/18
82 FR 61241
05/14/18
06/13/18
83 FR 22210
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–BH07
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
58011
242. 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 rule implemented 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 included additional
management measures related to fish
aggregating devices, made minor
revisions to the definition of force
majeure, included provisions related to
transferring longline catch limits for
bigeye tuna between Inter-American
Tropical Tuna Commission members,
and increased 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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
11/14/17
12/14/17
82 FR 52700
04/11/18
05/11/18
83 FR 15503
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–BH13
243. 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 implemented a rule
for the tribal Pacific whiting (whiting)
fishery off the coast of Washington
State. The purpose is to establish an
interim 2018 tribal whiting allocation.
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:
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Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
01/24/18
02/23/18
83 FR 3291
05/15/18
05/15/18
83 FR 22401
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244. 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 implemented
the New England Fishery Management
Council’s Framework Adjustment 29 to
the Atlantic Sea Scallop Fishery
Management Plan. The Atlantic sea
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
sets 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
19:00 Nov 15, 2018
Jkt 247001
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
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
VerDate Sep<11>2014
allowable catch would be available
through research set-aside
compensation fishing only.
Timetable:
FR Cite
02/20/18
03/07/18
83 FR 7129
03/26/18
04/01/18
83 FR 12857
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
245. 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: This action implemented
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.
This action has 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 has
revised the trimester quotas for the
common pool fishery; set the southern
New England/mid-Atlantic yellowtail
flounder quota for the scallop fishery;
revised the areas, seasons, and vessels
subject to the Atlantic halibut
accountability measures; adjusted the
areas, seasons, and triggers for southern
windowpane flounder accountability
measures for non-groundfish fisheries;
revised catch thresholds for
implementing the scallop fishery’s
accountability measures for southern
New England yellowtail flounder; and
provided the Regional Administrator
with authority to adjust recreational
measures for Georges Bank cod for 2018
and 2019 to address recent increases in
catch.
Timetable:
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
03/22/18
04/06/18
83 FR 12531
05/01/18
05/01/18
83 FR 18985
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
246. 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 set the smallmesh multispecies specifications for the
2018–2020 fishing years and reinstated
regulatory text that was inadvertently
removed from the regulations in a
previous action. The action
recommended by the New England
Fishery Management Council adjusted
the catch specifications during 2018–
2020 for four target stocks caught by
small mesh fishing gear (‘‘the smallmesh fishery’’): northern silver hake,
northern red hake, southern whiting,
and southern red hake. The action
adjusted 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 reinstated 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 specified the 5,000 lbs
possession limit for red hake harvested
in the southern small mesh exemption
area. Reinstatement reduced confusion
in the industry because it clarified 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:
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Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
04/12/18
04/27/18
83 FR 15780
06/14/18
06/14/18
83 FR 27713
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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–BH76
VerDate Sep<11>2014
19:00 Nov 15, 2018
Jkt 247001
247. 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 to
identify areas where such negative
impacts would outweigh the benefits of
critical habitat designation.
PO 00000
Frm 00017
Fmt 4701
Sfmt 9990
58013
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
11/03/17
01/02/18
82 FR 51186
07/24/18
08/23/18
83 FR 35062
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
[FR Doc. 2018–24146 Filed 11–15–18; 8:45 am]
BILLING CODE 3510–12–P
E:\FR\FM\16NOP4.SGM
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Agencies
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 57997-58013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24146]
[[Page 57997]]
Vol. 83
Friday,
No. 222
November 16, 2018
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 /
Unified Agenda
[[Page 57998]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 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 spring 2018 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or issued by Commerce. The agenda is intended
to facilitate comments and views by interested members of the public.
Commerce's fall 2018 regulatory agenda includes regulatory
activities that are expected to be conducted during the period October
1, 2018, through September 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, Regulation, and
Oversight, U.S. Department of Commerce, Washington, DC 20230,
telephone: 202-482-3151.
SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 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 June 18, 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.
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.
