Spring 2024 Semiannual Agenda of Regulations, 66780-66794 [2024-16446]
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66780
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I,
II, III, VII, VIII, IX, and XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Spring 2024 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 pre-rulemaking,
proposed rules, final rules, long-term
actions, and rulemaking actions
completed since the publication of the
Fall 2023 Unified Agenda.
The purpose of the Agenda is to
provide information to the public on
regulations that are currently under
review, being proposed, or recently
issued by Commerce. It is expected that
this information will enable the public
to participate more effectively in
Commerce’s regulatory process.
Commerce’s Spring 2024 Unified
Agenda includes regulatory activities
that are expected to be conducted
during the period July 1, 2024, through
June 31, 2024.
SUMMARY:
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 Candida Harty, Chief
Counsel for Regulation, Office of the
Assistant General Counsel for
Legislation and Regulation, U.S.
Department of Commerce, Washington,
DC 20230, telephone: 202–482–3410.
SUPPLEMENTARY INFORMATION: Commerce
hereby publishes its Spring 2024
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.
By memorandum of February 20, 2024,
the Office of Management and Budget
issued guidelines and procedures for the
preparation and publication of the
Spring 2024 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.
The internet is 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.
A list of Commerce’s most important
significant regulatory and deregulatory
actions and a Statement of Regulatory
Priorities are included only in the fall
editions of the Unified Agendas and,
thus, do not appear in the Spring 2024
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. In
addition to regulations promulgated by
NOAA, BIS, and PTO, this issue also
includes regulations to be promulgated
by, or that have been published and
completed since the Fall 2023 Unified
Agenda by, the International Trade
Administration (ITA), the U.S. Census
Bureau (CENSUS), the National Institute
of Standards and Technology (NIST),
the National Telecommunications and
Information Administration (NTIA), the
U.S. Economic Development
Administration (EDA), and the Office of
the Secretary (OS).
Commerce’s Spring 2024 Unified
Agenda follows.
Leslie Kiernan,
General Counsel.
GENERAL ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
18 ......................
Securing the Information and Communications Technology and Services Supply Chain ..............................
0605–AA51
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GENERAL ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
19 ......................
Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures.
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INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
20 ......................
Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential
Proclamation 10414.
0625–AB21
BUREAU OF INDUSTRY AND SECURITY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
21 ......................
Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious CyberEnabled Activities.
0694–AJ35
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
22 ......................
Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act.
Amendment 125 to the Bering Sea and Aleutian Islands Fishery Management Plan; Pacific Cod Small
Boat Access.
Authorizing Hook-and-line Catcher/Processors to use Longline Pot Gear in the Bering Sea Greenland
Turbot Fishery.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery Vessel
Tracking for the Federal American Lobster Fishery.
Atlantic Highly Migratory Species; Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan.
Atlantic Highly Migratory Species; Electronic Reporting Requirements ..........................................................
Atlantic Highly Migratory Species; Revisions to Commercial Atlantic Blacknose and Recreational Atlantic
Shark Fisheries.
International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific
Tuna Treaty.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery;
2024 Harvest Specifications for Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation.
2025–2026 Harvest Specifications and Management Measures for the Pacific Coast Groundfish Fishery ..
Notice of Proposed Rulemaking for the Designation Pacific Remote Islands National Marine Sanctuary ....
23 ......................
24 ......................
25 ......................
26 ......................
27 ......................
28 ......................
29 ......................
30 ......................
31 ......................
32 ......................
0648–BG11
0648–BM64
0648–BM77
0648–BM38
0648–BM08
0648–BM23
0648–BM88
0648–BG04
0648–BM85
0648–BN08
0648–BM52
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
33 ......................
34 ......................
35 ......................
Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule .............................................
Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals ..........................................
Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act.
Designation of Marine Critical Habitat for Six Distinct Population Segments of Green Sea Turtles Under
the Endangered Species Act.
Designation of Critical Habitat for Rice’s Whale Under the Endangered Species Act ...................................
Framework Adjustment 66 to the Northeast Multispecies Fishery Management Plan ...................................
Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Management.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort
Limits in Purse Seine Fisheries.
36 ......................
37 ......................
38 ......................
39 ......................
40 ......................
0648–BI88
0648–BJ52
0648–BK04
0648–BL82
0648–BL86
0648–BM71
0648–BI10
0648–BL25
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
41 ......................
Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for
Seafood.
Seafood Import Permitting and Reporting Procedures ....................................................................................
42 ......................
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
43 ......................
44 ......................
45 ......................
Designation of Critical Habitat for the Threatened Caribbean Corals .............................................................
Designation of Critical Habitat for Nassau Grouper Under the Endangered Species Act ..............................
Atlantic Large Whale Take Reduction Plan Modifications to Reduce Serious Injury and Mortality of Large
Whales in Commercial Trap/Pot Fisheries Along the U.S. East Coast.
Amendment 123 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area; Halibut Abundance-Based Management of Amendment 80 Prohibited Species
Catch Limit.
Rulemaking to Modify the 2023–2027 Halibut Individual Fishing Quota (IFQ) Vessel Harvest Limitations in
IFQ Regulatory Areas 4A, 4B, 4C, and 4D.
Amendment 16 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska; Cook
Inlet.
Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan ...................................
Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan .......................................
Atlantic Highly Migratory Species; Prohibiting Retention of Oceanic Whitetip Sharks in U.S. Atlantic
Waters and Hammerhead Sharks in the Caribbean Sea.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna General Category Restricted-Fishing Days; Atlantic Bluefin Tuna Regulatory Clarifications.
Amendment 51 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (Amendment 51).
Amendment 56 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico:
Modifications to Catch Limits, Sector Allocation, and Recreational Fishing Seasons for Gulf of Mexico
Gag.
46 ......................
47 ......................
48 ......................
49 ......................
50 ......................
51 ......................
52 ......................
53 ......................
54 ......................
0648–BG26
0648–BL53
0648–BM31
0648–BL42
0648–BM18
0648–BM42
0648–BL95
0648–BM78
0648–BK54
0648–BM66
0648–BM03
0648–BM46
PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE
Title
55 ......................
56 ......................
Setting and Adjusting Patent Fees During Fiscal Year 2025 ..........................................................................
Setting and Adjusting Trademark Fees During Fiscal Year 2025 ...................................................................
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
18. Securing the Information and
Communications Technology and
Services Supply Chain [0605–AA51]
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Regulation
Identifier No.
Sequence No.
Legal Authority: 50 U.S.C. 1701; 3
U.S.C. 301; 50 U.S.C. 1601; E.O. 13873;
E.O. 14034
Abstract: Pursuant to Executive Order
13873 of May 15, 2019, ‘‘Securing the
Information and Communications
Technology and Services Supply Chain’’
and Executive Order 14034 of June 9,
2021, ‘‘Protecting Americans’ Sensitive
Data From Foreign Adversaries,’’ the
Department of Commerce is finalizing
the rule that sets forth the process and
procedures that the Secretary of
Commerce will use to identify, assess,
and address transactions that pose an
undue risk to the security, integrity, and
reliability of information and
communications technology and
services provided and used in the
United States.
Timetable:
Action
Date
NPRM ..................
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84 FR 65316
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Action
Date
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective Date.
Final Action .........
FR Cite
12/27/19
01/19/21
03/22/21
86 FR 4909
03/22/21
08/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Katelyn Christ,
Department of Commerce, 1401
Constitution Avenue, Washington, DC
20230, Phone: 202 482–3064, Email:
katelyn.christ@bis.doc.gov.
RIN: 0605–AA51
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Long-Term Actions
Abstract: The Department is seeking
public input regarding establishing a
licensing process for entities to seek preapproval before engaging in or
continuing to engage in potentially
regulated information and
communications technology and
services (ICTS) Transactions under 15
CFR part 7.
Timetable:
Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Legal Authority: 50 U.S.C. 1701; 3
U.S.C. 301; 50 U.S.C. 1601; E.O. 13873;
E.O. 14034
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Date
03/29/21
04/28/21
FR Cite
86 FR 16312
11/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Katelyn Christ,
Phone: 202 482–3064, Email:
katelyn.christ@bis.doc.gov.
RIN: 0605–AA60
19. Securing the Information and
Communications Technology and
Services Supply Chain: Licensing
Procedures [0605–AA60]
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0651–AD64
0651–AD65
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DEPARTMENT OF COMMERCE (DOC)
DEPARTMENT OF COMMERCE (DOC)
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
Bureau of Industry and Security (BIS)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
Final Rule Stage
20. Procedures Covering Suspension of
Liquidation, Duties and Estimated
Duties in Accord With Presidential
Proclamation 10414 [0625–AB21]
Legal Authority: Proc 10414, 87 FR
35067; 19 U.S.C. 1318
Abstract: In accordance with
Presidential Proclamation 10414 and
pursuant to its authority under Section
318(a) of the Tariff Act of 1930, as
amended (the Act), the Department of
Commerce (Commerce) is issuing this
final rule to implement Proclamation
10414. Specifically, Commerce is
issuing a new rule that, in the event of
an affirmative preliminary or final
determination in the antidumping and
countervailing duty (AD/CVD)
circumvention inquiries described
below, under Title VII of the Act,
extends the time for, and waives, the
suspension of liquidation, the
application of certain AD/CVD duties,
and the collection of cash deposits on
applicable entries of certain crystalline
silicon photovoltaic cells, whether or
not assembled into modules, that are
completed in the Kingdom of Cambodia
(Cambodia), Malaysia, the Kingdom of
Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using
parts and components manufactured in
the People’s Republic of China (China),
and that are not already subject to an
antidumping or countervailing duty
order.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Next Action Undetermined.
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66783
FR Cite
07/01/22
08/01/22
87 FR 39426
09/16/22
11/15/22
87 FR 56868
Legal Authority: 50 U.S.C. 1701 et
seq.; 50 U.S.C. 1601 et seq.; E.O. 13873;
E.O. 13984; E.O. 14110
Abstract: Executive Order 13984 of
January 19, 2021, Taking Additional
Steps To Address the National
Emergency With Respect to Significant
Malicious Cyber-Enabled Activities,
(E.O. 13984) directs the Secretary of
Commerce (Secretary) to propose
regulations requiring certain providers
and resellers of certain Infrastructure as
a Service (IaaS) products to verify the
identity of their foreign customers
permitting the Secretary, in consultation
with Secretary of Defense, the Attorney
General, the Secretary of Homeland
Security, and the Director of National
Intelligence, to grant exemptions to the
verification requirement; and
authorizing the Secretary to impose
special measures on providers with
regard to certain foreign jurisdictions or
foreign persons. Additionally, Executive
Order 14110 of October 30, 2023, Safe,
Secure, and Trustworthy Development
and Use of Artificial Intelligence’’ (E.O.
14110) directs the Secretary to impose
record keeping requirements on IaaS
providers when foreign persons use U.S.
IaaS products to train certain large
artificial intelligence (AI) models and to
require U.S. IaaS providers identify the
foreign customers of their foreign
resellers. The Department of Commerce
is assessing public comments from its
January 29, 2024, notice of proposed
rulemaking (NPRM) to EOs 13984 and
14110 and will issue a final rule once
that review is complete.
Timetable:
Action
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Nikki Kalbing,
Department of Commerce, International
Trade Administration, Washington, DC
20230, Phone: 202 717–3147, Email:
nikki.kalbing@trade.gov.
RIN: 0625–AB21
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Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
01/29/24
04/29/24
FR Cite
89 FR 5698
12/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kellen Moriarty,
Department of Commerce, 1401
Constitution Avenue, Washington, DC
20230, Phone: 202 482–1329.
RIN: 0694–AJ35
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Proposed Rule Stage
National Marine Fisheries Service
22. Illegal, Unreported, and
Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing
Moratorium Protection Act [0648–
BG11]
Legal Authority: Pub. L. 114–81
Abstract: This proposed rule would
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 would also
implement the Port State Measures
Agreement. To that end, this proposed
rule would 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
would establish 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
NPRM ..................
NPRM Comment
Period End.
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Date
07/08/22
09/06/22
FR Cite
87 FR 40763
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Action
Date
Second NPRM ....
Timetable:
FR Cite
10/00/24
Action
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Director,
Office of International Affairs, Trade,
and Commerce, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 427–8286, Email:
alexa.cole@noaa.gov.
RIN: 0648–BG11
23. • Amendment 125 to the Bering Sea
and Aleutian Islands Fishery
Management Plan; Pacific Cod Small
Boat Access [0648–BM64]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council, this
action would allow smaller hook-andline or pot catcher vessels operating in
the Federal Bering Sea and Aleutian
Island (BSAI) Pacific cod (Gadus
macrophalus) less than 60′ hook-andline or pot catcher vessel sector to
harvest Pacific cod from the BSAI
Pacific cod jig sector’s allocation. Under
the current regulations, the BSAI Pacific
cod jig sector only includes jig catcher
vessels and catcher processors. The
proposed amendment would redefine
the current Federal BSAI Pacific cod jig
sector to add hook-and-line and pot
catcher vessels that are less than or
equal to 55′ length overall to the current
definition. This proposed action is
needed because of reduced Pacific cod
total allowable catch (TAC), shortened
seasons for the less than 60′ hook-andline and pot catcher vessel Pacific cod
sector, and the inability of these smaller
vessels to compete with larger vessels
during poor weather. As such, the
proposed action would likely provide a
small benefit to a small number of
fishery participants (those with smaller
vessels). This action could provide
stability and additional opportunities
for current fishery participants and
potential new entrants with smaller
hook-and-line or pot catcher vessels
without negatively impacting vessels
that operate in the jig sector. However,
larger hook-and-line or pot vessels
could be negatively impacted by the
proposed action, which would likely
impact the historically common
reallocations of projected unused Pacific
cod allocation from the jig sector to the
less than 60′ hook-and-line or pot
catcher vessel sector. The authority for
this action is Section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act.
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NPRM ..................
FR Cite
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BM64
24. • Authorizing Hook-and-Line
Catcher/Processors To Use Longline Pot
Gear in the Bering Sea Greenland
Turbot Fishery [0648–BM77]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council, this
action would allow hook-and-line
catcher/processor vessels to use longline
pot gear in the Greenland turbot
(Reinhardtius hippoglossoides) fishery
in the Bering Sea (BS). Current
regulations only allow for the use of
hook-and-line or trawl gear when
directed fishing for Greenland turbot in
the BS. This action is needed due to an
increase in killer whale (Orcinus orca)
depredation in the BS hook-and-line
gear Greenland turbot fishery. The level
of depredation has increased to a level
where it precludes directed fishing for
Greenland turbot using hook-and-line
gear. This action would reduce the
impacts of whale depredation and allow
the fishery to resume. This action would
benefit the hook-and-line catcher/
processors who choose to participate in
the directed fishery for Greenland turbot
using longline pot gear. The authority
for this action is Section 304(b)(1)(A) of
the Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:
Action
Date
NPRM ..................
