REGULATORY AGENDA Semiannual Regulatory Agenda
May 5, 2008 (Volume 73, Number 87)
Unified Agenda
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID: f:ua080504.wais
Page 24652-24676
Department of Commerce
Part IV
Semiannual Regulatory Agenda
Page 24652
DEPARTMENT OF COMMERCE (DOC)
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 2008 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 (Department), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the fall 2007 agenda. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, or issued by the Department. The agenda is intended to facilitate comments and views by interested members of the public.
The Department's spring 2008 regulatory agenda includes regulatory activities that are expected to be conducted during the period April 1, 2008, through March 31, 2009.
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 Jennifer K. Nist, Chief Counsel for
Regulation, Office of the Assistant General Counsel for Legislation and Regulation, U.S. Department of Commerce, Washington, DC 20230; telephone: (202) 482-3151.
SUPPLEMENTARY INFORMATION: Executive Order 12866 requires agencies to publish an agenda of those regulations that are under consideration pursuant to this order. By memorandum of January 31, 2008, the Office of Management and Budget issued guidelines and procedures for the preparation and publication of the spring 2008 Unified Agenda of
Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., 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 agenda also identifies those entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act.
As of the fall 2007 edition, the Internet will be the basic means for disseminating the Unified Agenda. The complete Unified
Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory
Flexibility Act (5 U.S.C. 602), the Department of 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) any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet.
Within the Department, the Office of the Secretary and various operating units may issue regulations. Operating units, such as the
National Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry and Security, and the Patent and Trademark Office issue the greatest share of the Department's regulations.
A large number of regulatory actions reported in the agenda deal with fishery management programs of NOAA's National Marine
Fisheries Service (NMFS). To avoid repetition of programs and definitions, as well as to provide some understanding of the technical and institutional elements of the NMFS programs, an
``Explanation of Information Contained in NMFS Regulatory Entries'' is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) (Act) governs the management of fisheries within the Exclusive Economic Zone (EEZ). The EEZ refers to those waters from the outer edge of the State boundaries, generally 3 nautical miles, to a distance of 200 nautical miles. Fishery
Management Plans (FMPs) are to be prepared for fisheries that require conservation and management measures. Regulations implementing these FMPs regulate domestic fishing and foreign fishing where permitted. Foreign fishing may be conducted in a fishery in which there is no FMP only if a preliminary fishery management plan has been issued to govern that foreign fishing.
Under the Act, eight Regional Fishery Management Councils
(Councils) prepare FMPs or amendments to FMPs for fisheries within their respective areas. In the development of such plans or amendments and their implementing regulations, the Councils are required by law to conduct public hearings on the draft plans and to consider the use of alternative means of regulating.
The Council process for developing FMPs and amendments makes it difficult for NMFS to determine the significance and timing of some regulatory actions under consideration by the Councils at the time the semiannual regulatory agenda is published.
The Department's spring 2008 regulatory agenda follows.
John J. Sullivan,
General Counsel.
Page 24653
International Trade Administration--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
40
Commercial Availability of Fabric and Yarn............................................ 0625-AA59
National Oceanic and Atmospheric Administration--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
41
Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan... 0648-AP60 42
Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery.. 0648-AR63 43
Amendment 72 to the Fishery Management Plan for the Groundfish of the Gulf of Alaska.. 0648-AR72 44
Amendment 1 to the Fishery Management Plan for the Tilefish Fishery................... 0648-AS25 45
Atlantic Highly Migratory Species (HMS); Reducing Sea Turtle Takes.................... 0648-AS49 46
Amendment to Coastal Migratory Pelagics FMP, Red Drum FMP, Reef Fish FMP, Spiny
0648-AS65
Lobster FMP, and Stone Crab FMP To Provide for Regulation of Marine Aquaculture....... 47
Western Pacific Squid Fishery......................................................... 0648-AS71 48
American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate
0648-AT31
Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission. 49
Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan.. 0648-AT58 50
Subsistence Halibut Program Amendments................................................ 0648-AU14 51
BSAI Amendment 73 and GOA Amendment 77 FMP To Revise Management Authority of Dark
0648-AU20
Rockfish.............................................................................. 52
Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the
0648-AU28
South Atlantic Region................................................................. 53
Amendment 15 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. 0648-AU36 54
Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical
0648-AU79
Pacific Ocean......................................................................... 55
Fisheries in the Western Pacific; Precious Corals Fisheries; Fishery Management Plan
0648-AV30 for Amendment 7--Gold and Black Coral Management...................................... 56
South Atlantic Fishery Ecosystem Plan Comprehensive Amendment......................... 0648-AV31 57
Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by
0648-AV32 the Non-American Fishing Act Trawl Catcher Processor Sector........................... 58
Reef Fish Amendment 30A for Greater Amberjack and Gray Triggerfish: Total Allowable
0648-AV34
Catch (TAC) Adjustments, Measures To End Overfishing and Establish Sustainable
Fisheries Act (SFA) Parameters........................................................ 59
Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)
0648-AV53
Environmental Review Procedure........................................................ 60
Guidance for Annual Catch Limits and Accountability Measures To End Overfishing....... 0648-AV60 61
Rule To Implement a Minimum Possession Size Limit on Spiny Lobster (Panulirus argus).. 0648-AV61 62
Collection and Use of Tax Identification Numbers From Holders of and Applicants for
0648-AV76
National Marine Fisheries Service Permits............................................. 63
American Lobster Data Collection and Broodstock Protection Measures................... 0648-AV77 64
Gulf Reef Fish Amendment 30B.......................................................... 0648-AV80 65
Amendment 3 to the Fishery Management Plan for the Spiny Lobster Fishery of Puerto
0648-AV98
Rico and the U.S. Virgin Islands and Amendment 4 to the Reef Fish Fishery Management
Plan of Puerto Rico and the U.S....................................................... 66
National Saltwater Angler Registry and State Exemption Program........................ 0648-AW10 67
Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery
0648-AW11
Management Plan....................................................................... 68
Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery 0648-AW12
Management Plan....................................................................... 69
Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico
0648-AW15 and the U.S. Virgin Islands........................................................... 70
Amendment 7 to the South Atlantic Shrimp Fishery Management Plan...................... 0648-AW19 71
Marine Mammal Protection Act Stranding Regulation Revisions........................... 0648-AW22 72
Revise Regulations Governing the North Pacific Groundfish Observer Program............ 0648-AW24 73
Revise Regulations To Exempt Certain Groundfish Catcher-Processors and Motherships
0648-AW28
From Check-In Check-Out Requirements With Active Vessel Monitoring Systems (VMS)...... 74
Amendment 3 to the Northeast Skate Complex Fishery Management Plan.................... 0648-AW30 75
Amendment 26 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and
0648-AW45
Tanner Crabs.......................................................................... 76
Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to
0648-AW49 the Pelagics Fishery Management Plan; Shallow-Set Longline Swordfish Fishery.......... 77
Establish a Permit Fee Collection Framework Under the Fishery Management Plan for U.S. 0648-AW50
West Coast Fisheries for Highly Migratory Species (HMS FMP)........................... 78
Fisheries in the Western Pacific; Compensation to Northwestern Hawaiian Islands
0648-AW52
Bottomfish and Lobster Fishermen Due to Fishery Closure in the Papahanaumokuakea
Marine National Monument..............................................................
Page 24654
79
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered
0648-AV15
Species Act and Marine Mammal Protection Act.......................................... 80
Designation of Critical Habitat for the Endangered U.S. Distinct Population Segment
0648-AV74
(DPS) of Smalltooth Sawfish........................................................... 81
Marine Mammal Protection Act Permit Regulation Revisions.............................. 0648-AV82 82
Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct
0648-AV94
Population Segment of North American Green Sturgeon................................... 83
Amendment to Discharge Regulations in Gulf of the Farallones, Monterey Bay, and
0648-AW29
Cordell Banks National Marine Sanctuaries.............................................