In this edition of Commerce's regulatory agenda, a list of the most
important significant regulatory and deregulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory Plan,
which appears in both the online Unified Agenda and in part II of the
issue of the Federal Register that includes the Unified Agenda.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, Commerce's entire Regulatory Plan will continue
to be printed in the Federal Register.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare Fishery
Management Plans (FMPs) for the fisheries within their respective
areas. Regulations implementing these FMPs regulate domestic fishing
and foreign fishing where permitted. Foreign fishing may be conducted
in a fishery in which there is no FMP only if a preliminary FMP has
been issued to govern that foreign fishing. In the development of FMPs,
or amendments to FMPs, and their implementing regulations, the Councils
are required by law to conduct public hearings on the draft plans and
to consider the use of alternative means of regulating.
The Council process for developing FMPs and amendments makes it
difficult for NMFS to determine the significance and timing of some
regulatory actions under consideration by the Councils at the time the
semiannual regulatory agenda is published.
Commerce's fall 2018 regulatory agenda follows.
Peter B. Davidson,
General Counsel.
[[Page 57999]]
International Trade Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
198....................... Covered Merchandise 0625-AB10
Referrals From the
Customs Service.
------------------------------------------------------------------------
Bureau of Industry and Security--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
199....................... 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.
------------------------------------------------------------------------
200....................... Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico.
201....................... Comprehensive Fishery 0648-BD33
Management Plan for St.
Croix.
202....................... Comprehensive Fishery 0648-BD34
Management Plan for St.
Thomas/St. John.
203....................... Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
204....................... 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.
205....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
206....................... Illegal, Unregulated, and 0648-BG11
Unreported Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
207....................... International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
208....................... Regulatory Amendment to 0648-BH70
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
Bottom Trawl and Non-
Whiting Midwater Trawl
Vessels.
209....................... 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.
210....................... Atlantic Highly Migratory 0648-BH75
Species; Shortfin Mako
Shark Management Measures.
211....................... Framework Adjustment to 0648-BH80
Modify a Commercial
Accountability Measure in
the Summer Flounder,
Scup, and Black Sea Bass
Fishery Management Plan.
212....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood (Reg
Plan Seq No. 18).
213....................... Revisions to Regulations 0648-BH88
for Species With
Sideboard Limits That
Cannot Support Directed
Fishing by Vessels
Subject to Sideboards in
the Bering Sea and
Aleutian Islands and Gulf
of Alaska.
214....................... 2019-2020 Harvest 0648-BH93
Specifications and
Management Measures for
Pacific Coast Groundfish
and Fishery Management
Plan.
215....................... Framework Action to the 0648-BI39
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico,
Modification of Gulf of
Mexico Red Snapper and
Hogfish Annual Catch
Limits.
216....................... Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
217....................... Designation of Critical 0648-BI06
Habitat for the Mexico,
Central American, and
Western Pacific Distinct
Population Segments of
Humpback Whales Under the
Endangered Species Act.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
218....................... Modification of the 0648-BE77
Temperature-Dependent
Component of the Pacific
Sardine Harvest Guideline
Control Rule to
Incorporate New
Scientific Information.
219....................... Regulatory Amendment to 0648-BF52
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
the Pacific Whiting
Fishery.
220....................... Commerce Trusted Trader 0648-BG51
Program (Reg Plan Seq No.
20).
221....................... Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
222....................... Allow Halibut Individual 0648-BG94
Fishing Quota Leasing to
Community Development
Quota Groups.
223....................... Amendment 116 to the 0648-BH02
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area.
224....................... Atlantic Highly Migratory 0648-BH54
Species; Atlantic Bluefin
Tuna and North Atlantic
Albacore Quotas.
225....................... Regulation to Reduce 0648-BG45
Incidental Bycatch and
Mortality of Sea Turtles
in the Southeastern U.S.
Shrimp Fisheries.
226....................... Regulatory Amendment to 0648-BG57
Authorize a Recreational
Quota Entity.
227....................... Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
[[Page 58000]]
228....................... Mallows Bay-Potomac River 0648-BG02
National Marine Sanctuary
Designation.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
229....................... Pacific Coast Groundfish 0648-BE90
Fishing Capacity
Reduction Loan Refinance.
230....................... Voting Criteria for a 0648-BG36
Referendum on a Gulf of
Mexico Reef Fish Catch
Share Program for For-
Hire Vessels With
Landings Histories.