FR Cite
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BM77
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25. Atlantic Coastal Fisheries
Cooperative Management Act
Provisions; American Lobster Fishery
Vessel Tracking for the Federal
American Lobster Fishery [0648–BM38]
Legal Authority: 16 U.S.C. 71
Abstract: The Atlantic States Marine
Fisheries Commission, the body
responsible for the interstate
management of the American lobster
fishery, recently approved Addendum
XXIX to Amendment 3 to the Interstate
Fishery Management Plan for American
Lobster, which requires electronic
tracking of vessels participating in the
fishery, with state implementation
beginning in 2023. The Commission is
made up of representatives from each of
the eastern coastal states, including
members of the lobster industry, and
voted unanimously in support of vessel
tracking, which is similar to global
positioning system (GPS) capabilities on
a cellular/mobile telephone. These data
are critical to improving stock
assessments, informing discussions and
management decisions related to
protected species and marine spatial
planning, and enhancing offshore
enforcement. NOAA Fisheries is
proposing complementary Federal
regulations under the Atlantic Coastal
Fisheries Cooperative Management Act,
this would consider revising to
regulations under 50 CFR 697.
Timetable:
Action
NPRM ..................
Date
FR Cite
07/00/24
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, Email: michael.pentony@
noaa.gov.
RIN: 0648–BM38
26. Atlantic Highly Migratory Species;
Amendment 16 to the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan
[0648–BM08]
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: NMFS is developing a
proposed rule for Amendment 16 to the
2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP) pursuant to
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) sections 304(c) and (g). The draft
Amendment will include a draft
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environmental impact statement and
other required analyses. Based on the
mechanism used in establishing shark
quotas and related management
measures from Amendment 14 to the
2006 Consolidated HMS FMP,
Amendment 16 would modify the
acceptable biological catch (ABC) and
annual catch limits (ACLs) for Atlantic
sharks and the process used to account
for carryover of underharvests of quotas.
In this action, NMFS would also look at
all commercial and recreational
management measures related to the
Atlantic shark fishery and make
appropriate revisions. Amendment 16
would affect the bottom longline,
gillnet, and pelagic longline fisheries,
which fish for sharks throughout the
entire range of the fishery (Atlantic
Ocean, Gulf of Mexico, and Caribbean
Sea). The Agency’s proposed actions for
this rule will be based in part on
feedback and public comments received
on the issues and options paper. The
comment period ended in August 2023.
The comments received to date provide
helpful feedback on the potential issues
and ways forward.
Timetable:
Action
Date
Notice of Intent ....
Notice of Intent
Comment Period End.
NPRM ..................
05/08/23
08/18/23
FR Cite
88 FR 29617
03/00/25
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BM08
27. Atlantic Highly Migratory Species;
Electronic Reporting Requirements
[0648–BM23]
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory
species (HMS) are managed under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq., and the
Atlantic Tunas Convention Act (ATCA),
id. 971 et seq., the implementing statute
for binding recommendations of the
International Commission for the
Conservation of Atlantic Tunas. The
ANPRM considered options to: (1)
streamline logbook reporting by
converting existing commercial paper
logbooks to electronic logbooks; (2)
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expand logbook reporting to recreational
and commercial permit holders via
electronic logbooks, to be consistent
with Agency efforts in other fisheries
and to augment data collected for
fishery management; (3) collect
additional information through existing
electronic reporting mechanisms for
dealers and recreational permit holders
to augment data collected for fishery
management; and (4) facilitate HMS
reporting including considering ways to
incentivize reporting compliance (or
penalize noncompliance) and offering
an electronic reporting platform for
HMS Exempted Fishing Permit Program
permit holders. This action is being
taken pursuant to the rulemaking
authority under section 304(c) of the
Magnuson-Stevens Fishery
Conservation and Management Act. 16
U.S.C. 1854(c). The ANPRM comment
period ended in August 2023. The
comments received provide helpful
feedback on the potential issues and
ways forward, which are under
consideration by the Agency. The
Agency’s proposed actions for this
rulemaking will be based in part on
feedback and public comments received
on the ANPRM.
Timetable:
Jkt 262001
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
05/12/23
08/18/23
FR Cite
88 FR 30699
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BM23
28. • Atlantic Highly Migratory Species;
Revisions to Commercial Atlantic
Blacknose and Recreational Atlantic
Shark Fisheries [0648–BM88]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine
Fisheries Service, on behalf of the
Secretary of Commerce, is responsible
for managing Atlantic highly migratory
species (HMS) pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq., and consistent with
the Atlantic Tunas Convention Act
(ATCA), id. 971 et seq. This proposed
rule would consider options to: (1)
remove the Atlantic blacknose shark
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management boundary in the Atlantic
region, (2) modify the commercial
retention limit for blacknose sharks in
the Atlantic region, (3) revise the
recreational minimum size limits for
authorized Atlantic shark species, and
(4) revise the recreational bag limits for
some authorized Atlantic shark species.
This proposed rule would also remove
commercial management group quota
linkages, consistent with management
measures established in Amendment 14
to the 2006 Consolidated HMS Fishery
Management Plan (88 FR 4157, January
24, 2023). This action would affect the
commercial and recreational Atlantic
shark fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean Sea. In
2021, ex-vessel revenues for the entire
Atlantic shark fishery totaled
approximately $2.6 million. This action
is being taken pursuant to the
rulemaking authority under section
304(g) of the Magnuson-Stevens Fishery
Conservation and Management Act. 16
U.S.C. 1854(c).
Timetable:
Action
NPRM ..................
Date
FR Cite
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BM88
29. International Fisheries; South
Pacific Tuna Fisheries; Implementation
of Amendments to the South Pacific
Tuna Treaty [0648–BG04]
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
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Treaty amendments that can be
implemented under the existing South
Pacific Tuna Act.
Timetable:
Timetable:
NOS/ONMS
Action
Date
NPRM ..................
Action
Date
NPRM ..................
10/00/24
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30. • Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States; Pacific
Coast Groundfish Fishery; 2024 Harvest
Specifications for Pacific Whiting, and
2024 Pacific Whiting Tribal Allocation
[0648–BM85]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish
the 2024 harvest specifications and
allocations for Pacific Whiting. Through
this rulemaking, NMFS would
announce the U.S. Total Allowable
Catch (TAC) level determined under the
terms of the Agreement with Canada on
Pacific Hake/Whiting (Agreement) and
the Pacific Whiting Act of 2006
(Whiting Act) and set the interim
allocation for the tribal fishery; the
fishery harvest guideline (HG), called
the non-tribal allocation, for three
commercial whiting sectors; and setasides for research and bycatch. As in
prior years, the interim tribal allocation
is not intended to set a precedent for
future years. This action would be
implemented pursuant to the
rulemaking authority under the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) 304(b) (Regulations Deemed
Necessary by Council) and MSA section
305(d) (Secretarial authority), and the
Pacific Whiting Act of 2006. Pursuant to
MSA section 305(d), this action is
necessary to ensure that the Pacific
Coast Groundfish Fishery Management
Plan is implemented in a manner
consistent with treaty rights of four
treaty tribes to fish in their usual and
accustomed grounds and stations in
common with non-tribal citizens.
United States v. Washington, 384 F.
Supp. 313 (W.D. Wash. 1974). The
harvest specifications that would be
implemented by this action would be in
effect for the Pacific Whiting fishery that
opens May 01, 2024 through December
31, 2024.
22:02 Aug 15, 2024
07/00/24
FR Cite
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sarah Malloy, Acting
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:
sarah.malloy@noaa.gov.
RIN: 0648–BG04
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FR Cite
Jkt 262001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Quan,
Regional Administrator—West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562
980–4001, Email: jennifer.quan@
noaa.gov.
RIN: 0648–BM85
31. • 2025–2026 Harvest Specifications
and Management Measures for the
Pacific Coast Groundfish Fishery
[0648–BN08]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific
Fishery Management 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 2025–26 biennium, the Pacific
Fishery Management Council has
recommended: (1) Harvest
specifications, including overfishing
limits, acceptable biological catches,
and annual catch limits; and (2)
Management measures to achieve those
specifications. The specifications and
management measures that would be
established by this action would be in
effect from January 1, 2025, through
December 31, 2026. The National
Marine Fisheries Service (NMFS) would
implement this rulemaking under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq.
Timetable:
Action
Date
NPRM ..................
FR Cite
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Quan,
Regional Administrator—West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562
980–4001, Email: jennifer.quan@
noaa.gov.
RIN: 0648–BN08
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32. Notice of Proposed Rulemaking for
the Designation Pacific Remote Islands
National Marine Sanctuary [0648–
BM52]
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: NOAA’s Office of National
Marine Sanctuaries is developing a
proposed rule designating a national
marine sanctuary in the waters
surrounding the Pacific Remote Islands.
This proposed rule for designation
under the National Marine Sanctuaries
Act would supplement the existing
National Marine Monument and further
protect and conserve the natural
environment and cultural heritage of the
Pacific Remote Islands for future
generations.
Timetable:
Action
Notice ..................
Comment Period
End.
NPRM ..................
Date
04/18/23
06/02/23
FR Cite
88 FR 23624
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jessica Kondel,
Policy and Planning Division Chief,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1305 East West
Highway, Building SSMC4, Silver
Spring, MD 20910, Phone: 240 676–
4646.
RIN: 0648–BM52
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
33. Amendments to the North Atlantic
Right Whale Vessel Strike Reduction
Rule [0648–BI88]
Legal Authority: 16 U.S.C. 1361 et
seq.; 16 U.S.C. 1531 et seq.
Abstract: NMFS published a proposed
rule to amend the North Atlantic Right
Whale Vessel Strike Reduction Rule (per
50 CFR 224.105; 87 FR 46921, August 1,
2022). NMFS proposed this action to
further reduce the likelihood of
mortalities and serious injuries to
endangered right whales from vessel
collisions, which are a leading cause of
the species’ decline and a primary factor
in an ongoing Unusual Mortality Event.
The final rule will (1) modify the spatial
and temporal boundaries of current
speed restriction areas, currently
referred to as Seasonal Management
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Areas (SMAs), (2) include most vessels
greater than or equal to 35 ft (10.7 m)
and less than 65 ft (19.8 m) in length in
the vessel size class subject to speed
restriction, (3) create a Dynamic Speed
Zone framework to implement
mandatory speed restrictions when
whales are known to be present outside
active SMAs, and (4) update the speed
rule’s safety deviation provision. The
final amendments to current speed
regulations reduce vessel strike risk
based on a coast wide collision
mortality risk assessment and updated
information on right whale distribution,
vessel traffic patterns, and vessel strike
mortality and serious injury events.
NMFS solicited public comment on the
proposed action and received over
90,000 public comments. The agency
plans to take final action on the final
rule in 2024.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extension.
NPRM Comment
Period Extension End.
Final Action .........
FR Cite
08/01/22
09/30/22
87 FR 46921
09/16/22
87 FR 56925
10/31/22
11/00/24
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BI88
34. Designation of Critical Habitat for
Threatened Indo-Pacific Reef-Building
Corals [0648–BJ52]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On November 27, 2020, we,
NMFS, published in the Federal
Register a proposal to designate 17
island units of critical habitat in the
Pacific Islands Region for 7 Indo-Pacific
coral species listed under the
Endangered Species Act (ESA). Based
on public comments and new
information regarding the interpretation
of the records of the listed corals and
application to critical habitat, a
substantial revision of the proposed rule
is warranted. Accordingly, we withdrew
the 2020 proposed rule and published a
new proposed rule. We proposed to
designate critical habitat for five of the
seven coral species that were addressed
VerDate Sep<11>2014
22:02 Aug 15, 2024
Jkt 262001
in the 2020 proposed rule: Acropora
globiceps, Acropora retusa, Acropora
speciosa, Euphyllia paradivisa, and
Isopora crateriformis. Proposed critical
habitat includes 16 island units
encompassing approximately 251 square
kilometers (km2; 97 square miles, mi2)
of marine habitat. In the development of
the proposed rule, NMFS considered
economic, national security, and other
relevant impacts of the proposed
designations, but we are not excluding
any areas from the critical habitat
designations due to anticipated impacts.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Second NPRM
Comment Period Extended.
Second Extended
Comment Period End.
Third NPRM
Comment Period Extended.
Third NPRM
Comment Period Extended
End.
Second NPRM ....
Second NPRM
Comment Period End.
Public Hearing .....
Final Action .........
FR Cite
11/27/20
01/26/21
85 FR 76262
12/23/20
85 FR 83899
02/25/21
02/09/21
86 FR 8749
03/27/21
03/29/21
86 FR 16325
05/26/21
11/30/23
02/28/24
88 FR 83644
12/22/23
12/00/24
88 FR 88587
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BJ52
35. Establishment of Time-Area
Closures for Hawaiian Spinner
Dolphins Under The Marine Mammal
Protection Act [0648–BK04]
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This action under the
Marine Mammal Protection Act
(MMPA) will establish mandatory timearea closures of Hawaiian spinner
dolphins’ essential daytime habitats at
five selected sites in the Main Hawaiian
Islands (MHI). In considering public
comments in response to a separate
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proposed rule related to spinner
dolphin interactions (81 FR 57854),
NMFS intends these regulatory
measures to prevent take of Hawaiian
spinner dolphins from occurring in
inshore marine areas at essential
daytime habitats, and where high levels
of disturbance from human activities are
most prevalent.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
09/28/21
12/27/21
FR Cite
86 FR 53844
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BK04
36. Designation of Marine Critical
Habitat for Six Distinct Population
Segments of Green Sea Turtles Under
the Endangered Species Act [0648–
BL82]
Legal Authority: 16 U.S.C. 1533
Abstract: In 2012, NMFS and U.S.
Fish and Wildlife Service (USFWS;
collectively, the Services) were
petitioned to identify and list distinct
population segments (DPSs) of green sea
turtles under section 4 of the
Endangered Species Act (ESA; 16 U.S.C.
