Department of Commerce September 2, 2010 – Federal Register Recent Federal Regulation Documents

This action proposes to add certain exemptions from Federal fishing regulations to some or all Northeast (NE) multispecies sector operations plans that were previously approved by the final sector rule published April 9, 2010. That rule approved FY 2010 sector operations plans and contracts and allocations of Annual Catch Entitlements (ACE) for 17 sectors in the NE multispecies fishery. In addition to several universal exemptions approved in the final rule for Amendment 16 the NE Multispecies Fisheries Management Plan (FMP), the final sector rule also approved several additional exemptions from NE multispecies regulations for those sectors that requested them through their respective sector operations plans. The sectors requested several exemptions in the FY 2010 operations plans that NMFS subsequently disapproved for various reasons, including that they were not allowed

NMFS is prohibiting directed fishing for pelagic shelf rockfish for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of pelagic shelf rockfish allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

This action implements a differential Days-at-Sea (DAS) counting factor of 2.0 to Category A DAS for Northeast (NE) multispecies vessels fishing under common pool regulations for the 2010 fishing year (FY) when fishing in the Inshore Gulf of Maine (GOM) Differential DAS Area, the Offshore GOM Differential DAS Area, the Inshore Georges Bank (GB) Differential Area, and the Offshore GB Differential Area. Vessels may transit the GOM and GB Differential DAS Areas without being charged the differential DAS rate, provided their gear is properly stowed according to the regulations. This action also implements a zero possession limit for witch flounder. The purpose is to decrease the likelihood that catch (landings and discards) of white hake and GOM cod will exceed the subcomponent of the annual catch limit (ACL) allocated to the common pool during FY 2010 (May 1, 2010 through April 30, 2011). Because witch flounder has already exceeded its sub-ACL, this action attempts to minimize additional overharvest by reducing the possession limit to zero. This action is taken under the authority of the regulations implementing Amendment 16 and Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery Management Plan (FMP) and authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of Pacific ocean perch allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 12, 2010 Continuation of Emergency Regarding Export Control Regulations.

The Mid-Atlantic Fishery Management Council's (MAFMC) Spiny Dogfish Monitoring Committee will hold a meeting.

The SEDAR update of the assessment of the Gulf of Mexico stock of greater amberjack will consist of a series of webinars. This assessment will update the stock assessment conducted under SEDAR 9. See SUPPLEMENTARY INFORMATION.

On April 14, 2010, the United States Court of International Trade (``CIT'') sustained the remand redetermination \1\ issued by the Department of Commerce (``Department'') pursuant to the CIT's remand order involving the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam.\2\ In Ad Hoc IV, the CIT sustained the Department's finding that dusted shrimp should be included within the scope of these investigations. The Department is therefore now issuing amended final determinations that include dusted shrimp within the scope of the investigations.