National Oceanic and Atmospheric Administration--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
84
Require Mandatory Observer Coverage in the At-Sea Processing Sector of the Whiting
0648-AK26
Fishery............................................................................... 85
Revisions to the Scientific Research Activity, Exempted Fishing, and Exempted
0648-AR78
Educational Activity Regulations...................................................... 86
Framework 4 to the Fishery Management Plan for Monkfish............................... 0648-AU34 87
Atlantic Highly Migratory Species; Atlantic Shark Management Measures................. 0648-AU89 88
2008 Summer Flounder, Scup, and Black Sea Bass Recreational Fishery Management
0648-AV41
Measures.............................................................................. 89
Individual Fishing Quota Omnibus V Action 2 and 4: Allow Longline Pot Gear in Bering
0648-AV64
Sea During June; Allow Mobilized Military Personnel To Make Temporary Individual
Fishing Quota Transfers............................................................... 90
General Provisions for Domestic Fisheries; Specifications for Boarding Ladders........ 0648-AV78 91
Framework Adjustment 19 to the Atlantic Sea Scallop Fishery Management Plan........... 0648-AV90 92
Amendment 89 to the Fishery Management Plan for the Bering Sea; Bering Sea Habitat
0648-AW06
Conservation Measures................................................................. 93
Provide Regulations for Permits for Capture, Transport, Import, and Export of
0648-AH26
Protected Species for Public Display, and for Maintaining a Captive Marine Mammal
Inventory............................................................................. 94
Right Whale Ship Strike Reduction..................................................... 0648-AS36 95
Virginia Modified Pound Net Leader Inspection Program................................. 0648-AU98
National Oceanic and Atmospheric Administration--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
96
Joint Amendment to the Fishery Management Plans for the Shrimp (Amendment 14) and Reef 0648-AT87
Fish Fisheries (Amendment 27) of the Gulf of Mexico................................... 97
American Lobster Fishery: Broodstock Protection and Trap Effort Control Regulations
0648-AU07 for Offshore Area 3................................................................... 98
Expansion of the Pacific Coast Groundfish Fishery Vessel Monitoring System to the Open 0648-AU08
Access Fishery........................................................................ 99
Amendment 14 to the Bottomfish and Seamount Groundfish FMP: Measures To End Bottomfish 0648-AU22
Overfishing in the Hawaiian Archipelago............................................... 100
Amendment 15A to the Fishery Management Plan for the Snapper-Grouper Fishery of the
0648-AU29
South Atlantic Region................................................................. 101
Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan...................... 0648-AU32 102
Amendment 85 to the Fishery Management Plan for the Groundfish of the Bering Sea and
0648-AU48
Aleutian Islands (BSAI) Management Area; Pacific Cod Allocations...................... 103
Framework Adjustment to the Bycatch Reduction Criterion for the Fishery Management
0648-AU59
Plan for the Shrimp Fishery of the Gulf of Mexico..................................... 104
Amendment 15 to the Pacific Coast Salmon Fishery Management Plan...................... 0648-AU69 105
Bag Limits for Tuna Species Taken in the Recreational Charter Fishery for the United
0648-AU77
States West Coast Fisheries for Highly Migratory Species.............................. 106
Individual Fishing Quota Processing Restriction Amendments: Processing of IFQ; Non-IFQ 0648-AU85
Species by Vessels Categories B, C, or D in the GOA, BSAI............................. 107
Vessel Monitoring System Revision for Bering Sea and Aleutian Islands and Gulf of
0648-AU93
Alaska Fisheries...................................................................... 108
Atlantic Highly Migratory Species; North and South Atlantic Swordfish Commercial
0648-AV10
Management Measures................................................................... 109
Framework Adjustment to the Fishery Management Plan for the Coastal Migratory Pelagic
0648-AV17
Resources in the Gulf of Mexico and South Atlantic Region............................. 110
Alaska Groundfish Fisheries Seabird Avoidance Measures................................ 0648-AV38 111
Specifications for the 2008 Atlantic Mackerel, Squid, and Butterfish Fisheries........ 0648-AV40
Page 24655
112
Specifications for the 2008 to 2010 Surfclam and Ocean Quahog Fisheries............... 0648-AV42 113
Reef Fish Regulatory Amendment for Vermilion Snapper To Revise Management Measures.... 0648-AV45 114
Rule To Revise the Gulf of Mexico (Gulf) Reef Fish Vessel Monitoring System (VMS)
0648-AV59
Reporting Requirements, Power-Down Exemption, and Red Snapper Individual Fishing Quota
(IFQ) 3-Hour Notification............................................................. 115
FMP Amendments BSAI 88, KTC 23, Scallop 12, and Salmon 9 for the Aleutian Islands
0648-AV62
Habitat Conservation Area Revision.................................................... 116
Framework Adjustment 20 to the Atlantic Sea Scallop Fishery Management Plan To Extend
0648-AV91
Fishing Year 2007 Management Measures for the Elephant Trunk Access Area Through
February 2008......................................................................... 117
2008 Summer Flounder Coastwide Recreational Interim Management Measures............... 0648-AV99 118
Specification of Total Allowable Catch Levels for Georges Bank (GB) Yellowtail
0648-AW13
Flounder, Eastern GB Cod, and Eastern GB Haddock, for Fishing Year 2008............... 119
Georges Bank Cod Hook Sector Operations Plan Approval and Allocation of Georges Bank
0648-AW16
Cod Total Allowable Catch for Fishing Year 2008....................................... 120
Georges Bank Cod Fixed Gear Sector Operations Plan Approval and Allocation of Georges
0648-AW17
Bank Cod Total Allowable Catch for Fishing Year 2008.................................. 121
Pacific Halibut Fisheries; Catch Sharing Plan......................................... 0648-AW26 122
Oregon Coho Salmon Critical Habitat Designation....................................... 0648-AW39 123
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large
0648-AS01
Whale Take Reduction Plan Regulations................................................. 124
Sea Turtle Conservation; Gear Requirements in the Atlantic Sea Scallop Dredge Fishery. 0648-AV84
Department of Commerce (DOC)
Long-Term Actions
International Trade Administration (ITA)
-
COMMERCIAL AVAILABILITY OF FABRIC AND YARN
Legal Authority: PL 106-200, sec 112(b)(5)(B); PL 106-200, sec 211; EO 13191; PL 107-210, sec 3103
Abstract: This rule implements certain provisions of the Trade and
Development Act of 2000 (the Act). Title I of the Act (the African
Growth and Opportunity Act or AGOA), title II of the Act (the United
States-Caribbean Basin Trade Partnership Act or CBTPA), and title XXXI of the Trade Act of 2002 (the Andean Trade Promotion and Drug
Eradication Act or ATPDEA) provide for quota- and duty-free treatment for qualifying apparel products from designated beneficiary countries.
AGOA and CBTPA authorize quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more designated beneficiary countries from yarn or fabric that is not formed in the United States or a beneficiary country, provided it has been determined that such yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner. The President has delegated to the Committee for the
Implementation of Textile Agreements (the Committee), which is chaired by Commerce, the authority to determine whether yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the ATPDEA, and the CBTPA, and has authorized the Committee to extend quota- and duty-free treatment to apparel of such yarn or fabric. The rule provides the procedure for interested parties to submit a request alleging that a yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner, the procedure for public comments, and relevant factors that will be considered in the Committee's determination. The rule also outlines the factors to be considered by the Committee in extending quota- and duty-free treatment.
Timetable:
Action
Date
FR Cite
NPRM
To Be
Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Janet Heinzen
Phone: 202 482-4006
Email: janet--heinzen@ita.doc.gov
RIN: 0625-AA59
Page 24656
Department of Commerce (DOC)
Proposed Rule Stage
National Oceanic and Atmospheric Administration (NOAA)
NATIONAL MARINE FISHERIES SERVICE
-
AMENDMENT 9 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY
MANAGEMENT PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish
(MSB) Fishery Management Plan (FMP) was developed by the Mid-Atlantic
Fishery Management Council to remedy deficiencies in the FMP and to address other issues that have arisen since Amendment 8 to the MSB FMP became effective in 1998. Amendment 9 to the MSB FMP considers: allowing multi-year specifications and management measures; extending or eliminating the moratorium on entry into the directed Illex fishery; revising current biological reference points for Loligo; designating essential fish habitat (EFH) for Loligo eggs; implementing closures of
EFH areas to reduce gear impacts from MSB fisheries; increasing the
Loligo possession limit for Illex vessels during a closure of the
Loligo fishery; and requiring real-time electronic reporting via a vessel monitoring system in the Illex fishery.
Timetable:
Action
Date
FR Cite
NPRM
04/04/08
73 FR 18483
NPRM Comment Period End
05/19/08
Final Action
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AP60
-
MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE-BASED PACIFIC
WHITING FISHERY
Legal Authority: 16 USC 1801 et seq
Abstract: The Pacific Fishery Management Council (Pacific Council) at their October 21 to 25, 1996, meeting in San Francisco, California addressed the treatment and disposition of salmon in the groundfish trawl fisheries, specifically the shore-based whiting fishery. At that meeting, the Pacific Council discussed the retention of salmon in the shore-based whiting fishery and took action to maintain a viable shore- based whiting fishery by using exempted fishing permits (EFPs). These
EFPs allowed the shore-based whiting fleet to temporarily deliver unsorted catch to processing plants and provided for the monitoring of incidentally taken salmon until a permanent monitoring program could be implemented. In keeping with the Pacific Council's recommendation, NMFS is proceeding with implementing a monitoring program for the shore- based whiting fishery. This action will aid in the sustainable management of Pacific Coast salmon and groundfish fisheries while providing an important economic opportunity to those associated with the harvest, processing, and selling of whiting taken by the shore- based whiting fleet. The need for implementing a permanent monitoring program in the shore-based Pacific whiting fishery is to provide for a full retention fishery by enabling the shore-based whiting fleet, composed exclusively of catcher vessels, to deliver unsorted catch to processing plants. This practice is necessary to ensure that whiting landings are of market quality, while abiding by Federal groundfish regulations and those implementing the Pacific Coast salmon and groundfish fishery management plans (FMPs).
Timetable:
Action
Date
FR Cite
NPRM
11/00/08
NPRM Comment Period End
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: D. Robert Lohn, Regional Administrator, Northwest
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115- 0070
Phone: 206 526-6150
Fax: 206 526-6426
RIN: 0648-AR63
-
AMENDMENT 72 TO THE FISHERY MANAGEMENT PLAN FOR THE GROUNDFISH OF
THE GULF OF ALASKA
Legal Authority: 16 USC 1801 et seq
Abstract: This amendment would revise the Gulf of Alaska (GOA)
Groundfish Fishery Management Plan to state that the Council will annually review the discards of shallow-water flatfish in Gulf of
Alaska groundfish fisheries. After review of this annual report, the
Council may recommend revisions to the retention and utilization requirements if the discard rate for shallow-water flatfish falls above or below a specified threshold. This fishery management plan has no implementing regulations.
Timetable:
Action
Date
FR Cite
NPRM
07/00/08
NPRM Comment Period End
08/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AR72
-
AMENDMENT 1 TO THE FISHERY MANAGEMENT PLAN FOR THE TILEFISH FISHERY
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 1 to the Fishery Management Plan for the Tilefish
Fishery would implement Individual Fishing Quotas in the tilefish fishery.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AS25
Page 24657
-
ATLANTIC HIGHLY MIGRATORY SPECIES (HMS); REDUCING SEA TURTLE TAKES
Legal Authority: 16 USC 971; 16 USC 1801 et seq
Abstract: This action would amend the regulations governing the
Atlantic pelagic longline fishery based upon a June 1, 2004, Biological
Opinion regarding Atlantic sea turtles. This amendment could include framework mechanisms that would allow the Agency to take action, such as partial or rolling closures or gear or effort restrictions, if the number of sea turtle interactions or mortalities exceed anticipated levels during a certain period of time. This action would not change established quotas for target species.
Timetable:
Action
Date
FR Cite
ANPRM
08/12/04
69 FR 49858
ANPRM Comment Period End
10/12/04
NPRM
11/00/08
NPRM Comment Period End
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AS49
-
AMENDMENT TO COASTAL MIGRATORY PELAGICS FMP, RED DRUM FMP, REEF FISH
FMP, SPINY LOBSTER FMP, AND STONE CRAB FMP TO PROVIDE FOR REGULATION OF
MARINE AQUACULTURE
Legal Authority: 16 USC 1801 et seq
Abstract: The purpose of the amendment is to develop a regulatory permitting process for regulating and promoting environmentally sound and economically sustainable aquaculture in the Gulf exclusive economic
Zone. Possible management actions include: (1) Types of aquaculture permits required; (2) duration of aquaculture permits; (3) conditions for permit issuance; (4) species allowed for aquaculture; (5) allowable aquaculture systems; (6) designation of sites or areas for conducting aquaculture; (7) buffer zones for aquaculture facilities; (8) recordkeeping and reporting requirements; and (9) regulations to aid in the enforcement of marine aquaculture facilities.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AS65
-
WESTERN PACIFIC SQUID FISHERY
Legal Authority: 16 USC 1801 et seq
Abstract: Pelagic squid would be designated as a management unit species under the Western Pacific Pelagics Fishery Management Plan, and permitting and reporting requirements would be established.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814
Phone: 808 944-2207
RIN: 0648-AS71
-
AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO
COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC
STATES MARINE FISHERIES COMMISSION
Legal Authority: 16 USC 5101 et seq
Abstract: The National Marine Fisheries Service announces that it is considering, and seeking public comment on, revisions to Federal
American lobster regulations for the Exclusive Economic Zone (EEZ) associated with effort control measures as recommended for Federal implementation by the Atlantic States Marine Fisheries Commission
(ASFMC) as outlined in the Interstate Fishery Management Plan (ISFMP) for American lobster. This action will evaluate effort control measures in certain Lobster Conservation Management Areas including: Limits on future access based on historic participation criteria; procedures to allow trap transfers among qualifiers and impose a trap reduction or conservation tax on any trap transfers; and a trap reduction schedule to meet the goals of the ISFMP.