1533). In 2016, the Services listed six
DPSs of green sea turtles occurring in
U.S. waters, which triggered the
requirement, under ESA section 4, to
designate critical habitat to the
maximum extent prudent and
determinable for those DPSs. The
Services did not do so within the
statutory deadline, and subsequently
entered into a settlement agreement to
submit to the Office of the Federal
Register for publication a proposed
determination concerning the
designation of critical habitat for the six
DPSs by June 30, 2023. The rule will
designate critical habitat containing
reproductive, migratory, foraging and
resting features in waters from 0 to 20
m depth. The economic impact will
affect Federal agencies, who are
required under section 7 of the ESA to
consult with the Services on their
actions that may affect listed species
and designated critical habitat. NMFS is
working with the Department of Defense
and Department of Homeland Security
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to review potential national security
impacts. Regarding Broadening Public
Participation and Community
Engagement in the Regulatory Process,
we provided six (3 virtual, 3 in-person)
public hearings. We had Spanish at 2
virtual public hearings. Samoan,
Chamorro, or Carolinian cultural
liaisons are providing facilitation and
translation at the 3 in-person public
hearings. This is part of a pilot project
meant to address requests made during
the public comment period for NMFS’
Equity and Environmental Justice
Strategy.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
07/19/23
10/17/23
FR Cite
88 FR 46572
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BL82
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37. Designation of Critical Habitat for
Rice’s Whale Under the Endangered
Species Act [0648–BL86]
Legal Authority: 16 U.S.C. 1533; 16
U.S.C. 1532
Abstract: Gulf of Mexico Bryde’s
whales (Balaenoptera edeni) were listed
as endangered under the Endangered
Species Act (ESA) by the National
Marine Fisheries Service (NMFS)
effective April 15, 2019 (84 FR 15446).
On October 22, 2021, NMFS published
a final rule that revised the listing of
Gulf of Mexico Bryde’s whales to reflect
the scientifically accepted taxonomy
and nomenclature of the species (86 FR
47022). The revised common name for
this species is Rice’s whale and the
scientific name is Balaenoptera ricei.
The ESA requires that critical habitat be
designated to the maximum extent
prudent and determinable at the time a
species is listed (16 U.S.C. 1533(a)(3)(i)).
NMFS concluded that critical habitat
was not yet determinable for the Rice’s
whale at the time of listing. However,
NMFS indicated that they anticipated
critical habitat would be determinable
in the future given on-going research.
NMFS, therefore, announced in the final
listing rule that they would propose
critical habitat in a separate rulemaking.
This rule finalizes designation of critical
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habitat for the endangered Rice’s whale
as one specific area within the Gulf of
Mexico that extends from the TexasMexico border in the west to the Florida
Keys in the east and lies between the
100m and 400m isobaths. NMFS will
consult with the Department of Defense
to assess any potential national security
impacts as a result of the critical habitat
designation.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extension.
Final Action .........
FR Cite
07/24/23
09/22/23
88 FR 47453
10/06/23
88 FR 62522
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BL86
38. • Framework Adjustment 66 to the
Northeast Multispecies Fishery
Management Plan [0648–BM71]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The final action implements
management measures included in
Framework Adjustment 66 to the
Northeast Multispecies Fishery
Management Plan (Framework 66) that
were developed by the New England
Fishery Management Council in
response to new scientific information,
pursuant to the rulemaking authorities
under section 303(c) of the MagnusonStevens Fishery Conservation and
Management Act. This action sets
annual specifications for fishing years
(FY) 2024–2026 for three Northeast
multispecies stocks, FY 2024–2025 for
three other multispecies stocks;
specifies FY 2024–2025 total allowable
catches (TAC) for the three U.S./Canada
stocks; and modify the trigger for
Atlantic halibut accountability
measures.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
03/22/24
04/08/24
FR Cite
89 FR 20412
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
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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, Email: michael.pentony@
noaa.gov.
RIN: 0648–BM71
39. Atlantic Highly Migratory Species;
Research and Data Collection in
Support of Spatial Fisheries
Management [0648–BI10]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule addresses
conducting research in areas currently
closed to fishing for Atlantic highly
migratory species (HMS)—during
various times or by certain gear—to
collect fishery-dependent data. A
number of time/area closures or gearrestricted areas have been implemented
over the years through various
rulemakings, limiting fishing for
Atlantic highly migratory species in
those areas for a variety of reasons
including reducing bycatch. These
time/area closures have been
implemented in consultation with the
HMS Advisory Panel to protect species
consistent with the Magnuson-Stevens
Fisheries Conservation and Management
Act (e.g., to reduce bycatch in the
pelagic longline fishery off the east coast
of Florida), the Endangered Species Act
(e.g., to protect sea turtles in the North
Atlantic), and the Atlantic Tunas
Convention Act (e.g., to protect
spawning bluefin tuna in the Gulf of
Mexico). Fishery-dependent data
supports effective fisheries
management, and areas that restrict
fishing effort often have a
commensurate decrease in fisherydependent data collection. Programs to
facilitate research and data collection,
such as those that would be covered by
this rule, could assess the efficacy of
closed areas, improve sustainable
management of highly migratory
species, and may provide benefits to
commercial and recreational fishermen.
The Agency’s final actions for this rule
are based in part on feedback and public
comments on the proposed rule and
draft environmental impact statement,
regulatory impact review (RIR), and
initial regulatory flexibility analysis
(IRFA). The comment period ended in
October 2023. The comments received
to date provide helpful feedback on the
potential issues and ways forward.
Timetable:
Action
NPRM ..................
E:\FR\FM\16AUP4.SGM
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Date
05/05/23
FR Cite
88 FR 29050
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
Action
Date
NPRM Comment
Period Extension.
NPRM Comment
Period End.
NPRM Comment
Period Extension End.
Final Action .........
09/08/23
FR Cite
Action
88 FR 62044
NPRM Comment
Period End.
Final Action .........
10/02/23
07/00/24
lotter on DSK11XQN23PROD with PROPOSALS4
40. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Fishing Effort Limits
in Purse Seine Fisheries [0648–BL25]
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: Under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act (16
U.S.C. 6901 et seq.), NMFS is
implementing fishing effort limits for
the U.S. purse seine fishery operating in
the western and central Pacific Ocean
(WCPO). Regulations at 50 CFR
300.223(a) currently limit U.S. WCPO
purse seine fishing effort in a combined
area of the high seas and U.S. exclusive
economic zone (EEZ). Based on recent
decisions of the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, this
rule implements separate U.S. WCPO
purse seine fishing effort limits for the
high seas and U.S. EEZ. This rule could
have some economic effects on U.S.
purse seine vessels, as the separate
effort limits would reduce the
operational flexibility provided by the
combined effort limits. This rule could
also have some economic effects on
American Samoa, as the separate limits
could lead to a fishery closure earlier in
the year than under the combined
limits, which could reduce fish supply
to the cannery based in American
Samoa. Other elements of this rule
include modifications to the process for
closing the fishery once an effort limit
is reached, and modifications to the
procedures for obtaining daily purse
seine fishing effort reports.
Timetable:
Date
NPRM ..................
VerDate Sep<11>2014
FR Cite
10/03/22
shrimp and abalone from the point of
production to entry into commerce.
Timetable:
10/00/24
Action
Date
FR Cite
09/15/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BI10
Action
Date
66789
09/12/22
22:02 Aug 15, 2024
FR Cite
87 FR 55768
Jkt 262001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Sarah Malloy, Acting
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:
sarah.malloy@noaa.gov.
RIN: 0648–BL25
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
41. Magnuson-Stevens Fisheries
Conservation and Management Act;
Traceability Information Program for
Seafood [0648–BH87]
Legal Authority: 16 U.S.C. 1801 et
seq.; Pub. L. 115–141
Abstract: On December 9, 2016,
NMFS issued a final rule that
established a risk-based traceability
program to track seafood from harvest to
entry into U.S. commerce. The final rule
included, for designated priority fish
species, import permitting and reporting
requirements to provide for traceability
of seafood products offered for entry
into the U.S. supply chain, and to
ensure that these products were
lawfully acquired and are properly
represented. Shrimp and abalone
products were included in the final rule
to implement the Seafood Import
Monitoring Program, but compliance
with Seafood Import Monitoring
Program requirements for those species
was stayed indefinitely due to the
disparity between Federal reporting
programs for domestic aquaculture of
shrimp and abalone products relative to
the requirements that would apply to
imports under Seafood Import
Monitoring Program. In section 539 of
the Consolidated Appropriations Act,
2018, Congress mandated lifting the stay
on inclusion of shrimp and abalone in
Seafood Import Monitoring Program and
authorized the Secretary of Commerce
to require comparable reporting and
recordkeeping requirements for
domestic aquaculture of shrimp and
abalone. This rulemaking will establish
permitting, reporting and recordkeeping
requirements for domestic producers of
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NPRM ..................
NPRM Comment
Period End.
Final Action .........
10/11/18
11/26/18
83 FR 51426
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Phone:
301 427–8286, Email: alexa.cole@
noaa.gov.
RIN: 0648–BH87
42. Seafood Import Permitting and
Reporting Procedures [0648–BK85]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS amends the
regulations that require seafood import
documentation under the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et
seq.). The statute prohibits the
importation of seafood that was
harvested in violation of foreign laws,
any treaty, or binding conservation
measures of regional fisheries
organizations to which the United States
is a party. The import permitting,
reporting and recordkeeping regulations
facilitate enforcement of the statutory
prohibition. To ensure compliance with
the import monitoring program, NMFS
clarifies what qualifies as the U.S.
resident business address of the
International Fisheries Trade Permit
holder and the permit holder’s
obligation to ensure timely access to and
production of the required supply chain
records in the event of an audit NMFS
also intends to include additional
species under the program, such as
expanding currently listed singlespecies to species groups and adding
new species. U.S. seafood importers are
likely to be affected by this rulemaking
through increased reporting and
recordkeeping requirements, but NOAA
estimates the economic impact will be
small because documentation is already
completed, transmitted through the
supply chain, and available to
importers.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extension.
NPRM Comment
Period Extension End.
E:\FR\FM\16AUP4.SGM
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Date
FR Cite
12/28/22
03/28/23
87 FR 79836
03/31/23
88 FR 19236
04/27/23
66790
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
Action
Date
NPRM; Withdrawn
Next Action Undetermined.
11/16/23
FR Cite
Action
88 FR 78714
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Action Effective.
Final Action .........
Final Action Effective.
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Phone:
301 427–8286, Email: alexa.cole@
noaa.gov.
RIN: 0648–BK85
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Completed Actions
lotter on DSK11XQN23PROD with PROPOSALS4
43. Designation of Critical Habitat for
the Threatened Caribbean Corals
[0648–BG26]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean
corals as threatened under the
Endangered Species Act on October 10,
2014. Critical habitat shall be designated
to the maximum extent prudent and
determinable at the time a species is
proposed for listing (50 CFR 424.12). We
concluded that critical habitat was not
determinable for the 5 corals at the time
of listing. However, we anticipated that
critical habitat would be determinable
in the future given on-going research.
We, therefore, announced in the final
listing rules that we would propose
critical habitat in separate rulemakings.
This rule proposes to designate critical
habitat for the 5 Caribbean coral species
listed in 2014. A separate proposed
critical habitat rule is being prepared for
the 15 Indo-Pacific corals listed as
threatened in 2014. The proposed
designation for the Caribbean corals
may include marine waters in Florida,
Puerto Rico, US Virgin Islands, Navassa
Island, and Flower Garden Banks
containing essential features that
support all stages of life history of the
corals. The proposed rule is not likely
to have an annual effect on the economy
of $100 million or more or adversely
affect the economy. NMFS has
contacted the Departments of the Navy,
Air Force, and Army as well as the U.S.
Coast Guard requesting information
related to potential national security
impacts that may result from the critical
habitat designation. Based on
information provided, we concluded
that there will be an impact on national
security in only 1 area offshore Dania
Beach, FL, and will propose to exclude
it from the designations.
Timetable:
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22:02 Aug 15, 2024
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Date
FR Cite
Action
11/27/20
01/26/21
85 FR 76302
08/09/23
09/08/23
88 FR 54026
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
03/19/24
03/19/24
89 FR 19511
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BG26
44. Designation of Critical Habitat for
Nassau Grouper Under the Endangered
Species Act [0648–BL53]
Legal Authority: 16 U.S.C. 1533
Abstract: This rulemaking will
designate critical habitat for the
threatened Nassau grouper pursuant to
section 4 of the Endangered Species Act
(ESA). Specific occupied areas under
consideration as critical habitat for this
species include approximately 2,352.27
sq. kilometers (908.22 sq. miles) of
marine habitat located in waters off
southeastern coast of Florida, Puerto
Rico, Navassa, and the United States
Virgin Islands (USVI). For this critical
habitat designation, the incremental
costs of the rule are anticipated to be
limited to the additional administrative
effort required for section 7
consultations to consider impacts to the
critical habitat. We have contacted the
Departments of the Navy, Air Force, and
Army as well as the U.S. Coast Guard
requesting information related to
potential national security impacts that
may result from the critical habitat
designation. Based on information they
provided, national security impacts are
not expected to arise as a result of this
rule. NMFS also contacted the
Department of Defense (DoD) to
determine if any areas controlled by the
DoD coincide with any of the areas
under consideration for critical habitat,
and none were found that would result
in not designating critical habitat
pursuant to section 4(a)(3)(B)(i) of the
ESA. This rule is consistent with
existing critical habitat regulations in
the application of the ESA.
Timetable:
Action
Date
NPRM ..................
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Date
FR Cite
12/16/22
01/02/24
02/01/24
89 FR 126
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BL53
45. Atlantic Large Whale Take
Reduction Plan Modifications To
Reduce Serious Injury and Mortality of
Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast
[0648–BM31]
Legal Authority: 16 U.S.C. 1387
Abstract: The National Marine
Fisheries Service (NMFS) is proposing a
rule under the Atlantic Large Whale
Take Reduction Plan (ALWTRP or Plan)
to reduce the risk of North Atlantic right
whale entanglement in commercial
trap/pot fisheries along the U.S. East
Coast. The proposed rule would modify
the boundaries of the Massachusetts
Restricted Area (MRA) to include a 200
square miles area known as the MRA
Wedge to fill a gap in protections that
occurs during the implementation of the
current closure in Federal waters from
February through April every year. This
small gap area was inadvertently created
by a 2021 modification to an existing
MRA seasonal closure to buoy lines
which mirrored a state water closure
enacted by Massachusetts in early 2021.
The resultant gap within the MRA
created an opportunity for federally
permitted vessels to fish or store buoyed
trap gear in the MRA Wedge at great risk
of incidental mortality and serious
injury of North Atlantic right whales
that are seasonally abundant in
surrounding waters. Empirical gear and
whale sightings collected during aerial
surveys of the MRA Wedge during
February–April demonstrate the high
entanglement risk to right whales in this
area. No novel management measures or
policies are proposed; this Wedge area
was closed through emergency
rulemaking in 2021 and 2022, and this
rule proposes to permanently
implement a small expansion of an
existing three-month seasonal
restriction to fishing with buoy lines.