231....................... Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
232....................... Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
233....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
234....................... Endangered and Threatened 0648-BG26
Species; Designation of
Critical Habitat for
Threatened Caribbean and
Indo-Pacific Reef-
building Corals.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
235....................... Framework Adjustment 2 to 0648-BF85
the Tilefish Fishery
Management Plan.
236....................... Amendment 36A to the 0648-BG83
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico.
237....................... International Fisheries; 0648-BG93
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Limits in Purse
Seine Fisheries for 2017.
238....................... Nontrawl Lead Level 2 0648-BG96
Observers.
239....................... Atlantic Highly Migratory 0648-BG97
Species; Revisions to
Shark Fishery Closure
Regulations.
240....................... Rule to Modify Mutton 0648-BG99
Snapper and Gag
Management Measures in
the Gulf of Mexico.
241....................... Amendment 47 to the 0648-BH07
Fishery Management Plan
for Reef Fish Resources
of the Gulf of Mexico.
242....................... Management Measures for 0648-BH13
Tropical Tunas in the
Eastern Pacific Ocean.
243....................... Interim 2018 Pacific Coast 0648-BH31
Tribal Pacific Whiting
Allocation.
244....................... Framework Adjustment 29 to 0648-BH51
the Atlantic Sea Scallop
Fishery Management Plan;
Northern Gulf of Maine
Measures.
245....................... Framework Adjustment 57 to 0648-BH52
the Northeast
Multispecies Fishery
Management Plan.
246....................... Small-Mesh Multispecies 0648-BH76
2018-2020 Specifications.
247....................... Designate Critical Habitat 0648-BC45
for the Hawaiian Insular
False Killer Whale
Distinct Population
Segment.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Proposed Rule Stage
198. 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
199. 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
[[Page 58001]]
Export Information filing requirements in the Automated Export System
for exports to China, Russia, and Venezuela.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/19 .......................
------------------------------------------------------------------------
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].
RIN: 0694-AH53
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
200. 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
201. 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
202. 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
203. 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
[[Page 58002]]
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................................ 06/00/19 .......................
------------------------------------------------------------------------
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-BD59
204. 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................................ 06/00/19 .......................
------------------------------------------------------------------------
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
205. 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................................ 12/00/18 .......................
------------------------------------------------------------------------
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
206. Illegal, Unregulated, and Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114-81
Abstract: This proposed rule will make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule will also implement the Port State Measures
Agreement. To that end, this proposed rule will require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule establishes procedures for
notification of: The denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 58003]]
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-BG11
207. 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................................ 10/00/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG66
208. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for
Bottom Trawl and Non-Whiting Midwater Trawl Vessels
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement a regulatory
amendment to the Pacific Fishery Management Council's Pacific Coast
Groundfish Fishery Management Plan to allow bottom trawl and midwater
trawl vessels targeting non-whiting species the option to use
electronic monitoring (video cameras and associated sensors) in place
of observers to meet requirements for 100-percent observer coverage. 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 fleet.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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-BH70
209. 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
------------------------------------------------------------------------
Notice of Availability.............. 06/21/18 83 FR 28797
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
210. 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................................ 07/27/18 83 FR 35590
NPRM Comment Period End............. 10/01/18 .......................
Final Action........................ 02/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 58004]]
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-BH75
211. Framework Adjustment To Modify a Commercial Accountability Measure
in the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: As per action by the Mid Atlantic Fishery Management
Council and the Atlantic States Marine Fisheries Commission, this rule
would propose to adjust the current pound-for-pound accountability
measures required for non-landings overages (i.e., overages that occur
because of higher-than-expected dead discard estimates) in the summer
flounder, scup, and black sea bass fisheries. When overages cannot be
addressed through a landings-based accountability measure alone, this
action would allow for a scaled payback of an annual catch limit
overage, depending on the condition of the stock rather than a pound-
for-pound payback of the annual catch limit overage.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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-BH80
212. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood
Regulatory Plan: This entry is Seq. No. 18 in part II of this issue
of the Federal Register.