Timetable:
Action
Date
FR Cite
ANPRM
05/10/05
70 FR 24495
ANPRM Comment Period End
06/09/05
NPRM
12/00/08
NPRM Comment Period End
02/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AT31
-
AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY
MANAGEMENT PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: This action would implement a rebuilding program for butterfish.
Timetable:
Action
Date
FR Cite
NPRM
06/00/08
NPRM Comment Period End
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of
Page 24658
Commerce, National Oceanic and Atmospheric Administration, One
Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AT58
-
SUBSISTENCE HALIBUT PROGRAM AMENDMENTS
Legal Authority: 16 USC 1801 et seq; 16 USC 773 et seq
Abstract: The action would amend regulations for the Subsistence
Halibut Program by: (1) Revising the subsistence gear restrictions in
Kodiak and adding seasonal gear and vessel limits in the Sitka Sound
Local Area Management Plan (LAMP) area; (2) adding the village of
Naukati to the list of eligible subsistence halibut communities; (3) implementing a possession limit equal to two daily bag limits to enhance enforcement; (4) revising the definition of charter vessel; (5) revising regulations allowing customary trade; and (6) allowing the use of special permits within non-subsistence use areas by tribes eligible for the permits.
Timetable:
Action
Date
FR Cite
NPRM
04/14/08
73 FR 20008
NPRM Comment Period End
05/14/08
Final Action
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AU14
-
BSAI AMENDMENT 73 AND GOA AMENDMENT 77 FMP TO REVISE MANAGEMENT
AUTHORITY OF DARK ROCKFISH
Legal Authority: 16 USC 1801 et seq
Abstract: This amendment would remove dark rockfish (/Sebastes ciliatus/) from the Bering Sea and Aleutian Islands (BSAI) and Gulf of
Alaska (GOA) groundfish fishery management plans (FMP). The State of
Alaska would then assume management of dark rockfish in the BSAI and
GOA. Regulatory amendments are needed to implement these FMP amendments to remove dark rockfish from Table 2a of 50 CFR part 679 (FMP species) to add dark rockfish to Table 2d of 50 CFR part 679 (non-FMP species).
The regulations implementing Amendment 73/77 also would revise the scientific name and species code for dusky rockfish on Table 2a to 50
CFR part 679.
Timetable:
Action
Date
FR Cite
NPRM
06/00/08
NPRM Comment Period End
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AU20
-
AMENDMENT 14 TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER-GROUPER
FISHERY OF THE SOUTH ATLANTIC REGION
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 14 would establish a series of 8 Type II Marine
Protected Areas (MPAs) in federal waters in the South Atlantic. The
MPAs range in size from 8 square nautical miles to 150 square nautical miles, and would be distributed from North Carolina south to the
Florida Keys. Within the MPAs, fishing for or retention of species in the snapper grouper management complex would be prohibited, as would the use of shark bottom longline fishing gear. Trolling for pelagic species such as tuna, dolphin, and mackerel would be allowed within the
MPAs.
Timetable:
Action
Date
FR Cite
Notice
07/20/06
71 FR 41207
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AU28
-
AMENDMENT 15 TO THE SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS
FISHERY MANAGEMENT PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 15 would address allocation and other issues in the summer flounder, scup, and black sea bass fisheries.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AU36
-
RESTRICTIONS FOR 2007 PURSE SEINE AND LONGLINE FISHERIES IN THE
EASTERN TROPICAL PACIFIC OCEAN
Legal Authority: 16 USC 951 to 961; 16 USC 971
Abstract: The National Marine Fisheries Service announces the 2007 conservation and management measures for international tuna fisheries in the eastern tropical Pacific Ocean. The purse seine fishery will be closed for six weeks and any national longline fishery which reaches a catch level for bigeye tuna equal to the 2001 catch levels will also be closed. The intended effect of this rule is to establish prohibition of
U.S. vessels purse seine fishing for tuna in the Inter-American
Tropical Tuna Commission (IATTC) Convention Area from November 20 to
December 31 period, and to announce the closure of the U.S. longline fishery. This will conform to the IATTC recommendation that was approved by the State Department.
Page 24659
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Mark Helvey, Assistant Regional Administrator for
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802
Phone: 562 980-4040
RIN: 0648-AU79
-
FISHERIES IN THE WESTERN PACIFIC; PRECIOUS CORALS FISHERIES; FISHERY
MANAGEMENT PLAN FOR AMENDMENT 7--GOLD AND BLACK CORAL MANAGEMENT
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 7 to the Fishery Management Plan for Precious Coral
Fisheries in the Western Pacific would establish the Auau Channel,
Hawaii, black coral bed as an established bed with an annual harvest quota of 5,000 kg every 2 years, and would place a 5-year moratorium on the harvest of gold coral in the Western Pacific.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814
Phone: 808 944-2207
RIN: 0648-AV30
-
SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT
Legal Authority: 16 USC 1801 et seq
Abstract: The purpose of this action is to develop an ecosystem-based approach to resource management. The South Atlantic Council plans to develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which would modify all its Fishery Management Plan's (FMPs). The initial amendment would include the following actions: (1) Various actions to comply with new essential fish habitat requirements; (2) establishment of deep water coral Habitat Areas of Particular Concern, with possible gear limitations, such as the establishment of allowable trawl areas; and (3) other possible actions necessary to implement ecosystem-based fishery management.
Timetable:
Action
Date
FR Cite
NPRM
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV31
-
MODIFYING MAXIMUM RETAINABLE AMOUNTS (MRAS) FOR SELECTED GROUNDFISH
SPECIES CAUGHT BY THE NON-AMERICAN FISHING ACT TRAWL CATCHER PROCESSOR
SECTOR
Legal Authority: 16 USC 1801
Abstract: The National Marine Fisheries Service issues this action to amend regulations specifying the current interval of time allowed for determining the maximum retainable amount (MRA) of selected groundfish species that can be retained by non-American Fishery Act trawl catcher processors. This action would change MRA regulations located at 50 CFR 679.20(e) that establish the calculation of MRAs for groundfish species that are closed to directed fishing by increasing the interval of time each vessel in this sector would have to retain the MRA specified in regulation for several species in the Bering Sea and Aleutian Islands.
This action is intended to promote the goals and objectives of the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands Management Area.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
NPRM Comment Period End
11/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AV32
-
REEF FISH AMENDMENT 30A FOR GREATER AMBERJACK AND GRAY TRIGGERFISH:
TOTAL ALLOWABLE CATCH (TAC) ADJUSTMENTS, MEASURES TO END OVERFISHING AND
ESTABLISH SUSTAINABLE FISHERIES ACT (SFA) PARAMETERS
Legal Authority: 16 USC 1801 et seq
Abstract: Greater amberjack are under a rebuilding plan. A 2006 stock assessment (SEDAR 9) concluded the stock is not recovering as projected. It continues to be overfished and is undergoing overfishing.
Adjustments to TAC and management measures are needed to end overfishing and bring the recovery of the greater amberjack stock back into compliance with its ten-year rebuilding time frame. Gray triggerfish were determined to be undergoing overfishing based on a 2006 stock assessment (SEDAR 9). Management measures are necessary to end overfishing of gray triggerfish. Additionally, the Council has not yet approved post-Sustainable Fisheries Act benchmarks and reference points for gray triggerfish.
Timetable:
Action
Date
FR Cite
NPRM
11/09/07
72 FR 63537
NPRM Comment Period End
12/10/07
NPRM
04/08/08
73 FR 19040
NPRM Comment Period End
05/23/08
Final Action
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Page 24660
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV34
-
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION
ACT (MSRA) ENVIRONMENTAL REVIEW PROCEDURE
Legal Authority: 16 USC 1801
Abstract: NOAA fisheries amends its regulations to develop procedures pursuant to section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) (Pub. L. 109-479), which requires NOAA Fisheries to revise and update agency procedures for complying with the National Environmental Policy Act (NEPA) in context of fishery management actions. The MSRA provides that the resulting procedures will be the sole environmental impact assessment procedure for fishery management actions, and that they must: Conform to the time lines for review and approval of fishery management plans and plan amendments; and integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments, and other actions taken or approved pursuant to this Act in order to provide for timely, clear, and concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the public.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
08/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV53
-
GUIDANCE FOR ANNUAL CATCH LIMITS AND ACCOUNTABILITY MEASURES TO END
OVERFISHING
Legal Authority: 16 USC 1853
Abstract: Section 104(b) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA), requires that in fishing year 2010, for fisheries determined by the Secretary to be subject to overfishing, and in fishing year 2011, for all other fisheries, that fishery management plans establish annual catch limits
(ACLs), including regulations and annual specifications, at a level such that overfishing does not occur in a fishery, including measures to ensure accountability.
The National Marine Fisheries Service intends to prepare guidance on how to establish adequate ACLs and AMs by revising its National
Standard 1 (NS1) guidelines at 50 CFR 600.310.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AV60
-
RULE TO IMPLEMENT A MINIMUM POSSESSION SIZE LIMIT ON SPINY LOBSTER
(PANULIRUS ARGUS)
Legal Authority: 16 USC 1801
Abstract: The United States is a major importer of spiny lobster from the Caribbean, importing over 88,000 tons (over 194 million lbs.) over the past 10 years, worth an estimated $2.27 billion dollars. The United
States imports over 90 percent of the spiny lobster harvested in
Brazil, Colombia, Central America, and the Caribbean countries. The major exporters to the United States are the Bahamas, Brazil, Honduras, and Nicaragua. All of these exporting countries have some form of minimum size requirement, but they are not standardized and enforcement is severely lacking. Therefore, NOAA Fisheries Service in coordination with the Caribbean, South Atlantic, and Gulf of Mexico Fishery
Management Councils is proposing to place a minimum size limit restriction on imports to curtail the flow of undersized lobster harvested in foreign countries.
Timetable:
Action
Date
FR Cite
Notice
07/26/07
72 FR 41063
NPRM
10/00/08
NPRM Comment Period End
11/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV61
-
COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND
APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS
Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 16 USC 1531 et seq
Abstract: In conformance with the Debt Collection Improvement Act of 1996 (Debt Collection Act), the National Marine Fisheries Service
(NMFS) will issue a rule to require that each existing holder of and future applicant for a permit, license, endorsement, authorization, transfer, or like instrument issued by the agency to provide a Taxpayer
Identification Number (TIN) (business' employer identification number or individual's social security number) and Date of Incorporation or
Date of Birth, as appropriate. Under the Debt Collection Act, NMFS is required to collect the TIN to report on and collect any delinquent non-tax debt owed to the Federal Government. NMFS plans to use Date of
Incorporation or Date of Birth information for administrative aspects of permitting procedures with appropriate confidentiality safeguards pursuant to the Privacy Act. The rule will specify: (a) The particular uses that may be made of the reported TIN, (b)
Page 24661
the effects, if any, of not providing the required information, (c) how the information will be used to ascertain if the permit holder or applicant owes delinquent non-tax debt to the Government pursuant to the Debt Collection Act, (d) the effects on the permit holder or applicant when such delinquent debts are owed and, (e) the agency's intended communications with the permit holder or applicant regarding the relationship of such delinquent debts to its permitting process and the need to resolve such debts as a basis for completing permit issuance or renewal. The rule will amend existing agency permit regulations and contain all appropriate modified and new collections- of-information pursuant to the Paperwork Reduction Act.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AV76
-
AMERICAN LOBSTER DATA COLLECTION AND BROODSTOCK PROTECTION MEASURES
Legal Authority: 16 USC 5101 et seq
Abstract: NMFS is considering the implementation of management measures in the Federal lobster fishery, consistent with recommendations for
Federal action as specified in the Atlantic States Marine Fisheries
Commission's Interstate Fishery Management Plan for American Lobster.