Timetable:
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Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
09/18/23
10/18/23
88 FR 63917
02/07/24
03/08/24
89 FR 8333
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BM31
lotter on DSK11XQN23PROD with PROPOSALS4
46. Amendment 123 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area; Halibut AbundanceBased Management of Amendment 80
Prohibited Species Catch Limit [0648–
BL42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council (Council),
this proposed action would implement
Amendment 123 to the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
Management Area (BSAI). If approved
by the Secretary of Commerce and
implemented by NMFS, this action
would determine the BSAI Amendment
80 commercial groundfish trawl fleet’s
(A80) halibut prohibited species catch
(PSC) limit annually based on the most
recent values from surveys conducted
by the Alaska Fisheries Science Center
and the International Pacific Halibut
Commission (IPHC). The Council’s
intent in recommending Amendment
123 is to link annual halibut PSC limits
in the A80 fleet with estimated halibut
abundance. The reason for the change
being considered is that the current PSC
limit, currently set as a fixed annual
amount of 1,745 mt, becomes an
increasingly larger proportion of total
halibut removals in the BSAI when
halibut abundance declines. Over the
last 6 years, the Council and its advisory
bodies, stakeholders, and the public
have considered several approaches for
a halibut abundance-based management
(ABM) program consistent with Council
fishery management objectives and the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). Public testimony on this action
over the years has focused on two
primary concerns. The first is the
importance of providing flexibility to
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the A80 fleet to prosecute their quotas.
The second is concern about the decline
in the directed halibut fishery catch as
a result of a decline in halibut
abundance, compounded by fixed PSC
limits that further reduce the proportion
of halibut available to the directed
halibut fisheries.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
12/09/22
01/23/23
87 FR 75570
11/24/23
01/01/24
88 FR 82740
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BL42
47. Rulemaking To Modify the 2023–
2027 Halibut Individual Fishing Quota
(IFQ) Vessel Harvest Limitations in IFQ
Regulatory Areas 4A, 4B, 4C, and 4D
[0648–BM18]
Legal Authority: 16 U.S.C. 773
Abstract: Commercial halibut fishing
off the coast of Alaska is managed under
an Individual Fishing Quota (IFQ)
program implemented by Federal
regulations under the authority of the
Northern Pacific Halibut Act of 1982, 16
U.S.C. 773 et seq. On February 10, 2023,
the North Pacific Fishery Management
Council (Council) recommended to
temporarily remove IFQ halibut vessel
caps for the 2023–2027 fishing years in
IFQ regulatory areas 4A (Eastern
Aleutian Islands), 4B (Central and
Western Aleutian Islands), 4C (Central
Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide
continued flexibility and consistency in
the Pacific halibut fishery. This action
would implement the temporary
management measure that has been
recommended by the Council and
implemented by NMFS annually since
2020 for a 5-year period. This action
would revise 50 CFR 679.42(h)(1) to
remove vessels caps in those four areas
for the 2023–2027 fishing year. This
temporary action would provide
consistency for fishery participants over
the next five years, while the Council
develops a long-term solution to modify
vessel use caps in Area 4. Halibut IFQ
holders with quota share in those four
areas would be affected by this action,
as well as Community Quota Entities in
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66791
area 4B. This action would not modify
any other aspects of the IFQ Program.
Section 773c(c) of the Northern Pacific
Halibut Act is the rulemaking authority.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
05/11/23
06/12/23
88 FR 30272
07/26/23
07/26/23
88 FR 48137
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BM18
48. Amendment 16 to the Fishery
Management Plan for the Salmon
Fisheries in the EEZ Off Alaska; Cook
Inlet [0648–BM42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action (Amendment 16)
incorporates the Cook Inlet EEZ into the
Alaska Salmon FMP, thereby bringing
the Cook Inlet EEZ and the salmon
fisheries that occur within it under
Federal management by the North
Pacific Fishery Management Council
(Council) and NMFS. Previously, the
Cook Inlet EEZ was not included in a
Federal fishery management plan
(FMP), deferring management to the
State of Alaska (State). Commercial
fishermen challenged this as
inconsistent with the Magnuson-Stevens
Act (MSA). Ultimately, the Ninth
Circuit held that the Cook Inlet EEZ
must be included in an FMP. The
Council previously took action to
address this issue in 2020 and NMFS
implemented their recommendation as
Amendment 14, which closed the
Federal area to commercial salmon
fishing. Amendment 14 was challenged
by commercial fishermen and vacated.
A new amendment addressing the area
must be promulgated by May 1, 2024.
Four management alternatives were
considered: (1) no action, (2) delegating
management authority to the State
consistent with the MSA, (3) Federal
management, and (4) Federal
management that closes the area to
commercial salmon fishing. Alternatives
1 and 4 were not viable given the court
rulings, and the State would not accept
delegated management. This left
Alternative 3 as the only viable
alternative. However, the Council did
not take action and, NMFS must now
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take action through a Secretarial FMP
amendment pursuant to MSA section
304(c) to meet the court’s deadline.
NMFS implements Alternative 3 to
federally manage all salmon fishing in
the Cook Inlet EEZ. Federal
management may reduce commercial
salmon harvest in the EEZ area as a
result of increased scientific and
management uncertainty. Additional
litigation is expected from commercial
fishermen. NMFS developed the
elements of this rule with input from
the public during two North Pacific
Fishery Management Council meetings,
a virtual public hearing, and multiple
meetings and consultations with Tribal
entities.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Correction ............
Correction Effective.
FR Cite
10/19/23
12/18/23
88 FR 72314
04/30/24
05/30/24
89 FR 34718
05/29/24
05/30/24
89 FR 46333
lotter on DSK11XQN23PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BM42
49. Framework Adjustment 65 to the
Northeast Multispecies Fishery
Management Plan [0648–BL95]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would
implement management measures
included in Framework Adjustment 65
to the Northeast Multispecies Fishery
Management Plan (Framework 65) that
were developed by the New England
Fishery Management Council in
response to new scientific information,
pursuant to the rulemaking authorities
under section 303(c) of the MagnusonStevens Fishery Conservation and
Management Act. The action will revise
the rebuilding plan for Gulf of Maine
(GOM) cod, set annual specifications for
fishing years (FY) 2023–2025 for 13
Northeast multispecies stocks, FY2023–
2024 for Georges Bank (GB) cod, GB
yellowtail flounder, FY2023 for white
hake, and specify FY 2023–2024 total
allowable catches (TAC) for the three
U.S./Canada stocks eastern GB cod,
eastern GB haddock, and GB yellowtail
flounder. It would also make a
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22:02 Aug 15, 2024
Jkt 262001
temporarily modification to the
accountability measures for GB cod.
This rule also takes emergency action
using our authority under Section 305(c)
of the Magnuson-Stevens Fishery
Conservation and Management Act to
increase the fishing year 2023
specifications for Gulf of Maine (GOM)
haddock. The purpose of this emergency
action is to mitigate economic harm to
industry by increasing the 2023 GOM
haddock specifications.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Comment Period
End.
Final Action Effective.
Temporary Rule
Extension.
Temporary Rule
Extension End.
FR Cite
05/31/23
06/15/23
88 FR 34810
08/18/23
09/18/23
88 FR 56527
09/18/23
01/09/24
89 FR 1036
04/30/24
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, Email: michael.pentony@
noaa.gov.
RIN: 0648–BL95
50. • Framework Adjustment 38 to the
Atlantic Sea Scallop Fishery
Management Plan [0648–BM78]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: At its December 2023
meeting, the New England Fishery
Management Council voted to submit
Framework 38 to NOAA’s National
Marine Fisheries Service (NMFS).
Pursuant to section 304(a) of the
Magnuson-Stevens Fishery
Conservation and Management Act,
NMFS is drafting a proposed rule to
approve and implement Framework 38.
Framework 38 is a time-sensitive action
that would set annual specifications for
the Atlantic sea scallop fleet for the
2024 fishing year, including the annual
catch limits for the limited access and
limited access general category fleets, as
well as days-at-sea allocations and sea
scallop access area trip allocations.
Framework 38 would implement
specifications that would result in
projected landings of 27.4 million lb, a
2.4 million-lb increase from the fishing
year 2023 projected landings. However,
during the development of Framework
38 current price information was added
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to the price projection model resulting
in a decrease in the projected price for
scallops in the 2024 fishing year. As a
result, despite the increase in projected
landings, it is predicted that there will
be a decrease in total economic benefits
in fishing year 2024. This is due
primarily to a decrease in the projected
price for scallops, specifically of U–10
scallops (larger scallops that had
previously commanded a higher price)
and not a result of additional
regulations or requirements that would
be implemented by Framework 38.
Because of this, the economic impacts of
the Framework 38 fishery specifications
are expected to be negative for scallop
vessels and small business entities
compared to fishing year 2023. The
increase in projected landings and the
reduction in projected price is projected
to result in a decrease in total economic
benefits of $19.62 million using 2023.
This is a time-sensitive regulatory action
that sets annual catch limits for the
Atlantic Sea Scallop Fishery
Management Plan. This action is routine
and needed to fully open the scallop
fishery for the 2024 fishing year,
beginning April 1, 2024. Framework 38
was developed by the Council with
input from the scallop industry
throughout its development. The
increase in projected landings that
Framework 38 would implement is
expected by and supported by the
industry. The specifications in this rule
would only be in place for one year. If
this action is delayed, opening the
Scallop fishery by April 1, 2024, would
require NMFS to implement default
measures which are less preferable to
industry and resource managers. The
default measures would create
confusion among the fleet because
NMFS would be required to implement
two different sets of measures that
would change mid-season. The default
measures could also have detrimental
impacts to the conservation of
important, but sensitive, scallop
resources and could exacerbate the
impact of the reduction in economic
benefits to the scallop industry. They
could also lead to reductions in future
scallop harvests.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
02/12/24
02/27/24
89 FR 9819
03/22/24
04/22/24
89 FR 20341
Regulatory Flexibility Analysis
Required: Yes.
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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, Email: michael.pentony@
noaa.gov.
RIN: 0648–BM78
51. Atlantic Highly Migratory Species;
Prohibiting Retention of Oceanic
Whitetip Sharks in U.S. Atlantic Waters
and Hammerhead Sharks in the
Caribbean Sea [0648–BK54]
Legal Authority: 16 U.S.C. 971 et seq.;
16 U.S.C. 1801 et seq.
Abstract: Atlantic highly migratory
species (HMS) fisheries are managed
under the dual authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and the
Atlantic Tunas Convention Act (ATCA).
On May 15, 2020, NOAA Fisheries
issued two Biological Opinions (BiOps)
under Section 7(a)(2) of the Endangered
Species Act (ESA). These BiOps covered
the pelagic longline fishery for Atlantic
HMS and the non-pelagic longline HMS
fisheries, as managed under the 2006
Consolidated Atlantic HMS Fishery
Management Plan (FMP) and its
amendments. The BiOps concluded that
the fisheries are not likely to jeopardize
the continued existence of listed species
nor adversely affect their designated
critical habitat. The BiOps included
conservation recommendations under
Section 7(a)(1) of the ESA. These
conservation recommendations
encouraged the prohibition of the
commercial and recreational retention
of both scalloped hammerhead sharks
(specifically in the Southwest and
Caribbean distinct population segments)
and oceanic whitetip sharks, both of
which are listed as threatened under the
ESA. As a result, this action considers
implementing this conservation
recommendation. Under existing
regulations, retention and possession of
oceanic whitetip and all hammerhead
sharks are prohibited for commercial
fishermen using pelagic longline gear;
this action would extend the prohibition
to commercial shark permit holders
using other gears and to recreational
permit holders who target or catch
sharks. This action is being taken
pursuant to the rulemaking authority
under the Magnuson-Stevens Act, sec.
304(g), and ATCA. The Agency’s final
actions for this rule will be based in part
on public comments on the proposed
rule and draft environmental
assessment, RIR, and IRFA. The
comments received were generally
supportive of the proposed action; some
VerDate Sep<11>2014
22:02 Aug 15, 2024
Jkt 262001
commenters requested additional
protections for scalloped hammerhead
sharks.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
03/22/23
05/22/23
88 FR 17171
01/03/24
02/02/24
89 FR 278
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BK54
52. • Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna General Category
Restricted-Fishing Days; Atlantic
Bluefin Tuna Regulatory Clarifications
[0648–BM66]
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic tunas are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq.,
and the Atlantic Tunas Convention Act
(ATCA), id. 971 et seq. Consistent with
the existing regulations at 50 CFR
635.23(a), NOAA Fisheries uses
restricted-fishing days (RFDs, see
definition at 635.2) to extend fishing
opportunities for bluefin tuna General
category participants through a greater
portion of the category’s subquota timeperiods while also ensuring the bluefin
tuna quota is harvested. This action
codifies a schedule of restricted-fishing
days (RFDs) for the 2024 fishing year
and future fishing years; and clarifies
the existing regulations, including on
the General category default retention
limit for bluefin tuna, the process of
scheduling RFDs, and bluefin tuna
dealer tag application on RFDs. In 2021,
bluefin tuna landed under the General
category quota brought in $10.2 million
in ex-vessel revenues. This action does
not change the amount of bluefin tuna
that can be landed under an RFD
schedule.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
PO 00000
Frm 00015
FR Cite
02/23/24
03/25/24
89 FR 13667
05/31/24
89 FR 47095
Fmt 4701
Sfmt 4702
Action
Final Action Effective.
Date
66793
FR Cite
07/01/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BM66
53. Amendment 51 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (Amendment 51) [0648–BM03]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is developing a final
rule to implement Amendment 51.
Amendment 51 and the rule will modify
management of South Atlantic snowy
grouper. Actions will revise annual
catch limits, sector allocations, and the
fishing season and accountability
measures for the recreational sector.
Amendment 51 and the rule will end
overfishing of South Atlantic snowy
grouper, continue to rebuild the stock,
and achieve optimum yield while
minimizing, to the extent practicable,
adverse social and economic effects.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
05/30/23
06/29/23
88 FR 34460
12/01/23
01/02/24
88 FR 83860
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew J.
Strelcheck, Regional Administrator,
Southeast Region, Department of
Commerce, National Oceanic and
Atmospheric Administration, 263 13th
Avenue South, St. Petersburg, FL 33701,
Phone: 727 824–5305, Email:
andy.strelcheck@noaa.gov.