RIN: 0648-BH87
213. Revisions to Regulations for Species With Sideboard Limits That
Cannot Support Directed Fishing by Vessels Subject to Sideboards in the
Bering Sea and Aleutian Islands and Gulf of Alaska
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to implement an action of the Northern
Pacific Fishery Management Council by revising Federal regulations to
prohibit directed fishing for those species with sideboard limits that
are not large enough to support directed fishing by non-exempt American
Fisheries Act vessels in the Bering Sea/Aleutian Islands and Gulf of
Alaska and crab vessels in the Crab Rationalization Program (CR
Program) in the Gulf of Alaska, or for those species that are fully
allocated to other programs (e.g., flathead sole, rock sole, Western
Aleutian Islands Atka mackerel). NMFS would then no longer publish
American Fisheries Act and CR Program sideboard amounts for those
species in the annual harvest specifications. In addition, the action
would remove the sideboard limit on American Fisheries Act catcher/
processors for Central Aleutian Islands Atka mackerel because the
sideboard limit under the American Fisheries Act (11.5 percent) is
constrained by the allocation to the trawl limited access sector (10
percent) that was established by the Amendment 80 Program. The primary
benefits of this action are that it would streamline the annual harvest
specifications, reduce the annual costs of preparing and publishing the
annual harvest specifications in the Federal Register, and simplify
NMFS' annual programming changes to the agency's groundfish catch
accounting system. This action would not alter how NMFS actually
manages the relevant sideboard limits, and NMFS would continue to
monitor Bering Sea/Aleutian Islands and Gulf of Alaska groundfish catch
to ensure that each species' total allowable catch limit is not
exceeded. This action would not incur any negative impacts to American
Fisheries Act and crab sideboard limited vessels for the foreseeable
future.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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-BH88
214. 2019-2020 Harvest Specifications and Management Measures
for Pacific Coast Groundfish and Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management Council
(Council) makes recommendations to set biennial allowable harvest
levels for Pacific Coast groundfish, and recommends management measures
for commercial, recreational, and tribal fisheries that are designed to
achieve those harvest levels consistent with the Pacific Coast
Groundfish Fishery Management Plan. For the 2019-2020 biennium, the
Council has recommended the following: Harvest specifications,
including overfishing limits, acceptable biological catches, and annual
catch limits; management measures to achieve those specifications;
changes to the yelloweye rockfish rebuilding plan, which would increase
the annual catch limit for this species for the 2-year biennial
management period; and measures to reduce salmon bycatch in the
groundfish fisheries. The specifications and management measures that
would be forwarded by this action would be in effect from January 1,
2019, through December 31, 2020.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/18 .......................
------------------------------------------------------------------------
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-BH93
215. Framework Action to the Fishery Management Plan for Reef
Fish Resources of the Gulf of Mexico, Modification of Gulf of Mexico
Red Snapper and Hogfish Annual Catch Limits
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
[[Page 58005]]
Abstract: The Gulf of Mexico Fishery Management Council recently
took action to revise the acceptable biological catch and the annual
catch limits for the Gulf of Mexico stocks of red snapper and hogfish.
This action was taken in response to the most recent stock assessments
for these species and the recommendations from the Council's Scientific
and Statistical Committee. The red snapper and hogfish assessments
found the stocks are neither overfished nor undergoing overfishing.
This rulemaking would implement the Council's action by increasing the
acceptable biological catch for red snapper and setting the annual
catch limit to be equal to the acceptable biological catch. The
established allocations would be used to set the commercial and
recreational component annual catch limits, and recreational component
annual catch targets. The acceptable biological catch for hogfish would
decrease and the stock annual catch limit would be set equal to the
acceptable biological catch. There are no allocations or annual catch
targets for Gulf hogfish.
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-BI39
216. Revision to Critical Habitat Designation for Endangered
Southern Resident Killer Whales
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would revise the designation of
critical habitat for the endangered Southern Resident killer whale
distinct population segment, pursuant to section 4 of the Endangered
Species Act. Critical habitat for this population is currently
designated within inland waters of Washington. In response to a 2014
petition, NMFS is proposing to expand the designation to include areas
occupied by Southern Resident killer whales in waters along the U.S.