These proposed management measures include: 100 percent mandatory dealer reporting requirements for Federal lobster dealers; implementation of a maximum size limit (maximum carapace length restriction) in several Lobster Management Areas (LMA); and revision to the definition of a V-notch for protection of egg-bearing female lobsters in several LMAs in the Federal American lobster fishery.
Timetable:
Action
Date
FR Cite
ANPRM
09/19/07
72 FR 53978
ANPRM Comment Period End
10/22/07
NPRM
05/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV77
-
GULF REEF FISH AMENDMENT 30B
Legal Authority: 16 USC 1801
Abstract: Amendment 30B addresses the findings of Gulf of Mexico red grouper and gag stock assessments. Red grouper is not undergoing overfishing and is not overfished. Gag is undergoing overfishing and whether gag are overfished is still being determined. This action incorporates both red grouper and gag management measures together as the measures affecting one species invariably affect the other. The amendment would implement management measures to increase red grouper total allowable catch and to end overfishing of gag. The amendment also proposes definitions for gag status criteria and reference points. The amendment also examines grouper accountability measures, closed fishing areas, and ways to reduce discard mortality.
Timetable:
Action
Date
FR Cite
Notice
03/07/08
73 FR 12393
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV80
-
AMENDMENT 3 TO THE FISHERY MANAGEMENT PLAN FOR THE SPINY LOBSTER
FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS AND AMENDMENT 4 TO
THE REEF FISH FISHERY MANAGEMENT PLAN OF PUERTO RICO AND THE U.S.
Legal Authority: 16 USC 1801
Abstract: Many species of fish in the reef fish fishery in Puerto Rico and the USVI are believed to be overexploited, largely due to trap fishing and bycatch associated with this fishery. Landings from the trap fishery have continuously decreased since 1990 in Puerto Rico; species composition has changed; and size frequency of some fish has decreased over the last 10 years. These effects have been attributed to excessive trap fishing effort, lack of compliance with trap construction requirements (i.e., fishers often do not use the required biodegradable fasteners on trap doors), use of other gears by commercial fishers (e.g., gill nets), and the lack of escape panels in traps which would allow smaller fishes to escape, resulting in high mortality of juveniles and a loss of long-term potential yield. Under current fishing practices, bycatch and the associated mortality of bycatch is not expected to be reduced sufficiently in the reef fish or spiny lobster trap fisheries. Without a reduction in bycatch, those stocks experiencing overfishing may become overfished, and those stocks overfished may not meet the goals of the rebuilding plan set forth in the Sustainable Fisheries Act Amendment of 2005. Therefore, the use of escape panels as a management tool is proposed in this amendment to help achieve the necessary reductions in fishing mortality among the species harvested by traps.
Timetable:
Action
Date
FR Cite
NPRM
01/00/09
NPRM Comment Period End
02/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Page 24662
Email: roy.crabtree@noaa.gov
RIN: 0648-AV98
-
[bull] NATIONAL SALTWATER ANGLER REGISTRY AND STATE EXEMPTION
PROGRAM
Legal Authority: 16 USC 1881
Abstract: This action would implement Magnuson-Stevens Fishery
Conservation and Management Act requirements for a recreational fishing registration program, which includes procedures for exempting recreational fishermen and charter fishing vessels from the registration requirements if they are licensed, permitted, or registered by qualifying states.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Gordon Colvin, Fishery Biologist, Department of
Commerce, National Oceanic and Atmospheric Administration, NOAA
Fisheries, 1315 East-West Highway, SSMC3, Silver Spring, MD 20910
Phone: 301 713-2367
Fax: 301-713-1875
Email: gordon.colvin@noaa.gov
RIN: 0648-AW10
-
[bull] AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL
SNAPPER GROUPER FISHERY MANAGEMENT PLAN
Legal Authority: 16 USC 1801
Abstract: Amendment 17 is intended to: Establish a means to address overages in commercial quotas and recreational allocations; adjust golden tilefish management measures; specify the annual number of black sea bass tags and pots; reduce bycatch of deep water species; and address additional management measures identified by the Council.
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
NPRM Comment Period End
01/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AW11
-
[bull] AMENDMENT 15B TO THE SOUTH ATLANTIC FISHERY MANAGEMENT
COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN
Legal Authority: 16 USC 1801
Abstract: Amendment 15B would assess the practicability of prohibiting the sale of recreationally caught fish; assess the practicability of changes to the renewal period on commercial snapper grouper permits; assess the practicability of allowing one-to-one transfer of commercial permits from an individual to a family-held corporation; implement a plan to monitor and assess bycatch; implement measures to minimize the impacts of incidental take on sea turtles and smalltooth sawfish; update management reference points for golden tilefish; and define allocation for snowy grouper and black sea bass.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AW12
-
[bull] AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN
CONCH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS
Legal Authority: 16 USC 1801
Abstract: NMFS amends its regulations to implement a change in fishing practices needed to help achieve the necessary reductions in queen conch fishing mortality. St. Croix queen conch landings by commercial fishermen alone have exceeded sustainable harvest levels since the 2000 to 2001 fishing season. In 2005 to 2006 the commercial harvest was over four times sustainable levels. Additionally, there is an unknown but significant recreational harvest. Overfishing of queen conch has led to resource collapse in other regions and in some cases, long-term resource loss. According to the NMFS Report on the Status of the U.S.
Fisheries for 2006, queen conch is overfished and undergoing overfishing. Under current fishing practices, reductions in mortality are not expected to be sufficient in the queen conch fishery. Without a reduction in mortality, queen conch are not expected to achieve the rebuilding goals established in the Sustainable Fisheries Amendment of 2005.
Timetable:
Action
Date
FR Cite
Notice of Intent
10/11/07
72 FR 58057
NPRM
05/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AW15
-
[bull] AMENDMENT 7 TO THE SOUTH ATLANTIC SHRIMP FISHERY MANAGEMENT
PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: The South Atlantic Fishery Management Council (Council) in conjunction with NMFS intends to prepare a DEIS to assess the impacts on the natural and human environment of the management measures proposed in its draft Amendment 7 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the South Atlantic Region. Options will address the 15,000-pound landings requirement for permits, permits that may have been lost due to not meeting the 15,000-pound requirement or failure to renew the limited entry permit, and requirements
Page 24663
for all shrimp permit holders to provide economic data if selected.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AW19
-
[bull] MARINE MAMMAL PROTECTION ACT STRANDING REGULATION REVISIONS
Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421
Abstract: The National Marine Fisheries Service (NMFS) is considering proposing changes to its implementing regulations (50 CFR 216) governing the taking of stranded marine mammals under section 109(h), section 112(c), and title IV of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends to clarify the requirements and procedures for responding to stranded marine mammals and for determining the disposition of rehabilitated marine mammals, which includes the procedures for the placement of non- releasable animals and for authorizing the retention of releasable rehabilitated marine mammals for scientific research, enhancement, or public display.
Timetable:
Action
Date
FR Cite
ANPRM
01/31/08
73 FR 5786
ANPRM Comment Period End
03/31/08
Second ANPRM
03/28/08
73 FR 16617
Second ANPRM Comment Period End 04/30/08
NPRM
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: David Cottingham, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East West Highway, Silver
Spring, MD 20910
Phone: 301 713-2322
Email: david.cottingham@noaa.gov
RIN: 0648-AW22
-
[bull] REVISE REGULATIONS GOVERNING THE NORTH PACIFIC GROUNDFISH
OBSERVER PROGRAM
Legal Authority: 118 Stat 110; 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et seq; PL 108-199
Abstract: This rulemaking would revise Federal regulations relevant to numerous administrative and procedural requirements applicable to observer providers, observers, and industry participating in the North
Pacific Groundfish Observer Program. Specifically, the proposed actions would: Modify the current permit issuance process so that observer and observer provider permit issuance is a discretionary NMFS decision; amend current Federal regulations addressing observer behavior involving drugs, alcohol, and physical sexual conduct to remove NMFS oversight of observer behavior that does not affect job performance; require that observer providers submit policies related to these activities and continue to notify NMFS upon learning of an incident; revise Federal regulations so that observer providers are allowed to provide observers or technical staff for purposes of exempted fishing permits, scientific research permits, or other scientific research activities; revise the definition of ``fishing day'' in Federal regulations; require observer providers to annually submit detailed economic information to NMFS; specify a date by which observers who have collected data in the previous fishing year would be required to be available for debriefing; and implement housekeeping issues related to errors or clarifications in existing regulations at 50 CFR 679.50.
Timetable:
Action
Date
FR Cite
NPRM
08/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AW24
-
[bull] REVISE REGULATIONS TO EXEMPT CERTAIN GROUNDFISH CATCHER-
PROCESSORS AND MOTHERSHIPS FROM CHECK-IN CHECK-OUT REQUIREMENTS WITH
ACTIVE VESSEL MONITORING SYSTEMS (VMS)
Legal Authority: 16 USC 1801 et seq
Abstract: This regulatory amendment would exempt groundfish catcher- processors (CPs) and motherships carrying a transmitting vessel monitoring system (VMS) unit from check-in and check-out requirements in Alaska Region groundfish fishing regulations. The current check-in/ out regulation requires CPs and motherships to submit check-in/out reports before they deploy gear in, or begin to process fish from,
Federal management areas off Alaska. Additional reports are required for the use of additional gears, or for changes in the status (e.g., community development quota, exempted permit) of the fish being targeted. For many years the Alaska Region has required groundfish CPs and mothership vessels to file check-in check-out reports. This information was used for in-season management. However, in recent years new sources of information have become available, such as VMS, which make check in/out reports unnecessary.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AW28
-
[bull] AMENDMENT 3 TO THE NORTHEAST SKATE COMPLEX FISHERY MANAGEMENT
PLAN
Legal Authority: 16 USC 1801
Abstract: Amendment 3 is intended to address the overfished status of winter
Page 24664
and thorny skates, and prevent other skate species in the complex from becoming overfished. It will establish a rebuilding program for winter skate, and modify the Skate FMP to reduce fishing mortality on the entire skate complex.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
NPRM Comment Period End
11/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AW30
-
[bull] AMENDMENT 26 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA/
ALEUTIAN ISLANDS KING AND TANNER CRABS
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 26 to the FMP would amend the FMP to exempt quota share issued to crew members, and the annual harvest privileges derived from that quota share, from requirements for: Delivery to specific processors; delivery within specific geographic regions; and participation in an arbitration system to resolve price disputes. This action is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, the FMP, and other applicable law. This FMP has no implementing regulations.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
NPRM Comment Period End
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James Balsiger, Department of Commerce, National
Oceanic and Atmospheric Administration, 709 West Ninth Street, Juneau,
AK 99801
Phone: 907 586-7221
Email: jim.balisger@noaa.gov
RIN: 0648-AW45
-
[bull] FISHERIES IN THE WESTERN PACIFIC; WESTERN PACIFIC PELAGIC
FISHERIES; AMENDMENT 18 TO THE PELAGICS FISHERY MANAGEMENT PLAN;
SHALLOW-SET LONGLINE SWORDFISH FISHERY
Legal Authority: 16 USC 1801
Abstract: The Hawaii-based shallow-set longline fishery currently operates under regulations that limit fishing effort and interactions with sea turtles. This action would increase fishing opportunities, while continuing to protect turtles and other protected resources.