RIN: 0648–BM03
54. Amendment 56 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico:
Modifications to Catch Limits, Sector
Allocation, and Recreational Fishing
Seasons for Gulf of Mexico Gag [0648–
BM46]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Reef Fish Amendment 56
and the rule would modify the status
determination criteria, optimum yield,
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sector catch limits and catch targets and
establish a rebuilding timeline for Gulf
gag based on the most recent stock
assessment (Southeast Data Assessment
and Review (SEDAR) 72) and
recommendations from the Gulf of
Mexico Fishery Management Council’s
Scientific and Statistical Committee.
The amendment and rule also modify
the recreational accountability measures
and fishing season. The stock
assessment indicated that Gulf gag is
overfished and was undergoing
overfishing as of 2019, and that a
substantial reduction in the total
allowable harvest is necessary to rebuild
the stock. The amendment and final rule
also modify the allocation between the
commercial and recreational sectors
using adjusted recreational landings
estimates. The need for this action is to
use the best scientific information
available to end overfishing of Gulf gag
and rebuild the stock to a level
commensurate with maximum
sustainable yield, consistent with the
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Correction ............
Correction Effective.
FR Cite
10/18/23
12/18/23
88 FR 71812
05/10/24
06/01/24
89 FR 40419
05/29/24
06/01/24
89 FR 46333
lotter on DSK11XQN23PROD with PROPOSALS4
22:02 Aug 15, 2024
Patent and Trademark Office (PTO)
Final Rule Stage
55. Setting and Adjusting Patent Fees
During Fiscal Year 2025 [0651–AD64]
Legal Authority: Pub. L. 112–29
Abstract: The United States Patent
and Trademark Office (USPTO or
Office) takes this action to set and adjust
Patent fee amounts to provide the Office
with a sufficient aggregate revenue to
recover its aggregate cost of operations
thereby maintaining a sustainable
funding model. The new fee amounts
will provide the Office with additional
resources to decrease patent pendency
and ensure robust and reliable patents
are allowed while continuing to
promote access to the patent system for
underresourced individuals. This
proposal reflects feedback we have
received from members of the Patent
Public Advisory Committee and the
public, including organizations,
practitioners, and independent
inventors, during a public hearing held
on May 18, 2023. As we develop this
regulation, we will be seeking
additional public comment through the
rulemaking process.
Timetable:
Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew J.
Strelcheck, Regional Administrator,
Southeast Region, Department of
Commerce, National Oceanic and
Atmospheric Administration, 263 13th
Avenue South, St. Petersburg, FL 33701,
Phone: 727 824–5305, Email:
andy.strelcheck@noaa.gov.
RIN: 0648–BM46
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE (DOC)
Jkt 262001
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
04/03/24
06/03/24
FR Cite
89 FR 23226
11/00/24
03/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brendan Hourigan,
Director, Office of Planning and Budget,
Department of Commerce, Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450, Phone: 571
272–8966, Fax: 571 273–8966, Email:
brendan.hourigan@uspto.gov.
RIN: 0651–AD64
PO 00000
Frm 00016
Fmt 4701
Sfmt 9990
56. Setting and Adjusting Trademark
Fees During Fiscal Year 2025 [0651–
AD65]
Legal Authority: Pub. L. 112–29
Abstract: The United States Patent
and Trademark Office (USPTO or
Office) takes this action to set and adjust
Trademark fee amounts to provide the
Office with a sufficient aggregate
revenue to recover its aggregate cost of
operations thereby maintaining a
sustainable funding model. The new fee
amounts will provide the Office with
additional resources to ensure the
integrity of the Trademark register and
promote efficiency of processes while
continuing to offer affordable options to
stakeholders. This proposal reflects
feedback we have received from
members of the Trademark Public
Advisory Committee and the public,
including organizations, practitioners,
and small business owners, during a
public hearing held on June 5, 2023. As
we develop this regulation, we will be
seeking additional public comment
through the rulemaking process.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
03/26/24
05/28/24
FR Cite
89 FR 20897
09/00/24
01/00/25
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brendan Hourigan,
Director, Office of Planning and Budget,
Department of Commerce, Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450, Phone: 571
272–8966, Fax: 571 273–8966, Email:
brendan.hourigan@uspto.gov.
RIN: 0651–AD65
[FR Doc. 2024–16446 Filed 8–15–24; 8:45 am]
BILLING CODE 3410–12–P
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66780-66794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16446]
[[Page 66779]]
Vol. 89
Friday,
No. 159
August 16, 2024
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
Reg Flex Agenda
[[Page 66780]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Spring 2024 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 pre-rulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the publication of the Fall 2023 Unified Agenda.
The purpose of the Agenda is to provide information to the public
on regulations that are currently under review, being proposed, or
recently issued by Commerce. It is expected that this information will
enable the public to participate more effectively in Commerce's
regulatory process.
Commerce's Spring 2024 Unified Agenda includes regulatory
activities that are expected to be conducted during the period July 1,
2024, through June 31, 2024.
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 Candida Harty, Chief Counsel for Regulation,
Office of the Assistant General Counsel for Legislation and Regulation,
U.S. Department of Commerce, Washington, DC 20230, telephone: 202-482-
3410.
SUPPLEMENTARY INFORMATION: Commerce hereby publishes its Spring 2024
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. By memorandum
of February 20, 2024, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
Spring 2024 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.
The internet is 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.
A list of Commerce's most important significant regulatory and
deregulatory actions and a Statement of Regulatory Priorities are
included only in the fall editions of the Unified Agendas and, thus, do
not appear in the Spring 2024 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. In addition to regulations promulgated by NOAA, BIS, and
PTO, this issue also includes regulations to be promulgated by, or that
have been published and completed since the Fall 2023 Unified Agenda
by, the International Trade Administration (ITA), the U.S. Census
Bureau (CENSUS), the National Institute of Standards and Technology
(NIST), the National Telecommunications and Information Administration
(NTIA), the U.S. Economic Development Administration (EDA), and the
Office of the Secretary (OS).
Commerce's Spring 2024 Unified Agenda follows.
Leslie Kiernan,
General Counsel.
General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
18........................ Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
------------------------------------------------------------------------
General Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
19........................ Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
------------------------------------------------------------------------
[[Page 66781]]
International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
20........................ Procedures Covering 0625-AB21
Suspension of
Liquidation, Duties and
Estimated Duties in
Accord With Presidential
Proclamation 10414.
------------------------------------------------------------------------
Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
21........................ Taking Additional Steps to 0694-AJ35
Address the National
Emergency With Respect to
Significant Malicious
Cyber-Enabled Activities.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
22........................ Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
23........................ Amendment 125 to the 0648-BM64
Bering Sea and Aleutian
Islands Fishery
Management Plan; Pacific
Cod Small Boat Access.
24........................ Authorizing Hook-and-line 0648-BM77
Catcher/Processors to use
Longline Pot Gear in the
Bering Sea Greenland
Turbot Fishery.
25........................ Atlantic Coastal Fisheries 0648-BM38
Cooperative Management
Act Provisions; American
Lobster Fishery Vessel
Tracking for the Federal
American Lobster Fishery.
26........................ Atlantic Highly Migratory 0648-BM08
Species; Amendment 16 to
the 2006 Consolidated
Atlantic Highly Migratory
Species Fishery
Management Plan.
27........................ Atlantic Highly Migratory 0648-BM23
Species; Electronic
Reporting Requirements.
28........................ Atlantic Highly Migratory 0648-BM88
Species; Revisions to
Commercial Atlantic
Blacknose and
Recreational Atlantic
Shark Fisheries.
29........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
30........................ Magnuson-Stevens Act 0648-BM85
Provisions; Fisheries Off
West Coast States;
Pacific Coast Groundfish
Fishery; 2024 Harvest
Specifications for
Pacific Whiting, and 2024
Pacific Whiting Tribal
Allocation.
31........................ 2025-2026 Harvest 0648-BN08
Specifications and
Management Measures for
the Pacific Coast
Groundfish Fishery.
32........................ Notice of Proposed 0648-BM52
Rulemaking for the
Designation Pacific
Remote Islands National
Marine Sanctuary.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
33........................ Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
34........................ Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
35........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
36........................ Designation of Marine 0648-BL82
Critical Habitat for Six
Distinct Population
Segments of Green Sea
Turtles Under the
Endangered Species Act.
37........................ Designation of Critical 0648-BL86
Habitat for Rice's Whale
Under the Endangered
Species Act.
38........................ Framework Adjustment 66 to 0648-BM71
the Northeast
Multispecies Fishery
Management Plan.
39........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
40........................ International Fisheries; 0648-BL25
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Effort Limits in
Purse Seine Fisheries.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
41........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
42........................ Seafood Import Permitting 0648-BK85
and Reporting Procedures.
------------------------------------------------------------------------
[[Page 66782]]
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
43........................ Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
44........................ Designation of Critical 0648-BL53
Habitat for Nassau
Grouper Under the
Endangered Species Act.
45........................ Atlantic Large Whale Take 0648-BM31
Reduction Plan
Modifications to Reduce
Serious Injury and
Mortality of Large Whales
in Commercial Trap/Pot
Fisheries Along the U.S.
East Coast.
46........................ Amendment 123 to the 0648-BL42
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Halibut Abundance-Based
Management of Amendment
80 Prohibited Species
Catch Limit.
47........................ Rulemaking to Modify the 0648-BM18
2023-2027 Halibut
Individual Fishing Quota
(IFQ) Vessel Harvest
Limitations in IFQ
Regulatory Areas 4A, 4B,
4C, and 4D.
48........................ Amendment 16 to the 0648-BM42
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska;
Cook Inlet.
49........................ Framework Adjustment 65 to 0648-BL95
the Northeast
Multispecies Fishery
Management Plan.
50........................ Framework Adjustment 38 to 0648-BM78
the Atlantic Sea Scallop
Fishery Management Plan.
51........................ Atlantic Highly Migratory 0648-BK54
Species; Prohibiting
Retention of Oceanic
Whitetip Sharks in U.S.
Atlantic Waters and
Hammerhead Sharks in the
Caribbean Sea.
52........................ Atlantic Highly Migratory 0648-BM66
Species; Atlantic Bluefin
Tuna General Category
Restricted-Fishing Days;
Atlantic Bluefin Tuna
Regulatory Clarifications.
53........................ Amendment 51 to the 0648-BM03
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region
(Amendment 51).
54........................ Amendment 56 to the 0648-BM46
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico: Modifications to
Catch Limits, Sector
Allocation, and
Recreational Fishing
Seasons for Gulf of
Mexico Gag.
------------------------------------------------------------------------
Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
55........................ Setting and Adjusting 0651-AD64
Patent Fees During Fiscal
Year 2025.
56........................ Setting and Adjusting 0651-AD65
Trademark Fees During
Fiscal Year 2025.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
18. Securing the Information and Communications Technology and Services
Supply Chain [0605-AA51]
Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
Abstract: Pursuant to Executive Order 13873 of May 15, 2019,
``Securing the Information and Communications Technology and Services
Supply Chain'' and Executive Order 14034 of June 9, 2021, ``Protecting
Americans' Sensitive Data From Foreign Adversaries,'' the Department of
Commerce is finalizing the rule that sets forth the process and
procedures that the Secretary of Commerce will use to identify, assess,
and address transactions that pose an undue risk to the security,
integrity, and reliability of information and communications technology
and services provided and used in the United States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/19 84 FR 65316
NPRM Comment Period End............. 12/27/19
Interim Final Rule.................. 01/19/21 86 FR 4909
Interim Final Rule Comment Period 03/22/21
End.
Interim Final Rule Effective Date... 03/22/21
Final Action........................ 08/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email:
[email protected].
RIN: 0605-AA51
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Long-Term Actions
19. Securing the Information and Communications Technology and Services
Supply Chain: Licensing Procedures [0605-AA60]
Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
Abstract: The Department is seeking public input regarding
establishing a licensing process for entities to seek pre-approval
before engaging in or continuing to engage in potentially regulated
information and communications technology and services (ICTS)
Transactions under 15 CFR part 7.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/29/21 86 FR 16312
ANPRM Comment Period End............ 04/28/21
NPRM................................ 11/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Phone: 202 482-3064, Email:
[email protected].
RIN: 0605-AA60
[[Page 66783]]
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Final Rule Stage
20. Procedures Covering Suspension of Liquidation, Duties and Estimated
Duties in Accord With Presidential Proclamation 10414 [0625-AB21]
Legal Authority: Proc 10414, 87 FR 35067; 19 U.S.C. 1318
Abstract: In accordance with Presidential Proclamation 10414 and
pursuant to its authority under Section 318(a) of the Tariff Act of
1930, as amended (the Act), the Department of Commerce (Commerce) is
issuing this final rule to implement Proclamation 10414. Specifically,
Commerce is issuing a new rule that, in the event of an affirmative
preliminary or final determination in the antidumping and
countervailing duty (AD/CVD) circumvention inquiries described below,
under Title VII of the Act, extends the time for, and waives, the
suspension of liquidation, the application of certain AD/CVD duties,
and the collection of cash deposits on applicable entries of certain
crystalline silicon photovoltaic cells, whether or not assembled into
modules, that are completed in the Kingdom of Cambodia (Cambodia),
Malaysia, the Kingdom of Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using parts and components manufactured
in the People's Republic of China (China), and that are not already
subject to an antidumping or countervailing duty order.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/01/22 87 FR 39426
NPRM Comment Period End............. 08/01/22
Final Action........................ 09/16/22 87 FR 56868
Final Action Effective.............. 11/15/22
Next Action Undetermined............ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nikki Kalbing, Department of Commerce,
International Trade Administration, Washington, DC 20230, Phone: 202
717-3147, Email: [email protected].
RIN: 0625-AB21
DEPARTMENT OF COMMERCE (DOC)
Bureau of Industry and Security (BIS)
Final Rule Stage
21. Taking Additional Steps To Address the National Emergency With
Respect to Significant Malicious Cyber-Enabled Activities [0694-AJ35]
Legal Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C. 1601 et seq.;
E.O. 13873; E.O. 13984; E.O. 14110
Abstract: Executive Order 13984 of January 19, 2021, Taking
Additional Steps To Address the National Emergency With Respect to
Significant Malicious Cyber-Enabled Activities, (E.O. 13984) directs
the Secretary of Commerce (Secretary) to propose regulations requiring
certain providers and resellers of certain Infrastructure as a Service
(IaaS) products to verify the identity of their foreign customers
permitting the Secretary, in consultation with Secretary of Defense,
the Attorney General, the Secretary of Homeland Security, and the
Director of National Intelligence, to grant exemptions to the
verification requirement; and authorizing the Secretary to impose
special measures on providers with regard to certain foreign
jurisdictions or foreign persons. Additionally, Executive Order 14110
of October 30, 2023, Safe, Secure, and Trustworthy Development and Use
of Artificial Intelligence'' (E.O. 14110) directs the Secretary to
impose record keeping requirements on IaaS providers when foreign
persons use U.S. IaaS products to train certain large artificial
intelligence (AI) models and to require U.S. IaaS providers identify
the foreign customers of their foreign resellers. The Department of
Commerce is assessing public comments from its January 29, 2024, notice
of proposed rulemaking (NPRM) to EOs 13984 and 14110 and will issue a
final rule once that review is complete.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/29/24 89 FR 5698
NPRM Comment Period End............. 04/29/24
Final Action........................ 12/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kellen Moriarty, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-1329.