West Coast. Impacts from the designation would stem mainly from Federal
agencies' requirement to consult with NMFS, under section 7 of the
Endangered Species Act, to ensure that any action they carry out,
permit (authorize), or fund will not result in the destruction or
adverse modification of critical habitat of a listed species. Federal
agencies are already required to consult on effects to the currently
designated critical habitat in inland waters of Washington, but
consultation would be newly required for actions affecting the expanded
critical habitat areas. Federal agencies are also already required to
consult within the Southern Resident killer whales' range (including
along the U.S. West Coast) to ensure that any action they carry out,
permit, or fund will not jeopardize the continued existence of the
species; this requirement would not change with a revision to the
critical habitat designation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/19 .......................
------------------------------------------------------------------------
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-BH95
217. Designation of Critical Habitat for the Mexico, Central
American, and Western Pacific Distinct Population Segments of Humpback
Whales Under the Endangered Species Act
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the designation of critical
habitat for three distinct population segments of humpback whales
(Megaptera novaeangliae) pursuant to section 4 of the Endangered
Species Act. The three distinct population segments of humpback whales
concerned--the Mexico, Central American, and Western Pacific distinct
population segments--were listed under the Endangered Species Act on
September 8, 2016, thereby triggering the requirement under section 4
of the Endangered Species Act to designate critical habitat to the
maximum extent prudent and determinable. Proposed critical habitat for
these three distinct population segments of humpback whales will
include marine habitats within the Pacific Ocean and Bering Sea and
will likely overlap with several existing designations, including
critical habitat for leatherback sea turtles, North Pacific right
whales, Steller sea lions, southern resident killer whales, and the
southern distinct population segment of green sturgeon. Impacts from
the designations for humpback whales would stem from the statutory
requirement for Federal agencies to consult with NMFS, under section 7
of the Endangered Species Act, to ensure that any action they carry
out, authorize, or fund will not result in the destruction or adverse
modification of humpback whale critical habitat. Within many of the
areas we are evaluating for potential proposal as critical habitat for
the humpback whales distinct population segments, Federal agencies are
already required to consult on effects to currently designated critical
habitat for other listed species. Federal agencies are also already
required to consult with NMFS under section 7 of the Endangered Species
Act to ensure that any action they authorize, fund or carry out will
not jeopardize the continued existence of the listed distinct
population segments of humpback whales.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/19 .......................
------------------------------------------------------------------------
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-BI06
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
218. 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
[[Page 58006]]
calculate the temperature parameter of the Pacific sardine harvest
guideline control rule under the Fishery Management Plan. The harvest
guideline control rule, in conjunction with the overfishing limit and
acceptable biological catch control rules, is used to set annual
harvest levels for Pacific sardine. The temperature parameter is
calculated annually. The National Marine Fisheries Service determined
that a new temperature index is more statistically sound and this
action will adopt that index.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/23/17 82 FR 39977
NPRM Comment Period End............. 09/22/17 .......................
Final Action........................ 10/00/18 .......................
------------------------------------------------------------------------
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
219. 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........................ 10/00/18 .......................
------------------------------------------------------------------------
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
220. Commerce Trusted Trader Program
Regulatory Plan: This entry is Seq. No. 20 in part II of this issue
of the Federal Register.
RIN: 0648-BG51
221. 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
------------------------------------------------------------------------
Notice of Availability.............. 03/14/18 83 FR 11164
NPRM................................ 04/04/18 83 FR 14400
NPRM Comment Period End............. 05/04/18 .......................
Final Action........................ 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-BG75
222. 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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/18 83 FR 8028
NPRM Comment Period End............. 03/26/18 .......................
Final Action........................ 10/00/18 .......................