Timetable:
Action
Date
FR Cite
NPRM
08/00/08
NPRM Comment Period End
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814
Phone: 808 944-2207
RIN: 0648-AW49
-
[bull] ESTABLISH A PERMIT FEE COLLECTION FRAMEWORK UNDER THE FISHERY
MANAGEMENT PLAN FOR U.S. WEST COAST FISHERIES FOR HIGHLY MIGRATORY
SPECIES (HMS FMP)
Legal Authority: 16 USC 1801
Abstract: Development of a proposed rule to establish the authority to collect permit fees under the Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory Species. This rule would amend the
FMP regulations under 50 CFR 660.707 to establish a permit fee collection framework for HMS commercial and recreational charter vessels operating off the West Coast. The action is consistent with and implements elements of the NMFS Permit Fee National Policy Directive 30-120.
Timetable:
Action
Date
FR Cite
NPRM
08/00/08
NPRM Comment Period End
09/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Craig Heberer, Fisheries Biologist, Department of
Commerce, National Oceanic and Atmospheric Administration, 501 West
Ocean Boulevard, Long Beach, CA 90802
Phone: 760 431-9440
Fax: 562 980-4047
Email: craig.heberer@noaa.gov
RIN: 0648-AW50
-
[bull] FISHERIES IN THE WESTERN PACIFIC; COMPENSATION TO
NORTHWESTERN HAWAIIAN ISLANDS BOTTOMFISH AND LOBSTER FISHERMEN DUE TO
FISHERY CLOSURE IN THE PAPAHANAUMOKUAKEA MARINE NATIONAL MONUMENT
Legal Authority: PL 110-161
Abstract: The Consolidated Appropriations Act of 2008 authorizes the
Secretary of Commerce to provide compensation to bottomfish and lobster fishery participants who will be displaced by the 2011 fishery closure resulting from the establishment by Presidential Proclamation of the
Papahanaumokuakea Marine National Monument, Northwestern Hawaiian
Islands. NMFS (designee of the Secretary) is required to promulgate regulations to implement a voluntary capacity reduction program that:
(1) Identifies eligible participants as those individuals holding
Federal fishing permits for lobster or bottomfish in the designated waters within the monument, (2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits, and (3) at the option of each eligible permit holder, provides an optional mechanism for additional compensation based on the value of the fishing vessel and gear of eligible participants who decide to receive these additional funds, provided that the vessels of such participants will not be used for fishing. For this purpose, $6,697,500 is authorized to be appropriated to the NMFS for FY-2008.
Timetable:
Action
Date
FR Cite
NPRM
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Page 24665
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814
Phone: 808 944-2207
RIN: 0648-AW52
-
PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION
UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT
Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543
Abstract: NMFS is considering whether to propose regulations to protect killer whales (Orcinus orca) in the Pacific Northwest. The Southern
Resident killer whale distinct population segment (DPS) was listed as endangered under the Endangered Species Act (ESA) on November 18, 2005
(70 FR 69903). In the final rule announcing the listing, NMFS identified vessel effects, including direct interference and sound, as a potential contributing factor in the recent decline of this population. Both the Marine Mammal Protection Act (MMPA) and the ESA prohibit take, including harassment, of killer whales, but these statutes do not prohibit specified acts. NMFS is now considering whether to propose regulations that would prohibit certain acts, under our general authorities under the ESA and MMPA and their implementing regulations. The Proposed Recovery Plan for Southern Resident killer whales (71 FR 69101, November 29, 2006) includes as a management action the evaluation of current guidelines and the need for regulations and/ or protected areas. The scope of this action encompasses the activities of any person or conveyance that may result in the unauthorized taking of killer whales and/or that may cause detrimental individual-level and population-level impacts. NMFS requests comments on whether--and if so, what type of--conservation measures, regulations, and, if necessary, other measures would be appropriate to protect killer whales from the effects of these activities.
Timetable:
Action
Date
FR Cite
ANPRM
03/22/07
72 FR 13464
ANPRM Comment Period End
04/23/07
NPRM
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James H. Lecky, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2332
RIN: 0648-AV15
-
DESIGNATION OF CRITICAL HABITAT FOR THE ENDANGERED U.S. DISTINCT
POPULATION SEGMENT (DPS) OF SMALLTOOTH SAWFISH
Legal Authority: 16 USC 1531 et seq
Abstract: This action would designate critical habitat for the U.S. DPS of smalltooth sawfish, which was listed as endangered on April 1, 2003.
The designation would be located in Florida, within the current geographic range of the species. Comments from the public on the proposal, including information on the economic impacts, national security, and other relevant documents, as well as the benefits to the species from the designation will be solicited during a 60-day comment period. A draft economic analysis and section 4(b)(2) report will be conducted in support of this proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
06/00/08
NPRM Comment Period End
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Shelley L. Norton, Smalltooth Sawfish and Johnson's
Seagrass Coordinator, Department of Commerce, National Oceanic and
Atmospheric Administration, 253 13th Avenue South, St. Petersburg, FL 33701
Phone: 727 551-5781
Fax: 727 524-5309
Email: shelley.norton@noaa.gov
RIN: 0648-AV74
-
MARINE MAMMAL PROTECTION ACT PERMIT REGULATION REVISIONS
Legal Authority: 16 USC 1374
Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR part 216) governing the issuance of permits for scientific research and enhancement activities under section 104 of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends to streamline and clarify general permitting requirements and requirements for scientific research and enhancement permits, simplify procedures for transferring marine mammal parts, possibly apply the General
Authorization (GA) to research activities involving Level A harassment of non-endangered marine mammals, and implement a ``permit application cycle'' for application submission and processing of all marine mammal permits. NMFS intends to write regulations for marine mammal photography permits and is considering whether this activity should be covered by the GA.
Timetable:
Action
Date
FR Cite
ANPRM
09/13/07
72 FR 52339
ANPRM Comment Period End
11/13/07
NPRM
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James H. Lecky, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2332
RIN: 0648-AV82
-
RULEMAKING TO ESTABLISH TAKE PROHIBITIONS FOR THE THREATENED
SOUTHERN DISTINCT POPULATION SEGMENT OF NORTH AMERICAN GREEN STURGEON
Legal Authority: 16 USC 1531 to 1543
Abstract: Under section 4(d) of the Federal Endangered Species Act
(ESA), the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. This rulemaking would establish an ESA 4(d) rule representing regulations that NMFS believes necessary and advisable to conserve the threatened Southern Distinct Population Segment of North
American green sturgeon (Southern DPS of green sturgeon). The 4(d) rule would apply the prohibitions listed under ESA
Page 24666
section 9(a)(1)(A) and 9(a)(1)(D) through 9(a)(1)(G) for the Southern
DPS and apply ESA section 9(a)(1)(B) and (a)(1)(C) prohibitions (called the ``take prohibitions'') to specific activities that take Southern
DPS fish or alter its habitat in a manner detrimental to the continued existence of the species. The 4(d) rule would include exceptions to the take prohibitions for activities conducted in a way that NMFS deems adequate to protect or conserve the Southern DPS.
Timetable:
Action
Date
FR Cite
NPRM
10/00/08
NPRM Comment Period End
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Lisa Manning, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver Spring,
MD 20910
Phone: 301 713-1401
Email: lisa.manning@noaa.gov
RIN: 0648-AV94
NATIONAL OCEAN SERVICE
-
[bull] AMENDMENT TO DISCHARGE REGULATIONS IN GULF OF THE FARALLONES,
MONTEREY BAY, AND CORDELL BANKS NATIONAL MARINE SANCTUARIES
Legal Authority: 16 USC 1434 et seq
Abstract: This rule, part of the Joint Management Plan Review for the three northern California sanctuaries, addresses the need to revise
NOAA's discharge regulations for large vessels to be consistent with
California law. The rule would prohibit discharge of treated waste from vessels 300 gross registered tons or more (that are not cruise ships) while within the sanctuaries. If the vessel does not have the capacity to hold the waste while in the sanctuaries, it can discharge sewage like any other vessel in the sanctuary other than cruise ships. The rule also prohibits discharge of graywater from vessels 300 gross registered tons or more (that are not cruise ships while within the
Monterey Bay National Marine Sanctuary (MBNMS). (The Gulf of the
Farallones and Cordell Bank National Marine Sanctuaries already prohibit discharge of graywater.) If the vessel does not have the capacity to hold the waste while in the MBNMS, it can discharge graywater like any other vessel in the MBNMS other than cruise ships.
Timetable:
Action
Date
FR Cite
NPRM
05/00/08
Final Action
01/00/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Sean Morton, Department of Commerce, National Oceanic and Atmospheric Administration, Silver Spring, MD 20910
Phone: 301 713-7264
Email: sean.morton@noaa.gov
RIN: 0648-AW29
Department of Commerce (DOC)
Final Rule Stage
National Oceanic and Atmospheric Administration (NOAA)
NATIONAL MARINE FISHERIES SERVICE
-
REQUIRE MANDATORY OBSERVER COVERAGE IN THE AT-SEA PROCESSING SECTOR
OF THE WHITING FISHERY
Legal Authority: 16 USC 1801 et seq
Abstract: This action amends the regulations implementing the Pacific
Coast Groundfish Fishery Management Plan to provide for a mandatory, vessel-financed observer program on at-sea processing vessels.
Timetable:
Action
Date
FR Cite
NPRM
09/10/03
68 FR 53334
NPRM Comment Period End
10/10/03
Interim Final Rule
06/07/04
69 FR 31751
Interim Final Rule Comment
Period End
07/07/04
Final Action
10/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: D. Robert Lohn, Regional Administrator, Northwest
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115- 0070
Phone: 206 526-6150
Fax: 206 526-6426
RIN: 0648-AK26
-
REVISIONS TO THE SCIENTIFIC RESEARCH ACTIVITY, EXEMPTED FISHING, AND
EXEMPTED EDUCATIONAL ACTIVITY REGULATIONS
Legal Authority: 16 USC 1801 et seq
Abstract: The National Marine Fisheries Service amends the regulations at 50 CFR 600.745. The action is intended to provide clearer guidance to the public for obtaining appropriate acknowledgments and permits and to facilitate the timely conduct of research to address bycatch and habitat issues in the fisheries.