RIN: 0694-AJ35
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
22. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
[0648-BG11]
Legal Authority: Pub. L. 114-81
Abstract: This proposed rule would 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 would also implement the Port State Measures
Agreement. To that end, this proposed rule would 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 would establish 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................................ 07/08/22 87 FR 40763
NPRM Comment Period End............. 09/06/22
[[Page 66784]]
Second NPRM......................... 10/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs, Trade, and Commerce, Department of Commerce, National Oceanic
and Atmospheric Administration, 1315 East-West Highway, Silver Spring,
MD 20910, Phone: 301 427-8286, Email: [email protected].
RIN: 0648-BG11
23. Amendment 125 to the Bering Sea and Aleutian Islands
Fishery Management Plan; Pacific Cod Small Boat Access [0648-BM64]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action would allow smaller hook-and-
line or pot catcher vessels operating in the Federal Bering Sea and
Aleutian Island (BSAI) Pacific cod (Gadus macrophalus) less than 60'
hook-and-line or pot catcher vessel sector to harvest Pacific cod from
the BSAI Pacific cod jig sector's allocation. Under the current
regulations, the BSAI Pacific cod jig sector only includes jig catcher
vessels and catcher processors. The proposed amendment would redefine
the current Federal BSAI Pacific cod jig sector to add hook-and-line
and pot catcher vessels that are less than or equal to 55' length
overall to the current definition. This proposed action is needed
because of reduced Pacific cod total allowable catch (TAC), shortened
seasons for the less than 60' hook-and-line and pot catcher vessel
Pacific cod sector, and the inability of these smaller vessels to
compete with larger vessels during poor weather. As such, the proposed
action would likely provide a small benefit to a small number of
fishery participants (those with smaller vessels). This action could
provide stability and additional opportunities for current fishery
participants and potential new entrants with smaller hook-and-line or
pot catcher vessels without negatively impacting vessels that operate
in the jig sector. However, larger hook-and-line or pot vessels could
be negatively impacted by the proposed action, which would likely
impact the historically common reallocations of projected unused
Pacific cod allocation from the jig sector to the less than 60' hook-
and-line or pot catcher vessel sector. The authority for this action is
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BM64
24. Authorizing Hook-and-Line Catcher/Processors To Use
Longline Pot Gear in the Bering Sea Greenland Turbot Fishery [0648-
BM77]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action would allow hook-and-line
catcher/processor vessels to use longline pot gear in the Greenland
turbot (Reinhardtius hippoglossoides) fishery in the Bering Sea (BS).
Current regulations only allow for the use of hook-and-line or trawl
gear when directed fishing for Greenland turbot in the BS. This action
is needed due to an increase in killer whale (Orcinus orca) depredation
in the BS hook-and-line gear Greenland turbot fishery. The level of
depredation has increased to a level where it precludes directed
fishing for Greenland turbot using hook-and-line gear. This action
would reduce the impacts of whale depredation and allow the fishery to
resume. This action would benefit the hook-and-line catcher/processors
who choose to participate in the directed fishery for Greenland turbot
using longline pot gear. The authority for this action is Section
304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BM77
25. Atlantic Coastal Fisheries Cooperative Management Act Provisions;
American Lobster Fishery Vessel Tracking for the Federal American
Lobster Fishery [0648-BM38]
Legal Authority: 16 U.S.C. 71
Abstract: The Atlantic States Marine Fisheries Commission, the body
responsible for the interstate management of the American lobster
fishery, recently approved Addendum XXIX to Amendment 3 to the
Interstate Fishery Management Plan for American Lobster, which requires
electronic tracking of vessels participating in the fishery, with state
implementation beginning in 2023. The Commission is made up of
representatives from each of the eastern coastal states, including
members of the lobster industry, and voted unanimously in support of
vessel tracking, which is similar to global positioning system (GPS)
capabilities on a cellular/mobile telephone. These data are critical to
improving stock assessments, informing discussions and management
decisions related to protected species and marine spatial planning, and
enhancing offshore enforcement. NOAA Fisheries is proposing
complementary Federal regulations under the Atlantic Coastal Fisheries
Cooperative Management Act, this would consider revising to regulations
under 50 CFR 697.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------
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, Email: [email protected].
RIN: 0648-BM38
26. Atlantic Highly Migratory Species; Amendment 16 to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
[0648-BM08]
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: NMFS is developing a proposed rule for Amendment 16 to
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP) pursuant to Magnuson-Stevens Fishery Conservation
and Management Act (MSA) sections 304(c) and (g). The draft Amendment
will include a draft
[[Page 66785]]
environmental impact statement and other required analyses. Based on
the mechanism used in establishing shark quotas and related management
measures from Amendment 14 to the 2006 Consolidated HMS FMP, Amendment
16 would modify the acceptable biological catch (ABC) and annual catch
limits (ACLs) for Atlantic sharks and the process used to account for
carryover of underharvests of quotas. In this action, NMFS would also
look at all commercial and recreational management measures related to
the Atlantic shark fishery and make appropriate revisions. Amendment 16
would affect the bottom longline, gillnet, and pelagic longline
fisheries, which fish for sharks throughout the entire range of the
fishery (Atlantic Ocean, Gulf of Mexico, and Caribbean Sea). The
Agency's proposed actions for this rule will be based in part on
feedback and public comments received on the issues and options paper.
The comment period ended in August 2023. The comments received to date
provide helpful feedback on the potential issues and ways forward.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent.................... 05/08/23 88 FR 29617
Notice of Intent Comment Period End. 08/18/23
NPRM................................ 03/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BM08
27. Atlantic Highly Migratory Species; Electronic Reporting
Requirements [0648-BM23]
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory species (HMS) are managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas
Convention Act (ATCA), id. 971 et seq., the implementing statute for
binding recommendations of the International Commission for the
Conservation of Atlantic Tunas. The ANPRM considered options to: (1)
streamline logbook reporting by converting existing commercial paper
logbooks to electronic logbooks; (2) expand logbook reporting to
recreational and commercial permit holders via electronic logbooks, to
be consistent with Agency efforts in other fisheries and to augment
data collected for fishery management; (3) collect additional
information through existing electronic reporting mechanisms for
dealers and recreational permit holders to augment data collected for
fishery management; and (4) facilitate HMS reporting including
considering ways to incentivize reporting compliance (or penalize
noncompliance) and offering an electronic reporting platform for HMS
Exempted Fishing Permit Program permit holders. This action is being
taken pursuant to the rulemaking authority under section 304(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c). The ANPRM comment period ended in August 2023. The comments
received provide helpful feedback on the potential issues and ways
forward, which are under consideration by the Agency. The Agency's
proposed actions for this rulemaking will be based in part on feedback
and public comments received on the ANPRM.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/12/23 88 FR 30699
ANPRM Comment Period End............ 08/18/23
NPRM................................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BM23
28. Atlantic Highly Migratory Species; Revisions to Commercial
Atlantic Blacknose and Recreational Atlantic Shark Fisheries [0648-
BM88]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service, on behalf of the
Secretary of Commerce, is responsible for managing Atlantic highly
migratory species (HMS) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act (ATCA), id. 971 et seq. This
proposed rule would consider options to: (1) remove the Atlantic
blacknose shark management boundary in the Atlantic region, (2) modify
the commercial retention limit for blacknose sharks in the Atlantic
region, (3) revise the recreational minimum size limits for authorized
Atlantic shark species, and (4) revise the recreational bag limits for
some authorized Atlantic shark species. This proposed rule would also
remove commercial management group quota linkages, consistent with
management measures established in Amendment 14 to the 2006
Consolidated HMS Fishery Management Plan (88 FR 4157, January 24,
2023). This action would affect the commercial and recreational
Atlantic shark fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea. In 2021, ex-vessel revenues for the entire Atlantic
shark fishery totaled approximately $2.6 million. This action is being
taken pursuant to the rulemaking authority under section 304(g) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BM88
29. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty [0648-
BG04]
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
[[Page 66786]]
Treaty amendments that can be implemented under the existing South
Pacific Tuna Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting Regional Administrator,
Pacific Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email: [email protected].
RIN: 0648-BG04
30. Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; 2024 Harvest Specifications
for Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation [0648-
BM85]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish the 2024 harvest specifications
and allocations for Pacific Whiting. Through this rulemaking, NMFS
would announce the U.S. Total Allowable Catch (TAC) level determined
under the terms of the Agreement with Canada on Pacific Hake/Whiting
(Agreement) and the Pacific Whiting Act of 2006 (Whiting Act) and set
the interim allocation for the tribal fishery; the fishery harvest
guideline (HG), called the non-tribal allocation, for three commercial
whiting sectors; and set-asides for research and bycatch. As in prior
years, the interim tribal allocation is not intended to set a precedent
for future years. This action would be implemented pursuant to the
rulemaking authority under the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) 304(b) (Regulations Deemed Necessary by
Council) and MSA section 305(d) (Secretarial authority), and the
Pacific Whiting Act of 2006. Pursuant to MSA section 305(d), this
action is necessary to ensure that the Pacific Coast Groundfish Fishery
Management Plan is implemented in a manner consistent with treaty
rights of four treaty tribes to fish in their usual and accustomed
grounds and stations in common with non-tribal citizens. United States
v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974). The harvest
specifications that would be implemented by this action would be in
effect for the Pacific Whiting fishery that opens May 01, 2024 through
December 31, 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
[email protected].
RIN: 0648-BM85
31. 2025-2026 Harvest Specifications and Management Measures
for the Pacific Coast Groundfish Fishery [0648-BN08]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management 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 2025-26 biennium, the
Pacific Fishery Management Council has recommended: (1) Harvest
specifications, including overfishing limits, acceptable biological
catches, and annual catch limits; and (2) Management measures to
achieve those specifications. The specifications and management
measures that would be established by this action would be in effect
from January 1, 2025, through December 31, 2026. The National Marine
Fisheries Service (NMFS) would implement this rulemaking under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
[email protected].
RIN: 0648-BN08
NOS/ONMS
32. Notice of Proposed Rulemaking for the Designation Pacific Remote
Islands National Marine Sanctuary [0648-BM52]
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: NOAA's Office of National Marine Sanctuaries is
developing a proposed rule designating a national marine sanctuary in
the waters surrounding the Pacific Remote Islands. This proposed rule
for designation under the National Marine Sanctuaries Act would
supplement the existing National Marine Monument and further protect
and conserve the natural environment and cultural heritage of the
Pacific Remote Islands for future generations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 04/18/23 88 FR 23624
Comment Period End.................. 06/02/23 .......................
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Kondel, Policy and Planning Division Chief,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1305 East West Highway, Building SSMC4, Silver Spring,
MD 20910, Phone: 240 676-4646.
RIN: 0648-BM52
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
33. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule [0648-BI88]
Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
Abstract: NMFS published a proposed rule to amend the North
Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105;
87 FR 46921, August 1, 2022). NMFS proposed this action to further
reduce the likelihood of mortalities and serious injuries to endangered
right whales from vessel collisions, which are a leading cause of the
species' decline and a primary factor in an ongoing Unusual Mortality
Event. The final rule will (1) modify the spatial and temporal
boundaries of current speed restriction areas, currently referred to as
Seasonal Management
[[Page 66787]]
Areas (SMAs), (2) include most vessels greater than or equal to 35 ft
(10.7 m) and less than 65 ft (19.8 m) in length in the vessel size
class subject to speed restriction, (3) create a Dynamic Speed Zone
framework to implement mandatory speed restrictions when whales are
known to be present outside active SMAs, and (4) update the speed
rule's safety deviation provision. The final amendments to current
speed regulations reduce vessel strike risk based on a coast wide
collision mortality risk assessment and updated information on right
whale distribution, vessel traffic patterns, and vessel strike
mortality and serious injury events. NMFS solicited public comment on
the proposed action and received over 90,000 public comments. The
agency plans to take final action on the final rule in 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/01/22 87 FR 46921
NPRM Comment Period End............. 09/30/22 .......................
NPRM Comment Period Extension....... 09/16/22 87 FR 56925
NPRM Comment Period Extension End... 10/31/22 .......................
Final Action........................ 11/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BI88
34. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals [0648-BJ52]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On November 27, 2020, we, NMFS, published in the Federal
Register a proposal to designate 17 island units of critical habitat in
the Pacific Islands Region for 7 Indo-Pacific coral species listed
under the Endangered Species Act (ESA). Based on public comments and
new information regarding the interpretation of the records of the
listed corals and application to critical habitat, a substantial
revision of the proposed rule is warranted. Accordingly, we withdrew
the 2020 proposed rule and published a new proposed rule. We proposed
to designate critical habitat for five of the seven coral species that
were addressed in the 2020 proposed rule: Acropora globiceps, Acropora
retusa, Acropora speciosa, Euphyllia paradivisa, and Isopora
crateriformis. Proposed critical habitat includes 16 island units
encompassing approximately 251 square kilometers (km2; 97 square miles,
mi2) of marine habitat. In the development of the proposed rule, NMFS
considered economic, national security, and other relevant impacts of
the proposed designations, but we are not excluding any areas from the
critical habitat designations due to anticipated impacts.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76262
NPRM Comment Period End............. 01/26/21 .......................
NPRM Comment Period Extended........ 12/23/20 85 FR 83899
NPRM Comment Period Extended End.... 02/25/21 .......................
Second NPRM Comment Period Extended. 02/09/21 86 FR 8749
Second Extended Comment Period End.. 03/27/21 .......................
Third NPRM Comment Period Extended.. 03/29/21 86 FR 16325
Third NPRM Comment Period Extended 05/26/21 .......................
End.
Second NPRM......................... 11/30/23 88 FR 83644
Second NPRM Comment Period End...... 02/28/24 .......................