------------------------------------------------------------------------
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
223. Amendment 116 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would further limit access to the Bering Sea
and
[[Page 58007]]
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
------------------------------------------------------------------------
Notice of Availability.............. 05/18/18 83 FR 23250
NPRM................................ 06/06/18 83 FR 26237
NPRM Comment Period End............. 07/06/18
Correction.......................... 07/20/18 83 FR 28604
Final Action........................ 10/00/18
------------------------------------------------------------------------
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
224. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna and North
Atlantic Albacore Quotas
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: 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................................ 07/06/18 83 FR 31517
NPRM Comment Period End............. 08/06/18
Final Action........................ 10/00/18
------------------------------------------------------------------------
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
225. 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........................ 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-BG45
226. 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........................ 10/00/18
------------------------------------------------------------------------
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
227. 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
[[Page 58008]]
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........................ 06/00/19
------------------------------------------------------------------------
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
228. Mallows Bay-Potomac River National Marine Sanctuary Designation
E.O. 13771 Designation: Not subject to, not significant.
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........................ 01/00/19
------------------------------------------------------------------------
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)
Long-Term Actions
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service
229. Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 1861 et seq.; 5
U.S.C. 561 et seq.
Abstract: Congress enacted the 2015 National Defense Authorization
Act to refinance the existing debt obligation funding the fishing
capacity reduction program for the Pacific Coast Groundfish fishery
implemented under section 212. Pending appropriation of funds to effect
the refinance, the National Marine Fisheries Service issued proposed
regulations to seek comment on the refinancing and to prepare for an
industry referendum and final rule. However, a subsequent appropriation
to fund the refinancing was never enacted. As a result, the National
Marine Fisheries Service has no funds with which to proceed, and the
refinancing authority cannot be implemented at this time.
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: Brian Pawlak, Phone: 301 427-8621, Email:
[email protected].
RIN: 0648-BE90
230. 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................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Phone: 727 824-5305, Fax: 727 824-
5308, Email: [email protected].
RIN: 0648-BG36
231. 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.
[[Page 58009]]
Abstract: This action would implement regulatory measures under the
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that
are resting in protected bays from take due to close approach
interactions with humans.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/05 70 FR 73426
ANPRM Comment Period End............ 01/11/06
NPRM................................ 08/24/16 81 FR 57854
NPRM Comment Period End............. 10/23/16
NPRM Comment Period Reopened........ 11/16/16 81 FR 80629
NPRM Comment Period Reopened End.... 12/01/16
Final Action........................ 11/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-AU02
232. 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
Proposed Rule 2..................... 11/00/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BC56
233. 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
------------------------------------------------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BF90
234. 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
------------------------------------------------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Phone: 301 427-8400.
RIN: 0648-BG26
DEPARTMENT OF COMMERCE (DOC)
Completed Actions
National Oceanic and Atmospheric Administration (NOAA)
235. 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 developed a
framework adjustment to its Tilefish Fishery Management Plan, which
modified management measures for the tilefish fishery to improve the
management of the species. The measures eliminated the current call-in
reporting requirement; prohibited a vessel from fishing for more than
one Individual Fishing Quota allocation at the same time; required
tilefish to be landed with the head attached; clarified what fishing
gears are allowed in the recreational fishery; and made 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........................ 03/13/18 83 FR 10390
Final Action Effective.............. 04/12/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic
[[Page 58010]]
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
236. 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 implemented 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 improved 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
addressed non-activated individual fishing quota accounts and provided
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................................ 03/22/18 83 FR 12326
NPRM Comment Period End............. 04/20/18 .......................
Final Action........................ 06/12/18 83 FR 27297
Final Action Effective.............. 07/12/18 .......................
------------------------------------------------------------------------
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-BG83
237. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Fishing Limits in Purse Seine Fisheries for
2017
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: As authorized under the Western and Central Pacific
Fisheries Convention Implementation Act, this rule would enable NOAA
Fisheries to implement a recent decision of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (Commission). The rule would
establish a limit for calendar year 2017 on fishing effort by U.S.
purse seine vessels in the U.S. exclusive economic zone and on the high
seas between the latitudes of 20 degrees N and 20 degrees S in the area
of application of the Convention on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.
The limit is 1,828 fishing days. The rule also would make corrections
to outdated cross-references in existing regulatory text. This action
is necessary to satisfy the obligations of the United States under the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Convention), to which
it is a Contracting Party. This action has been superseded by another
rulemaking for Western and Central Pacific Fisheries for Highly
Migratory Species (0648-BH77).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/20/17 82 FR 43926
NPRM Comment Period End............. 10/05/17 .......................