Timetable:
Action
Date
FR Cite
NPRM
03/18/08
73 FR 14428
NPRM Comment Period End
04/04/08
Final Action
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AR78
-
FRAMEWORK 4 TO THE FISHERY MANAGEMENT PLAN FOR MONKFISH
Legal Authority: 16 USC 1801 et seq
Page 24667
Abstract: This framework adjustment would establish target TACs of 5,000 mt and 5,100 mt for the Northern Fishery Management Area (NFMA) and Southern Fishery Management Area (SFMA), respectively, for the final 3 years of the rebuilding plan (FY 2007 to FY 2009), unless otherwise modified by the Monkfish Monitoring Committee (MFMC) during their annual review process. Essentially, this framework adjustment would remove the Framework 2 control rule and replace it with target
TACs that were developed based upon an analysis conducted by the
Monkfish Plan Development Team (PDT). This framework would also implement monkfish Days-at-Sea requirements for vessels fishing in the
NFMA, and addresses other minor issues raised by industry.
Timetable:
Action
Date
FR Cite
NPRM and Proposed Interim Rule 03/20/07
72 FR 13069
NPRM Comment Period End
04/19/07
Interim Final Rule
04/27/07
72 FR 20952
Interim Final Rule
09/21/07
72 FR 53942
Interim Final Rule Comment
Period End
10/22/07
Final Action
05/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AU34
-
ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT
MEASURES
Legal Authority: 16 USC 1801 et seq
Abstract: This rule would reevaluate the management measures for large coastal sharks (LCS) and pelagic sharks based on the 2005/2006 LCS stock assessment, the 2006 dusky shark stock assessment, and the
Canadian 2005 porbeagle shark stock assessment. This rulemaking could consider, among other things, changes to existing rebuilding plans for overfished species, commercial quotas and trip limits, recreational minimum size and bag limits, and the public display quota. In addition, this rule would likely reevaluate the Mid-Atlantic shark closure and its role in the rebuilding plan for LCS. This action is necessary in light of recent stock assessments, which have determined that dusky and sandbar sharks are overfished with overfishing occurring, the status is unknown for the Atlantic blacktip shark population, and porbeagle sharks are likely overfished. In addition, the 2005/2006 LCS stock assessment determined it is inappropriate to assess the LCS complex as a whole, which has been the basis of managing these species since 1993.
Timetable:
Action
Date
FR Cite
NPRM
07/27/07
72 FR 41392
NPRM Comment Period Extended 10/03/07
72 FR 56330
NPRM Comment Period End
10/10/07
Comment Period End
11/02/07
Final Action
08/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AU89
-
2008 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL FISHERY
MANAGEMENT MEASURES
Legal Authority: 16 USC 1801
Abstract: This action would establish the recreational management measures (minimum fish size, possession limits, and fishing seasons) for the 2008 summer flounder, scup, and black sea bass recreational fisheries. The annual recreational management measures are considered to be annual specifications. This action was initially assigned to the 2008 fluke, scup, and BSB specifications; that action published under 0648-XC84 because the action contained no implementing regulations.
This acion was reassigned to the recreational management measures on
January 23, 2008.
Timetable:
Action
Date
FR Cite
NPRM
03/21/08
73 FR 15111
NPRM Comment Period End
04/21/08
Final Action
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV41
-
INDIVIDUAL FISHING QUOTA OMNIBUS V ACTION 2 AND 4: ALLOW LONGLINE
POT GEAR IN BERING SEA DURING JUNE; ALLOW MOBILIZED MILITARY PERSONNEL
TO MAKE TEMPORARY INDIVIDUAL FISHING QUOTA TRANSFERS
Legal Authority: 16 USC 1801
Abstract: The regulatory action amends existing commercial fishing regulations at 50 CFR part 679. The amendment would enhance the management of the halibut and sablefish Individual Fishing Quota (IFQ) fisheries, as well as the sablefish Community Development Quota (CDQ) fishery. In June 2006, the North Pacific Fishery Management Council recommended a suite of four amendments to the halibut and sablefish IFQ fishery regulations, otherwise known as OMNI V. This proposed action addresses Action 2 and Action 4 of the Council's proposed regulatory amendments. The action would amend regulations to (1) Allow the use of longline pot gear in the Bering Sea sablefish IFQ and CDQ fisheries during the month of June; and (2) allow the temporary transfer of IFQ held by mobilized reservists and guardsmen.
Timetable:
Action
Date
FR Cite
NPRM
03/05/08
73 FR 11851
NPRM Comment Period End
04/04/08
Final Action
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National
Page 24668
Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AV64
-
GENERAL PROVISIONS FOR DOMESTIC FISHERIES; SPECIFICATIONS FOR
BOARDING LADDERS
Legal Authority: 16 USC 1801 et seq; 16 USC 2431 et seq; 16 USC 3636(b); 16 USC 5501 et seq; 16 USC 773 et seq; 16 USC 951 to 961; 16
USC 973 to 973r; 16 USC 971 et seq
Abstract: This regulation would require domestic fishing vessels to have a U.S. Coast Guard-approved pilot ladder on board as a safer means for authorized personnel to board the vessels in carrying out their duties under the Magnuson-Stevens Fishery Conservation and Management
Act, the Atlantic Tunas Convention Act, and other applicable laws. This action is necessary to provide for the safety of personnel boarding domestic fishing vessels, as current standards have proven to be inadequate. This action would establish a safer and more enforceable national standard for ladders used by authorized officers for boarding domestic fishing vessels subject to Federal regulation.
Timetable:
Action
Date
FR Cite
NPRM
12/11/07
72 FR 70286
NPRM Comment Period End
01/10/08
Second NPRM
01/25/08
73 FR 4514
Second NPRM Comment Period End 02/25/08
Final Action
05/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AV78
-
FRAMEWORK ADJUSTMENT 19 TO THE ATLANTIC SEA SCALLOP FISHERY
MANAGEMENT PLAN
Legal Authority: 16 USC 1801
Abstract: Framework 19 would establish management measures for the scallop fishery for the 2008 and 2009 fishing years. It will include measures to implement new management measures developed and implemented under Amendment 11 to the Scallop FMP, if approved. Management measures in Framework 19 would include scallop days-at-sea and trip allocations, new area closures and/or access areas, and allocations for scallop fishing in the groundfish closed areas. It would also include improvements to some current management measures to make management of the scallop fishery more efficient and effective.
Timetable:
Action
Date
FR Cite
NPRM
03/19/08
73 FR 14748
NPRM Comment Period End
04/08/08
Final Action
07/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV90
-
AMENDMENT 89 TO THE FISHERY MANAGEMENT PLAN FOR THE BERING SEA;
BERING SEA HABITAT CONSERVATION MEASURES
Legal Authority: 16 USC 1801 et seq
Abstract: This regulatory amendment would implement Amendment 89 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area. The regulations would prohibit nonpelagic trawling in certain areas of the Bering Sea subarea to protect bottom habitat and certain nearshore bottom habitat areas that provide subsistence resources. The amendment also would provide for a Northern
Bering Sea research area where the effects of nonpelagic trawling may be studied.
Timetable:
Action
Date
FR Cite
NPRM
03/07/08
73 FR 12357
NPRM Comment Period End
04/21/08
Final Action
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AW06
-
PROVIDE REGULATIONS FOR PERMITS FOR CAPTURE, TRANSPORT, IMPORT, AND
EXPORT OF PROTECTED SPECIES FOR PUBLIC DISPLAY, AND FOR MAINTAINING A
CAPTIVE MARINE MAMMAL INVENTORY
Legal Authority: 16 USC 1372(c)
Abstract: This rule will revise and simplify criteria and procedures specific to permits for taking, transporting, importing, and exporting protected species for public display and provide convenient formats for reporting marine mammal captive holdings and transports as required by amendments made in 1994 to the Marine Mammal Protection Act.
Timetable:
Action
Date
FR Cite
NPRM
07/03/01
66 FR 35209
NPRM Comment Period Extended 08/22/01
66 FR 44109
NPRM Comment Period End
09/04/01
NPRM Comment Period Extended 11/02/01
Final Action
12/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Tanya Dobrzynski, Marine Resource Manager, Office of
Protected Resources, Department of Commerce, National Oceanic and
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2289
RIN: 0648-AH26
Page 24669
-
RIGHT WHALE SHIP STRIKE REDUCTION
Legal Authority: 16 USC 1361
Abstract: These regulations would establish speed restrictions to reduce the number of deaths to North Atlantic right whales as a result of collisions with vessels, which account for more confirmed right whale deaths than any other anthropogenic cause. Speed restrictions would be limited to areas and times when North Atlantic right whales and ships overlap to reduce the likelihood of ship strikes to the extent practicable.
Timetable:
Action
Date
FR Cite
ANPRM
06/01/04
69 FR 30857
ANPRM Comment Period Extended 07/09/04
69 FR 41446
ANPRM Comment Period Extended 09/13/04
69 FR 55135
NPRM
06/26/06
71 FR 36299
NPRM Comment Period Extended 08/14/06
71 FR 46440
NPRM Comment Period End
08/25/06
NPRM Comment Period End
10/05/06
Final Action
11/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: James H. Lecky, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2332
RIN: 0648-AS36
-
VIRGINIA MODIFIED POUND NET LEADER INSPECTION PROGRAM
Legal Authority: 16 USC 1531 et seq
Abstract: With this action, NMFS issues a rule to implement an inspection program for modified pound net leaders in the Virginia waters of the mainstem Chesapeake Bay. Previous regulations (71 FR 36024, June 23, 2006) required modified pound net leaders in a portion of the Virginia Chesapeake Bay from May 6 to July 15 each year, and this action would ensure that leaders used in that area do in fact meet the definition of a modified pound net leader. To comply with the inspection program, a pound net fisherman intending to set a modified leader must call NMFS to arrange for an inspection meeting. Then, the fisherman must meet NMFS and allow for the inspection of his or her gear to ensure the modified leader meets the definition of a modified pound net leader, as described in the regulations. The purpose of this action is to help protect threatened and endangered sea turtles, while enabling fishermen to use leaders, an important component of pound net gear, during the regulated period.