Public Hearing...................... 12/22/23 88 FR 88587
Final Action........................ 12/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BJ52
35. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins
Under The Marine Mammal Protection Act [0648-BK04]
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This action under the Marine Mammal Protection Act (MMPA)
will establish mandatory time-area closures of Hawaiian spinner
dolphins' essential daytime habitats at five selected sites in the Main
Hawaiian Islands (MHI). In considering public comments in response to a
separate proposed rule related to spinner dolphin interactions (81 FR
57854), NMFS intends these regulatory measures to prevent take of
Hawaiian spinner dolphins from occurring in inshore marine areas at
essential daytime habitats, and where high levels of disturbance from
human activities are most prevalent.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/28/21 86 FR 53844
NPRM Comment Period End............. 12/27/21 .......................
Final Action........................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BK04
36. Designation of Marine Critical Habitat for Six Distinct Population
Segments of Green Sea Turtles Under the Endangered Species Act [0648-
BL82]
Legal Authority: 16 U.S.C. 1533
Abstract: In 2012, NMFS and U.S. Fish and Wildlife Service (USFWS;
collectively, the Services) were petitioned to identify and list
distinct population segments (DPSs) of green sea turtles under section
4 of the Endangered Species Act (ESA; 16 U.S.C. 1533). In 2016, the
Services listed six DPSs of green sea turtles occurring in U.S. waters,
which triggered the requirement, under ESA section 4, to designate
critical habitat to the maximum extent prudent and determinable for
those DPSs. The Services did not do so within the statutory deadline,
and subsequently entered into a settlement agreement to submit to the
Office of the Federal Register for publication a proposed determination
concerning the designation of critical habitat for the six DPSs by June
30, 2023. The rule will designate critical habitat containing
reproductive, migratory, foraging and resting features in waters from 0
to 20 m depth. The economic impact will affect Federal agencies, who
are required under section 7 of the ESA to consult with the Services on
their actions that may affect listed species and designated critical
habitat. NMFS is working with the Department of Defense and Department
of Homeland Security
[[Page 66788]]
to review potential national security impacts. Regarding Broadening
Public Participation and Community Engagement in the Regulatory
Process, we provided six (3 virtual, 3 in-person) public hearings. We
had Spanish at 2 virtual public hearings. Samoan, Chamorro, or
Carolinian cultural liaisons are providing facilitation and translation
at the 3 in-person public hearings. This is part of a pilot project
meant to address requests made during the public comment period for
NMFS' Equity and Environmental Justice Strategy.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/19/23 88 FR 46572
NPRM Comment Period End............. 10/17/23 .......................
Final Action........................ 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BL82
37. Designation of Critical Habitat for Rice's Whale Under the
Endangered Species Act [0648-BL86]
Legal Authority: 16 U.S.C. 1533; 16 U.S.C. 1532
Abstract: Gulf of Mexico Bryde's whales (Balaenoptera edeni) were
listed as endangered under the Endangered Species Act (ESA) by the
National Marine Fisheries Service (NMFS) effective April 15, 2019 (84
FR 15446). On October 22, 2021, NMFS published a final rule that
revised the listing of Gulf of Mexico Bryde's whales to reflect the
scientifically accepted taxonomy and nomenclature of the species (86 FR
47022). The revised common name for this species is Rice's whale and
the scientific name is Balaenoptera ricei. The ESA requires that
critical habitat be designated to the maximum extent prudent and
determinable at the time a species is listed (16 U.S.C. 1533(a)(3)(i)).
NMFS concluded that critical habitat was not yet determinable for the
Rice's whale at the time of listing. However, NMFS indicated that they
anticipated critical habitat would be determinable in the future given
on-going research. NMFS, therefore, announced in the final listing rule
that they would propose critical habitat in a separate rulemaking. This
rule finalizes designation of critical habitat for the endangered
Rice's whale as one specific area within the Gulf of Mexico that
extends from the Texas-Mexico border in the west to the Florida Keys in
the east and lies between the 100m and 400m isobaths. NMFS will consult
with the Department of Defense to assess any potential national
security impacts as a result of the critical habitat designation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/24/23 88 FR 47453
NPRM Comment Period End............. 09/22/23 .......................
NPRM Comment Period Extension....... 10/06/23 88 FR 62522
Final Action........................ 09/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BL86
38. Framework Adjustment 66 to the Northeast Multispecies
Fishery Management Plan [0648-BM71]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The final action implements management measures included
in Framework Adjustment 66 to the Northeast Multispecies Fishery
Management Plan (Framework 66) that were developed by the New England
Fishery Management Council in response to new scientific information,
pursuant to the rulemaking authorities under section 303(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. This action
sets annual specifications for fishing years (FY) 2024-2026 for three
Northeast multispecies stocks, FY 2024-2025 for three other
multispecies stocks; specifies FY 2024-2025 total allowable catches
(TAC) for the three U.S./Canada stocks; and modify the trigger for
Atlantic halibut accountability measures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/22/24 89 FR 20412
NPRM Comment Period End............. 04/08/24 .......................
Final Action........................ 07/00/24 .......................
------------------------------------------------------------------------
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, Email: [email protected].
RIN: 0648-BM71
39. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management [0648-BI10]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule addresses conducting research in areas
currently closed to fishing for Atlantic highly migratory species
(HMS)--during various times or by certain gear--to collect fishery-
dependent data. A number of time/area closures or gear-restricted areas
have been implemented over the years through various rulemakings,
limiting fishing for Atlantic highly migratory species in those areas
for a variety of reasons including reducing bycatch. These time/area
closures have been implemented in consultation with the HMS Advisory
Panel to protect species consistent with the Magnuson-Stevens Fisheries
Conservation and Management Act (e.g., to reduce bycatch in the pelagic
longline fishery off the east coast of Florida), the Endangered Species
Act (e.g., to protect sea turtles in the North Atlantic), and the
Atlantic Tunas Convention Act (e.g., to protect spawning bluefin tuna
in the Gulf of Mexico). Fishery-dependent data supports effective
fisheries management, and areas that restrict fishing effort often have
a commensurate decrease in fishery-dependent data collection. Programs
to facilitate research and data collection, such as those that would be
covered by this rule, could assess the efficacy of closed areas,
improve sustainable management of highly migratory species, and may
provide benefits to commercial and recreational fishermen. The Agency's
final actions for this rule are based in part on feedback and public
comments on the proposed rule and draft environmental impact statement,
regulatory impact review (RIR), and initial regulatory flexibility
analysis (IRFA). The comment period ended in October 2023. The comments
received to date provide helpful feedback on the potential issues and
ways forward.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/05/23 88 FR 29050
[[Page 66789]]
NPRM Comment Period Extension....... 09/08/23 88 FR 62044
NPRM Comment Period End............. 09/15/23 .......................
NPRM Comment Period Extension End... 10/02/23 .......................
Final Action........................ 07/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BI10
40. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Fishing Effort Limits in Purse Seine
Fisheries [0648-BL25]
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), NMFS
is implementing fishing effort limits for the U.S. purse seine fishery
operating in the western and central Pacific Ocean (WCPO). Regulations
at 50 CFR 300.223(a) currently limit U.S. WCPO purse seine fishing
effort in a combined area of the high seas and U.S. exclusive economic
zone (EEZ). Based on recent decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, this rule implements separate U.S.
WCPO purse seine fishing effort limits for the high seas and U.S. EEZ.
This rule could have some economic effects on U.S. purse seine vessels,
as the separate effort limits would reduce the operational flexibility
provided by the combined effort limits. This rule could also have some
economic effects on American Samoa, as the separate limits could lead
to a fishery closure earlier in the year than under the combined
limits, which could reduce fish supply to the cannery based in American
Samoa. Other elements of this rule include modifications to the process
for closing the fishery once an effort limit is reached, and
modifications to the procedures for obtaining daily purse seine fishing
effort reports.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/12/22 87 FR 55768
NPRM Comment Period End............. 10/03/22 .......................
Final Action........................ 10/00/24 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting 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-BL25
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
41. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood [0648-BH87]
Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule included, for
designated priority fish species, import permitting and reporting
requirements to provide for traceability of seafood products offered
for entry into the U.S. supply chain, and to ensure that these products
were lawfully acquired and are properly represented. Shrimp and abalone
products were included in the final rule to implement the Seafood
Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking will establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/11/18 83 FR 51426
NPRM Comment Period End............. 11/26/18 .......................
-----------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Phone: 301 427-8286, Email:
[email protected].
RIN: 0648-BH87
42. Seafood Import Permitting and Reporting Procedures [0648-BK85]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS amends the regulations that require seafood import
documentation under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The statute prohibits the
importation of seafood that was harvested in violation of foreign laws,
any treaty, or binding conservation measures of regional fisheries
organizations to which the United States is a party. The import
permitting, reporting and recordkeeping regulations facilitate
enforcement of the statutory prohibition. To ensure compliance with the
import monitoring program, NMFS clarifies what qualifies as the U.S.
resident business address of the International Fisheries Trade Permit
holder and the permit holder's obligation to ensure timely access to
and production of the required supply chain records in the event of an
audit NMFS also intends to include additional species under the
program, such as expanding currently listed single-species to species
groups and adding new species. U.S. seafood importers are likely to be
affected by this rulemaking through increased reporting and
recordkeeping requirements, but NOAA estimates the economic impact will
be small because documentation is already completed, transmitted
through the supply chain, and available to importers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/28/22 87 FR 79836
NPRM Comment Period End............. 03/28/23 .......................
NPRM Comment Period Extension....... 03/31/23 88 FR 19236
NPRM Comment Period Extension End... 04/27/23 .......................
[[Page 66790]]
NPRM; Withdrawn..................... 11/16/23 88 FR 78714
Next Action Undetermined............
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Phone: 301 427-8286, Email:
[email protected].
RIN: 0648-BK85
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Completed Actions
43. Designation of Critical Habitat for the Threatened Caribbean Corals
[0648-BG26]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean corals as threatened under the
Endangered Species Act on October 10, 2014. Critical habitat shall be
designated to the maximum extent prudent and determinable at the time a
species is proposed for listing (50 CFR 424.12). We concluded that
critical habitat was not determinable for the 5 corals at the time of
listing. However, we anticipated that critical habitat would be
determinable in the future given on-going research. We, therefore,
announced in the final listing rules that we would propose critical
habitat in separate rulemakings. This rule proposes to designate
critical habitat for the 5 Caribbean coral species listed in 2014. A
separate proposed critical habitat rule is being prepared for the 15
Indo-Pacific corals listed as threatened in 2014. The proposed
designation for the Caribbean corals may include marine waters in
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76302
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 08/09/23 88 FR 54026
Final Action Effective.............. 09/08/23
Final Action........................ 03/19/24 89 FR 19511
Final Action Effective.............. 03/19/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BG26
44. Designation of Critical Habitat for Nassau Grouper Under the
Endangered Species Act [0648-BL53]
Legal Authority: 16 U.S.C. 1533
Abstract: This rulemaking will designate critical habitat for the
threatened Nassau grouper pursuant to section 4 of the Endangered
Species Act (ESA). Specific occupied areas under consideration as
critical habitat for this species include approximately 2,352.27 sq.
kilometers (908.22 sq. miles) of marine habitat located in waters off
southeastern coast of Florida, Puerto Rico, Navassa, and the United
States Virgin Islands (USVI). For this critical habitat designation,
the incremental costs of the rule are anticipated to be limited to the
additional administrative effort required for section 7 consultations
to consider impacts to the critical habitat. We have contacted the
Departments of the Navy, Air Force, and Army as well as the U.S. Coast
Guard requesting information related to potential national security
impacts that may result from the critical habitat designation. Based on
information they provided, national security impacts are not expected
to arise as a result of this rule. NMFS also contacted the Department
of Defense (DoD) to determine if any areas controlled by the DoD
coincide with any of the areas under consideration for critical
habitat, and none were found that would result in not designating
critical habitat pursuant to section 4(a)(3)(B)(i) of the ESA. This
rule is consistent with existing critical habitat regulations in the
application of the ESA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/17/22 87 FR 62930
NPRM Comment Period End............. 12/16/22
Final Action........................ 01/02/24 89 FR 126
Final Action Effective.............. 02/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected]. RIN: 0648-BL53
45. Atlantic Large Whale Take Reduction Plan Modifications To Reduce
Serious Injury and Mortality of Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast [0648-BM31]
Legal Authority: 16 U.S.C. 1387
Abstract: The National Marine Fisheries Service (NMFS) is proposing
a rule under the Atlantic Large Whale Take Reduction Plan (ALWTRP or
Plan) to reduce the risk of North Atlantic right whale entanglement in
commercial trap/pot fisheries along the U.S. East Coast. The proposed
rule would modify the boundaries of the Massachusetts Restricted Area
(MRA) to include a 200 square miles area known as the MRA Wedge to fill
a gap in protections that occurs during the implementation of the
current closure in Federal waters from February through April every
year. This small gap area was inadvertently created by a 2021
modification to an existing MRA seasonal closure to buoy lines which
mirrored a state water closure enacted by Massachusetts in early 2021.
The resultant gap within the MRA created an opportunity for federally
permitted vessels to fish or store buoyed trap gear in the MRA Wedge at
great risk of incidental mortality and serious injury of North Atlantic
right whales that are seasonally abundant in surrounding waters.
Empirical gear and whale sightings collected during aerial surveys of
the MRA Wedge during February-April demonstrate the high entanglement
risk to right whales in this area. No novel management measures or
policies are proposed; this Wedge area was closed through emergency
rulemaking in 2021 and 2022, and this rule proposes to permanently
implement a small expansion of an existing three-month seasonal
restriction to fishing with buoy lines.
Timetable:
[[Page 66791]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/18/23 88 FR 63917
NPRM Comment Period End............. 10/18/23
Final Action........................ 02/07/24 89 FR 8333
Final Action Effective.............. 03/08/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BM31
46. Amendment 123 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area; Halibut Abundance-
Based Management of Amendment 80 Prohibited Species Catch Limit [0648-
BL42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council (Council), this proposed action would
implement Amendment 123 to the Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and Aleutian Islands Management Area
(BSAI). If approved by the Secretary of Commerce and implemented by
NMFS, this action would determine the BSAI Amendment 80 commercial
groundfish trawl fleet's (A80) halibut prohibited species catch (PSC)
limit annually based on the most recent values from surveys conducted
by the Alaska Fisheries Science Center and the International Pacific
Halibut Commission (IPHC). The Council's intent in recommending
Amendment 123 is to link annual halibut PSC limits in the A80 fleet
with estimated halibut abundance. The reason for the change being
considered is that the current PSC limit, currently set as a fixed
annual amount of 1,745 mt, becomes an increasingly larger proportion of
total halibut removals in the BSAI when halibut abundance declines.