Withdrawn........................... 07/02/18 .......................
------------------------------------------------------------------------
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
238. 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 modified regulations pertaining to the
nontrawl lead level 2 observer deployment endorsement and required
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 increased 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 benefitted 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 included 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 were 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........................ 06/29/18 83 FR 30528
Final Action Effective.............. 07/30/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
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
239. 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 revises the procedures in place for
Atlantic Highly Migratory Species shark fishery closures. The
rulemaking would change the landings level that prompts fishery closure
and the length of time between public notice and the effective date of
a
[[Page 58011]]
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........................ 07/09/18 83 FR 31677
Final Action Effective.............. 08/08/18 .......................
------------------------------------------------------------------------
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
240. 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 established annual catch limits from 2017
through 2020 for the Gulf of Mexico apportionment of mutton snapper and
removed the annual catch target because this target is not currently
used for management purposes. This rule established a recreational bag
limit for mutton snapper, modified the minimum size limit for
commercial and recreational mutton snapper, and modified 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........................ 06/22/18 83 FR 29041
Final Action Effective.............. 07/23/18 .......................
------------------------------------------------------------------------
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
241. 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 revised 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 established 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........................ 05/14/18 83 FR 22210
Final Action Effective.............. 06/13/18 .......................
------------------------------------------------------------------------
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-BH07
242. 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 rule implemented 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 included additional management measures related to fish
aggregating devices, made minor revisions to the definition of force
majeure, included provisions related to transferring longline catch
limits for bigeye tuna between Inter-American Tropical Tuna Commission
members, and increased 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........................ 04/11/18 83 FR 15503
Final Action Effective.............. 05/11/18 .......................
------------------------------------------------------------------------
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-BH13
243. 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 implemented a rule for the tribal Pacific whiting
(whiting) fishery off the coast of Washington State. The purpose is to
establish an interim 2018 tribal whiting allocation. 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:
[[Page 58012]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/24/18 83 FR 3291
NPRM Comment Period End............. 02/23/18 .......................
Final Action........................ 05/15/18 83 FR 22401
Final Action Effective.............. 05/15/18 .......................
------------------------------------------------------------------------
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
244. 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 implemented the New England Fishery
Management Council's Framework Adjustment 29 to the Atlantic Sea
Scallop Fishery Management Plan. The Atlantic sea 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 sets 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........................ 03/26/18 83 FR 12857
Final Action Effective.............. 04/01/18 .......................
------------------------------------------------------------------------
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
245. 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: This action implemented 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.
This action has 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 has revised the
trimester quotas for the common pool fishery; set the southern New
England/mid-Atlantic yellowtail flounder quota for the scallop fishery;
revised the areas, seasons, and vessels subject to the Atlantic halibut
accountability measures; adjusted the areas, seasons, and triggers for
southern windowpane flounder accountability measures for non-groundfish
fisheries; revised catch thresholds for implementing the scallop
fishery's accountability measures for southern New England yellowtail
flounder; and provided 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................................ 03/22/18 83 FR 12531
NPRM Comment Period End............. 04/06/18 .......................
Final Action........................ 05/01/18 83 FR 18985
Final Action Effective.............. 05/01/18 .......................
------------------------------------------------------------------------
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
246. 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 set the small-mesh multispecies
specifications for the 2018-2020 fishing years and reinstated
regulatory text that was inadvertently removed from the regulations in
a previous action. The action recommended by the New England Fishery
Management Council adjusted 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 adjusted 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 reinstated 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 specified the 5,000 lbs possession limit for red hake
harvested in the southern small mesh exemption area. Reinstatement
reduced confusion in the industry because it clarified 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:
[[Page 58013]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/12/18 83 FR 15780
NPRM Comment Period End............. 04/27/18 .......................
Final Action........................ 06/14/18 83 FR 27713
Final Action Effective.............. 06/14/18 .......................
------------------------------------------------------------------------
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
247. 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 to
identify 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........................ 07/24/18 83 FR 35062
Final Action Effective.............. 08/23/18 .......................
------------------------------------------------------------------------
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
[FR Doc. 2018-24146 Filed 11-15-18; 8:45 am]
BILLING CODE 3510-12-P