Timetable:
Action
Date
FR Cite
NPRM
03/01/07
72 FR 9297
NPRM Comment Period End
04/02/07
Final Action
06/00/08
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Carrie Upite, Fishery Biologist, Department of
Commerce, National Oceanic and Atmospheric Administration, One
Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9300
Email: carrie.upite@noaa.gov
RIN: 0648-AU98
Department of Commerce (DOC)
Completed Actions
National Oceanic and Atmospheric Administration (NOAA)
-
JOINT AMENDMENT TO THE FISHERY MANAGEMENT PLANS FOR THE SHRIMP
(AMENDMENT 14) AND REEF FISH FISHERIES (AMENDMENT 27) OF THE GULF OF
MEXICO
Legal Authority: 16 USC 1801 et seq
Abstract: Shrimp and reef fish in the Gulf of Mexico are managed under their respective FMPs. Both fisheries contribute to fishing mortality on reef fish, especially juvenile and undersized red snapper. Age-0 and
Age-1 red snapper are taken by shrimp trawls, and Age-2 and older red snapper are caught in the directed commercial and recreational red snapper fishery. Red snapper is overfished and undergoing overfishing, and reducing fishing mortality on these younger age classes is needed to help rebuild the stock. Actions to reduce bycatch of red snapper are anticipated to reduce bycatch fishing mortality for other reef fish species as well. The Gulf Council began work on the joint amendment, which will consider a variety of harvesting and gear restrictions to further reduce fishing mortality and fishing effort in the shrimp and red snapper fisheries. In August 2006, the Gulf Council deferred working on this amendment until new information was available in
January 2007. However, by postponing the development of a plan amendment, measures to address overfishing during the 2007 fishing season would not occur, further delaying progress in stock recovery.
Thus, to address overfishing on the red snapper stock for 2007, NMFS is developing an interim rule.
Timetable:
Action
Date
FR Cite
NPRM
12/14/06
71 FR 75220
NPRM Comment Period End
01/26/07
Interim Final Rule
04/02/07
72 FR 15617
Interim Final Rule Effective 05/02/07
Second NPRM
10/23/07
72 FR 59989
Second NPRM Comment Period End 12/07/07
Interim Final Rule
09/24/07
72 FR 54233
Correction
02/29/08
73 FR 11051
Final Action
01/29/08
73 FR 5117
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AT87
Page 24670
-
AMERICAN LOBSTER FISHERY: BROODSTOCK PROTECTION AND TRAP EFFORT
CONTROL REGULATIONS FOR OFFSHORE AREA 3
Legal Authority: 16 USC 5101 et seq
Abstract: This rule would modify Federal American lobster regulations based on recommendations to the National Marine Fisheries Service
(NMFS) by the Atlantic States Marine Fisheries Commission (Commission) as part of the Commission's Interstate Fishery Management Plan for
American Lobster (ISFMP). The modifications to enhance protection to
American lobster broodstock and control trap fishing effort would:
Increase the minimum legal lobster size limit from 3 3/8 inches to 3 1/ 2 inches in Lobster Conservation Management Area (Area) 3; increase the size of rectangular and circular lobster trap escape vents by 1/16 inch effective July 1, 2010, in Area 3; and implement a 4 stage schedule of annual trap reductions that would reduce the amount of traps allocated in Area 3 by up to 15 percent.
Timetable:
Action
Date
FR Cite
ANPRM
12/13/05
70 FR 73717
ANPRM Comment Period End
01/12/06
NPRM
06/20/07
72 FR 33955
NPRM Comment Period End
08/06/07
Final Action
10/05/07
72 FR 56935
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AU07
-
EXPANSION OF THE PACIFIC COAST GROUNDFISH FISHERY VESSEL MONITORING
SYSTEM TO THE OPEN ACCESS FISHERY
Legal Authority: 16 USC 1851, sec 301
Abstract: This action expands the current vessel monitoring system
(VMS) program by requiring all vessels fishing pursuant to the harvest guidelines, quotas, and other management measures governing the open access groundfish fishery to provide declaration reports and to activate and use a VMS transceiver while fishing off the coasts of
Washington, Oregon, and California. Any commercial fishing vessel that is not registered to a limited entry groundfish permit and that is used to take and retain groundfish in the Exclusive Economic Zone (EEZ) (3- 200 nm from shore) that possesses groundfish while transiting the EEZ, or that lands groundfish taken in the EEZ is considered to be participating in the open access groundfish fishery. Vessel using non- groundfish trawl gear to fish in the EEZ will be included, whether or not groundfish is retained, for the purpose of monitoring vessel activity in relation to essential fish habitat.
Timetable:
Action
Date
FR Cite
NPRM
08/08/07
72 FR 44469
NPRM Comment Period End
09/07/07
Final Action
12/07/07
72 FR 69162
Regulatory Flexibility Analysis Required: Yes
Agency Contact: D. Robert Lohn, Regional Administrator, Northwest
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115- 0070
Phone: 206 526-6150
Fax: 206 526-6426
RIN: 0648-AU08
-
AMENDMENT 14 TO THE BOTTOMFISH AND SEAMOUNT GROUNDFISH FMP: MEASURES
TO END BOTTOMFISH OVERFISHING IN THE HAWAIIAN ARCHIPELAGO
Legal Authority: 16 USC 1801 et seq
Abstract: The Pacific Islands Regional Administrator notified the
Western Pacific Council in May 2005 that the bottomfish species complex in the Hawaiian Archipelago is in a state of overfishing. This action would amend the fishery management plan to implement measures to end overfishing in the bottomfish complex.
Timetable:
Action
Date
FR Cite
NOA
12/27/07
72 FR 73308
NPRM
02/01/08
73 FR 6101
NOA Comment Period End
02/25/08
NPRM Comment Period End
03/07/08
Final Action
04/04/08
73 FR 18450
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alvin Katekaru, Assistant Regional Administrator,
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814
Phone: 808 944-2207
RIN: 0648-AU22
-
AMENDMENT 15A TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER-
GROUPER FISHERY OF THE SOUTH ATLANTIC REGION
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 15A would: Establish biological reference points and status determination criteria for snowy grouper, black sea bass, and red porgy; and establish rebuilding schedules and strategies, where needed, for snowy grouper, black sea bass, and red porgy.
Timetable:
Action
Date
FR Cite
NOA
12/28/07
72 FR 73747
Final Action
03/20/08
73 FR 14942
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AU29
-
AMENDMENT 11 TO THE ATLANTIC SEA SCALLOP FISHERY MANAGEMENT PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 11 would limit access and control effort in the
General Category sector of the scallop fishery.
Timetable:
Action
Date
FR Cite
NOA
11/30/07
72 FR 67691
Page 24671
NPRM
12/17/07
72 FR 71315
Comment Period End
01/29/08
NPRM Comment Period End
01/31/08
Final Action
04/14/08
73 FR 20090
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AU32
-
AMENDMENT 85 TO THE FISHERY MANAGEMENT PLAN FOR THE GROUNDFISH OF
THE BERING SEA AND ALEUTIAN ISLANDS (BSAI) MANAGEMENT AREA; PACIFIC COD
ALLOCATIONS
Legal Authority: 16 USC 1801
Abstract: This rulemaking would modify the current Bering Sea and
Aleutian Island (BSAI) Pacific cod allocations among the jig, trawl, hook-and-line, and pot gear sectors. The current harvest patterns vary significantly from sector allocations that have been in place since 1997. This action is necessary to establish allocations that better reflect actual use by sector, while considering socio-economic and community factors.
Timetable:
Action
Date
FR Cite
NOA
12/07/06
71 FR 70943
NOA Comment Period End
02/05/07
Proposed Rule
02/07/07
72 FR 5654
Proposed Rule Comment Period End03/26/07
Final Action
09/04/07
72 FR 50788
Correction
10/24/07
72 FR 60285
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AU48
-
FRAMEWORK ADJUSTMENT TO THE BYCATCH REDUCTION CRITERION FOR THE
FISHERY MANAGEMENT PLAN FOR THE SHRIMP FISHERY OF THE GULF OF MEXICO
Legal Authority: 16 USC 1801 et seq
Abstract: The Gulf of Mexico Fishery Management Council (Council) developed Amendment 9 to the Shrimp FMP, which established a requirement for the use of Bycatch Reduction Devices (BRDs) in the shrimp fishery of the western Gulf of Mexico. Amendment 9 also established criteria by which BRDs would be tested and certified for use in the shrimp fishery of the western Gulf of Mexico. Since that time, many changes have occurred in both the directed red snapper fishery and the shrimp fishery to affect the fishing mortality reduction requirements. Because of changes in the shrimp fishery, existing certified BRDs reduce fishing mortality by a lesser amount than originally documented, and no new BRDs have been developed for use in the shrimp fishery. NMFS is taking this action to modify the existing BRD certification criteria. The intent of this change is to better address reductions in bycatch of red snapper, and to better address National Standard 9 of the Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:
Action
Date
FR Cite
NPRM
10/12/07
72 FR 58031
NPRM Comment Period End
11/13/07
Final Action
02/13/08
73 FR 8219
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AU59
-
AMENDMENT 15 TO THE PACIFIC COAST SALMON FISHERY MANAGEMENT PLAN
Legal Authority: 16 USC 1801 et seq
Abstract: Amendment 15 to the Pacific Coast Salmon Fishery Management
Plan (FMP) would implement provisions that provide de minimis fishing opportunity during periods when the status of Klamath River fall
Chinook is such that no fishing opportunities would be allowed under the current FMP without use of the emergency rule process, as was necessary for the 2006 salmon season. The conservation objective for
Klamath River fall Chinook, which includes an annual natural spawning escapement floor of 35,000 adults, with respect to determining when stock status would trigger a Conservation Alert or an Overfishing
Concern, will not change.
Timetable:
Action
Date
FR Cite
NPRM
12/20/06
71 FR 76270
NPRM Comment Period End
02/20/07
Final Action
02/25/08
73 FR 9960
Regulatory Flexibility Analysis Required: Yes
Agency Contact: D. Robert Lohn, Regional Administrator, Northwest
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, 7600 Sand Point Way NE., Building 1, Seattle, WA 48115- 0070
Phone: 206 526-6150
Fax: 206 526-6426
RIN: 0648-AU69
-
BAG LIMITS FOR TUNA SPECIES TAKEN IN THE RECREATIONAL CHARTER
FISHERY FOR THE UNITED STATES WEST COAST FISHERIES FOR HIGHLY MIGRATORY
SPECIES
Legal Authority: 16 USC 1801
Abstract: This action implements bag limits for tuna species taken by
West Coast recreational fisheries. This regulation will also institute a daily bag limit for albacore and bluefin tuna harvested in State and
Federal waters off California, Oregon, and Washington. The bag limited is needed to address resource conservation efforts.
Timetable:
Action
Date
FR Cite
NPRM
06/27/07
72 FR 35213
NPRM Comment Period End
07/27/07
Final Action
10/15/07
72 FR 58258
Regulatory Flexibility Analysis Required: Yes
Page 24672
Agency Contact: Mark Helvey, Assistant Regional Administrator for
Sustainable Fisheries, Department of Commerce, National Oceanic and
Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802
Phone: 562 980-4040
RIN: 0648-AU77
-
INDIVIDUAL FISHING QUOTA PROCESSING RESTRICTION AMENDMENTS:
PROCESSING OF IFQ; NON-IFQ SPECIES BY VESSELS CATEGORIES B, C, OR D IN
THE GOA, BSAI
Legal Authority: 16 USC 1801 et seq; 16 USC 773 et seq
Abstract: This action would modify the halibut and sablefish Individual
Fishing Quota (IFQ) Program regulations to allow: (1) Processing of non-IFQ species on a vessel that is otherwise authorized to process non-IFQ species when any amount of IFQ halibut resulting from catcher vessel quota share (QS) is held by fishermen on board a vessel in the
Bering Sea and Aleutian Islands and Gulf of Alaska; and (2) processing catcher/processor QS on board a vessel on which persons possess catcher vessel QS.