Over the last 6 years, the Council and its advisory bodies,
stakeholders, and the public have considered several approaches for a
halibut abundance-based management (ABM) program consistent with
Council fishery management objectives and the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). Public testimony on this action
over the years has focused on two primary concerns. The first is the
importance of providing flexibility to the A80 fleet to prosecute their
quotas. The second is concern about the decline in the directed halibut
fishery catch as a result of a decline in halibut abundance, compounded
by fixed PSC limits that further reduce the proportion of halibut
available to the directed halibut fisheries.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/09/22 87 FR 75570
NPRM Comment Period End............. 01/23/23
Final Action........................ 11/24/23 88 FR 82740
Final Action Effective.............. 01/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BL42
47. Rulemaking To Modify the 2023-2027 Halibut Individual Fishing Quota
(IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B, 4C,
and 4D [0648-BM18]
Legal Authority: 16 U.S.C. 773
Abstract: Commercial halibut fishing off the coast of Alaska is
managed under an Individual Fishing Quota (IFQ) program implemented by
Federal regulations under the authority of the Northern Pacific Halibut
Act of 1982, 16 U.S.C. 773 et seq. On February 10, 2023, the North
Pacific Fishery Management Council (Council) recommended to temporarily
remove IFQ halibut vessel caps for the 2023-2027 fishing years in IFQ
regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide continued flexibility and
consistency in the Pacific halibut fishery. This action would implement
the temporary management measure that has been recommended by the
Council and implemented by NMFS annually since 2020 for a 5-year
period. This action would revise 50 CFR 679.42(h)(1) to remove vessels
caps in those four areas for the 2023-2027 fishing year. This temporary
action would provide consistency for fishery participants over the next
five years, while the Council develops a long-term solution to modify
vessel use caps in Area 4. Halibut IFQ holders with quota share in
those four areas would be affected by this action, as well as Community
Quota Entities in area 4B. This action would not modify any other
aspects of the IFQ Program. Section 773c(c) of the Northern Pacific
Halibut Act is the rulemaking authority.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/11/23 88 FR 30272
NPRM Comment Period End............. 06/12/23
Final Action........................ 07/26/23 88 FR 48137
Final Action Effective.............. 07/26/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BM18
48. Amendment 16 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska; Cook Inlet [0648-BM42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action (Amendment 16) incorporates the Cook Inlet
EEZ into the Alaska Salmon FMP, thereby bringing the Cook Inlet EEZ and
the salmon fisheries that occur within it under Federal management by
the North Pacific Fishery Management Council (Council) and NMFS.
Previously, the Cook Inlet EEZ was not included in a Federal fishery
management plan (FMP), deferring management to the State of Alaska
(State). Commercial fishermen challenged this as inconsistent with the
Magnuson-Stevens Act (MSA). Ultimately, the Ninth Circuit held that the
Cook Inlet EEZ must be included in an FMP. The Council previously took
action to address this issue in 2020 and NMFS implemented their
recommendation as Amendment 14, which closed the Federal area to
commercial salmon fishing. Amendment 14 was challenged by commercial
fishermen and vacated. A new amendment addressing the area must be
promulgated by May 1, 2024. Four management alternatives were
considered: (1) no action, (2) delegating management authority to the
State consistent with the MSA, (3) Federal management, and (4) Federal
management that closes the area to commercial salmon fishing.
Alternatives 1 and 4 were not viable given the court rulings, and the
State would not accept delegated management. This left Alternative 3 as
the only viable alternative. However, the Council did not take action
and, NMFS must now
[[Page 66792]]
take action through a Secretarial FMP amendment pursuant to MSA section
304(c) to meet the court's deadline. NMFS implements Alternative 3 to
federally manage all salmon fishing in the Cook Inlet EEZ. Federal
management may reduce commercial salmon harvest in the EEZ area as a
result of increased scientific and management uncertainty. Additional
litigation is expected from commercial fishermen. NMFS developed the
elements of this rule with input from the public during two North
Pacific Fishery Management Council meetings, a virtual public hearing,
and multiple meetings and consultations with Tribal entities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/19/23 88 FR 72314
NPRM Comment Period End............. 12/18/23
Final Action........................ 04/30/24 89 FR 34718
Final Action Effective.............. 05/30/24
Correction.......................... 05/29/24 89 FR 46333
Correction Effective................ 05/30/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BM42
49. Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan [0648-BL95]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would implement management measures included
in Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan (Framework 65) that were developed by the New England
Fishery Management Council in response to new scientific information,
pursuant to the rulemaking authorities under section 303(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. The action
will revise the rebuilding plan for Gulf of Maine (GOM) cod, set annual
specifications for fishing years (FY) 2023-2025 for 13 Northeast
multispecies stocks, FY2023-2024 for Georges Bank (GB) cod, GB
yellowtail flounder, FY2023 for white hake, and specify FY 2023-2024
total allowable catches (TAC) for the three U.S./Canada stocks eastern
GB cod, eastern GB haddock, and GB yellowtail flounder. It would also
make a temporarily modification to the accountability measures for GB
cod. This rule also takes emergency action using our authority under
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act to increase the fishing year 2023 specifications for
Gulf of Maine (GOM) haddock. The purpose of this emergency action is to
mitigate economic harm to industry by increasing the 2023 GOM haddock
specifications.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/31/23 88 FR 34810
NPRM Comment Period End............. 06/15/23
Final Action........................ 08/18/23 88 FR 56527
Comment Period End.................. 09/18/23
Final Action Effective.............. 09/18/23
Temporary Rule Extension............ 01/09/24 89 FR 1036
Temporary Rule Extension End........ 04/30/24
------------------------------------------------------------------------
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, Email: [email protected].
RIN: 0648-BL95
50. Framework Adjustment 38 to the Atlantic Sea Scallop
Fishery Management Plan [0648-BM78]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: At its December 2023 meeting, the New England Fishery
Management Council voted to submit Framework 38 to NOAA's National
Marine Fisheries Service (NMFS). Pursuant to section 304(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, NMFS is
drafting a proposed rule to approve and implement Framework 38.
Framework 38 is a time-sensitive action that would set annual
specifications for the Atlantic sea scallop fleet for the 2024 fishing
year, including the annual catch limits for the limited access and
limited access general category fleets, as well as days-at-sea
allocations and sea scallop access area trip allocations. Framework 38
would implement specifications that would result in projected landings
of 27.4 million lb, a 2.4 million-lb increase from the fishing year
2023 projected landings. However, during the development of Framework
38 current price information was added to the price projection model
resulting in a decrease in the projected price for scallops in the 2024
fishing year. As a result, despite the increase in projected landings,
it is predicted that there will be a decrease in total economic
benefits in fishing year 2024. This is due primarily to a decrease in
the projected price for scallops, specifically of U-10 scallops (larger
scallops that had previously commanded a higher price) and not a result
of additional regulations or requirements that would be implemented by
Framework 38. Because of this, the economic impacts of the Framework 38
fishery specifications are expected to be negative for scallop vessels
and small business entities compared to fishing year 2023. The increase
in projected landings and the reduction in projected price is projected
to result in a decrease in total economic benefits of $19.62 million
using 2023. This is a time-sensitive regulatory action that sets annual
catch limits for the Atlantic Sea Scallop Fishery Management Plan. This
action is routine and needed to fully open the scallop fishery for the
2024 fishing year, beginning April 1, 2024. Framework 38 was developed
by the Council with input from the scallop industry throughout its
development. The increase in projected landings that Framework 38 would
implement is expected by and supported by the industry. The
specifications in this rule would only be in place for one year. If
this action is delayed, opening the Scallop fishery by April 1, 2024,
would require NMFS to implement default measures which are less
preferable to industry and resource managers. The default measures
would create confusion among the fleet because NMFS would be required
to implement two different sets of measures that would change mid-
season. The default measures could also have detrimental impacts to the
conservation of important, but sensitive, scallop resources and could
exacerbate the impact of the reduction in economic benefits to the
scallop industry. They could also lead to reductions in future scallop
harvests.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/12/24 89 FR 9819
NPRM Comment Period End............. 02/27/24
Final Action........................ 03/22/24 89 FR 20341
Final Action Effective.............. 04/22/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 66793]]
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, Email: [email protected].
RIN: 0648-BM78
51. Atlantic Highly Migratory Species; Prohibiting Retention of Oceanic
Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks in the
Caribbean Sea [0648-BK54]
Legal Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Abstract: Atlantic highly migratory species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). On May 15, 2020, NOAA Fisheries issued two
Biological Opinions (BiOps) under Section 7(a)(2) of the Endangered
Species Act (ESA). These BiOps covered the pelagic longline fishery for
Atlantic HMS and the non-pelagic longline HMS fisheries, as managed
under the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP)
and its amendments. The BiOps concluded that the fisheries are not
likely to jeopardize the continued existence of listed species nor
adversely affect their designated critical habitat. The BiOps included
conservation recommendations under Section 7(a)(1) of the ESA. These
conservation recommendations encouraged the prohibition of the
commercial and recreational retention of both scalloped hammerhead
sharks (specifically in the Southwest and Caribbean distinct population
segments) and oceanic whitetip sharks, both of which are listed as
threatened under the ESA. As a result, this action considers
implementing this conservation recommendation. Under existing
regulations, retention and possession of oceanic whitetip and all
hammerhead sharks are prohibited for commercial fishermen using pelagic
longline gear; this action would extend the prohibition to commercial
shark permit holders using other gears and to recreational permit
holders who target or catch sharks. This action is being taken pursuant
to the rulemaking authority under the Magnuson-Stevens Act, sec.
304(g), and ATCA. The Agency's final actions for this rule will be
based in part on public comments on the proposed rule and draft
environmental assessment, RIR, and IRFA. The comments received were
generally supportive of the proposed action; some commenters requested
additional protections for scalloped hammerhead sharks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/22/23 88 FR 17171
NPRM Comment Period End............. 05/22/23
Final Action........................ 01/03/24 89 FR 278
Final Action Effective.............. 02/02/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BK54
52. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
General Category Restricted-Fishing Days; Atlantic Bluefin Tuna
Regulatory Clarifications [0648-BM66]
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic tunas are managed under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq., and the Atlantic Tunas Convention Act (ATCA), id. 971 et
seq. Consistent with the existing regulations at 50 CFR 635.23(a), NOAA
Fisheries uses restricted-fishing days (RFDs, see definition at 635.2)
to extend fishing opportunities for bluefin tuna General category
participants through a greater portion of the category's subquota time-
periods while also ensuring the bluefin tuna quota is harvested. This
action codifies a schedule of restricted-fishing days (RFDs) for the
2024 fishing year and future fishing years; and clarifies the existing
regulations, including on the General category default retention limit
for bluefin tuna, the process of scheduling RFDs, and bluefin tuna
dealer tag application on RFDs. In 2021, bluefin tuna landed under the
General category quota brought in $10.2 million in ex-vessel revenues.
This action does not change the amount of bluefin tuna that can be
landed under an RFD schedule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/23/24 89 FR 13667
NPRM Comment Period End............. 03/25/24
Final Action........................ 05/31/24 89 FR 47095
Final Action Effective.............. 07/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BM66
53. Amendment 51 to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (Amendment 51) [0648-BM03]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is developing a final rule to implement Amendment
51. Amendment 51 and the rule will modify management of South Atlantic
snowy grouper. Actions will revise annual catch limits, sector
allocations, and the fishing season and accountability measures for the
recreational sector. Amendment 51 and the rule will end overfishing of
South Atlantic snowy grouper, continue to rebuild the stock, and
achieve optimum yield while minimizing, to the extent practicable,
adverse social and economic effects.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/30/23 88 FR 34460
NPRM Comment Period End............. 06/29/23
Final Action........................ 12/01/23 88 FR 83860
Final Action Effective.............. 01/02/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: [email protected].
RIN: 0648-BM03
54. Amendment 56 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico: Modifications to Catch Limits, Sector
Allocation, and Recreational Fishing Seasons for Gulf of Mexico Gag
[0648-BM46]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Reef Fish Amendment 56 and the rule would modify the
status determination criteria, optimum yield,
[[Page 66794]]
sector catch limits and catch targets and establish a rebuilding
timeline for Gulf gag based on the most recent stock assessment
(Southeast Data Assessment and Review (SEDAR) 72) and recommendations
from the Gulf of Mexico Fishery Management Council's Scientific and
Statistical Committee. The amendment and rule also modify the
recreational accountability measures and fishing season. The stock
assessment indicated that Gulf gag is overfished and was undergoing
overfishing as of 2019, and that a substantial reduction in the total
allowable harvest is necessary to rebuild the stock. The amendment and
final rule also modify the allocation between the commercial and
recreational sectors using adjusted recreational landings estimates.
The need for this action is to use the best scientific information
available to end overfishing of Gulf gag and rebuild the stock to a
level commensurate with maximum sustainable yield, consistent with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/18/23 88 FR 71812
NPRM Comment Period End............. 12/18/23
Final Action........................ 05/10/24 89 FR 40419
Final Action Effective.............. 06/01/24
Correction.......................... 05/29/24 89 FR 46333
Correction Effective................ 06/01/24
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Regional Administrator,
Southeast Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 263 13th Avenue South, St. Petersburg, FL
33701, Phone: 727 824-5305, Email: [email protected].
RIN: 0648-BM46
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
55. Setting and Adjusting Patent Fees During Fiscal Year 2025 [0651-
AD64]
Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Patent fee amounts to
provide the Office with a sufficient aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to decrease patent pendency and ensure robust and reliable
patents are allowed while continuing to promote access to the patent
system for underresourced individuals. This proposal reflects feedback
we have received from members of the Patent Public Advisory Committee
and the public, including organizations, practitioners, and independent
inventors, during a public hearing held on May 18, 2023. As we develop
this regulation, we will be seeking additional public comment through
the rulemaking process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/03/24 89 FR 23226
NPRM Comment Period End............. 06/03/24
Final Action........................ 11/00/24
Final Action Effective.............. 03/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD64
56. Setting and Adjusting Trademark Fees During Fiscal Year 2025 [0651-
AD65]
Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Trademark fee amounts to
provide the Office with a sufficient aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to ensure the integrity of the Trademark register and promote
efficiency of processes while continuing to offer affordable options to
stakeholders. This proposal reflects feedback we have received from
members of the Trademark Public Advisory Committee and the public,
including organizations, practitioners, and small business owners,
during a public hearing held on June 5, 2023. As we develop this
regulation, we will be seeking additional public comment through the
rulemaking process.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/26/24 89 FR 20897
NPRM Comment Period End............. 05/28/24
Final Action........................ 09/00/24
Final Action Effective.............. 01/00/25
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD65
[FR Doc. 2024-16446 Filed 8-15-24; 8:45 am]
BILLING CODE 3410-12-P