Timetable:
Action
Date
FR Cite
NPRM
11/14/07
72 FR 64034
NPRM Comment Period End
12/14/07
Final Action
02/15/08
73 FR 9922
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AU85
-
VESSEL MONITORING SYSTEM REVISION FOR BERING SEA AND ALEUTIAN
ISLANDS AND GULF OF ALASKA FISHERIES
Legal Authority: 16 USC 1801
Abstract: The regulatory amendment is necessary to clarify the requirements for vessel monitoring systems (VMS) for vessels operating in the fisheries of the Bering Sea and Aleutian Islands management area and Gulf of Alaska. The revision would require all federally permitted vessels to operate a VMS when the fishery is open for which the vessel is endorsed. In addition, the revision would require all federally permitted vessels to operate a VMS in State of Alaska waters when VMS operation is also required in Federal waters.
Timetable:
Action
Date
FR Cite
NPRM
06/19/07
72 FR 33732
NPRM Comment Period End
07/19/07
NPRM Comment Period Extended 08/02/07
72 FR 42369
NPRM Comment Period End
09/04/07
Final Action
11/09/07
72 FR 63500
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AU93
-
ATLANTIC HIGHLY MIGRATORY SPECIES; NORTH AND SOUTH ATLANTIC
SWORDFISH COMMERCIAL MANAGEMENT MEASURES
Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq
Abstract: This rule will modify the 2006 fishing season quotas for
North and South Atlantic Swordfish based on recent updated landings information. This action will also establish initial North and South
Atlantic quotas and seasons for 2007, and will implement recommendations from the 2006 meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This rule is necessary to ensure that current swordfish quotas account for underharvests from the 2005 fishing year, consistent with regulations at 50 CFR part 635, and implement ICCAT recommendations that establish the U.S. North and
South Atlantic swordfish allocations.
Timetable:
Action
Date
FR Cite
NPRM
06/18/07
72 FR 33436
NPRM Comment Period End
07/18/07
Final Action
10/05/07
72 FR 56929
Final Action Effective
11/05/07
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 20910
Phone: 301 713-2334
RIN: 0648-AV10
-
FRAMEWORK ADJUSTMENT TO THE FISHERY MANAGEMENT PLAN FOR THE COASTAL
MIGRATORY PELAGIC RESOURCES IN THE GULF OF MEXICO AND SOUTH ATLANTIC
REGION
Legal Authority: 16 USC 1801 et seq
Abstract: The regulatory amendment would adjust the trip limits for
Atlantic migratory group Spanish mackerel to track the new fishing year
(March 1 to end of February).
Timetable:
Action
Date
FR Cite
NPRM
01/03/08
73 FR 439
NPRM Comment Period End
02/04/08
Final Action
02/11/08
73 FR 7676
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV17
-
ALASKA GROUNDFISH FISHERIES SEABIRD AVOIDANCE MEASURES
Legal Authority: 16 USC 1801
Abstract: This regulatory amendment would revise Alaska groundfish fisheries regulations effecting seabird avoidance gear standards to hook-and-
Page 24673
line vessels operating in the Exclusive Economic Zone and portions of inside waters where birds of concern occur. The revision would remove seabird avoidance gear requirements in portions of inside waters where birds of concern do not occur. A weather safety exemption would be added to the regulations for small vessels, and the Seabird Avoidance
Plan requirement would be deleted because it was found to be an unnecessary measure to ensure the proper use of seabird avoidance gear.
Timetable:
Action
Date
FR Cite
NPRM
09/19/07
72 FR 53516
NPRM Comment Period End
10/19/07
Final Action
12/18/07
72 FR 71601
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AV38
-
SPECIFICATIONS FOR THE 2008 ATLANTIC MACKEREL, SQUID, AND
BUTTERFISH FISHERIES
Legal Authority: 16 USC 1801
Abstract: This action would establish fishery specifications for the 2008 Atlantic mackerel, squid, and butterfish fisheries.
Timetable:
Action
Date
FR Cite
NPRM Comment Period End
01/08/07
NPRM
12/28/07
72 FR 73749
NPFM Comment Period Reopened 01/29/08
73 FR 5153
Comment Period End
02/05/08
Final Action
04/04/08
73 FR 18443
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV40
-
SPECIFICATIONS FOR THE 2008 TO 2010 SURFCLAM AND OCEAN QUAHOG
FISHERIES
Legal Authority: 16 USC 1801
Abstract: This action would establish fishery specifications for the 2008 to 2010 surfclam and ocean quahog fisheries.
Timetable:
Action
Date
FR Cite
NPRM
11/15/07
72 FR 64187
NPRM Comment Period End
12/17/07
Final Action
01/04/08
73 FR 820
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV42
-
REEF FISH REGULATORY AMENDMENT FOR VERMILION SNAPPER TO REVISE
MANAGEMENT MEASURES
Legal Authority: 16 USC 1801 et seq
Abstract: The purpose of the regulatory amendment is to revise management measures implemented through Amendment 23 to the Fishery
Management Plan for the Reef Fish Fishery of the Gulf of Mexico. These management measures need to be revised because a recent stock assessment resulted in a change of stock status to not overfished or undergoing overfishing. The regulatory amendment contains two management alternatives. Alternative 1 is the no action alternative and would maintain the regulations implemented by Amendment 23. Preferred
Alternative 2 reverses management measures originally implemented by
Amendment 23. Specifically, the actions in Preferred Alternative 2 include: Reducing the recreational and commercial minimum size limit from 11 to 10 inches total length; ending the April 22 to May 31 commercial seasonal closure; eliminating the 10 fish bag limit for vermilion snapper; and retaining vermilion snapper in the current 20- fish aggregate bag limit for those reef fish species without species- specific bag limits.
Timetable:
Action
Date
FR Cite
NPRM
03/22/07
72 FR 20980
NPRM Comment Period End
05/14/07
Final Rule
01/03/08
73 FR 406
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV45
-
RULE TO REVISE THE GULF OF MEXICO (GULF) REEF FISH VESSEL
MONITORING SYSTEM (VMS) REPORTING REQUIREMENTS, POWER-DOWN EXEMPTION,
AND RED SNAPPER INDIVIDUAL FISHING QUOTA (IFQ) 3-HOUR NOTIFICATION
Legal Authority: 16 USC 1801
Abstract: This action would revise NOAA Fisheries Service requirements applicable to the commercial reef fish fishery in the Gulf and to incorporate a minor revision to the 3-hour notification requirement in the Gulf red snapper IFQ program. Because some VMS units draw more power than anticipated, an unintended consequence of this action is that a vessel's battery can be drained while in port and not fishing, unless hooked up to an external power source. To alleviate this problem, NOAA Fisheries Service is proposing an in-port exemption allowing a VMS unit to send a position report once every 4 hours, rather than every hour. This would reduce the power requirements of the
VMS unit and allow other important safety equipment (e.g., bilge pumps) on a vessel to operate. In addition, this problem would also be addressed by adding ``in port'' as a qualifier for the power-down exemption should a vessel be inactive for 72 consecutive hours or more.
Thus the rule would revise current regulations to reflect revisions made in the NOAA Office of Law Enforcement's Vessel Monitoring System
Requirements document to address this vessel power issue. The rule would clarify the requirements of VMS in the reef fish fishery. This
Page 24674
includes requirements for owners/operators of qualified vessels to apply for and obtain a VMS power-down exemption and add a grandfather clause to address VMS units approved for use in the Gulf reef fish fishery. The rule would also expand the allowable methods for communicating the 3-hour advance notification of landing in the IFQ program. Currently, the 3-hour notification can only be conducted by phone, which has proven to be impracticable in some cases.
Timetable:
Action
Date
FR Cite
NPRM
08/06/07
72 FR 43583
NPRM Comment Period End
08/21/07
Final Action
12/27/07
72 FR 73270
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov
RIN: 0648-AV59
-
FMP AMENDMENTS BSAI 88, KTC 23, SCALLOP 12, AND SALMON 9 FOR THE
ALEUTIAN ISLANDS HABITAT CONSERVATION AREA REVISION
Legal Authority: 16 USC 1801
Abstract: The fishery management plan amendments would revise the
Aleutian Islands Habitat Conservation Area to ensure bottom trawling is prohibited in areas of known coral and sponge habitat and little fishing and allow for fishing in areas historically fished and not known to contain coral and sponge habitat. This action is necessary to ensure the North Pacific Fishery Management Council's intent for protection of sensitive habitat and to allow continued historical bottom trawl fishing is implemented.
Timetable:
Action
Date
FR Cite
NPRM
11/21/07
72 FR 65539
NPRM Comment Period End
01/07/08
Final Action
02/19/08
73 FR 9035
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
RIN: 0648-AV62
-
FRAMEWORK ADJUSTMENT 20 TO THE ATLANTIC SEA SCALLOP FISHERY
MANAGEMENT PLAN TO EXTEND FISHING YEAR 2007 MANAGEMENT MEASURES FOR THE
ELEPHANT TRUNK ACCESS AREA THROUGH FEBRUARY 2008
Legal Authority: 16 USC 1801
Abstract: Framework 20 would extend the management measures of an interim action implemented in December of 2006. The interim action delayed the opening of the Elephant Trunk Sea Scallop Access Area
(ETAA), reduced the number of ETAA trips per vessel, reduced the number of general category vessel trips, and prohibited vessels fishing in the
ETAA from leaving the ETAA with more than 50 U.S. bu of in-shell scallops. The interim action expires on December 26, 2007, and
Framework 20 would continue the measures through February 29, 2008.
Timetable:
Action
Date
FR Cite
NPRM
10/30/07
72 FR 61320
NPRM Comment Period End
11/14/07
Final Action
12/21/07
72 FR 72626
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV91
-
2008 SUMMER FLOUNDER COASTWIDE RECREATIONAL INTERIM MANAGEMENT
MEASURES
Legal Authority: 16 USC 1801 et seq
Abstract: The action would implement coastwide management measures
(i.e., minimum fish size, possession limit, and season) as the 2008 regulatory default for the recreational summer flounder fishery until new measures, either state-by-state conservation equivalency or different coastwide measures based on the updated 2007 assessment, are put in place in late spring/early summer 2008.
Timetable:
Action
Date
FR Cite
NPRM
09/28/07
72 FR 55166
NPRM Comment Period End
10/15/07
Final Action
11/21/07
72 FR 65466
Final Action Effective
12/18/07
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV99
-
[bull] SPECIFICATION OF TOTAL ALLOWABLE CATCH LEVELS FOR GEORGES
BANK (GB) YELLOWTAIL FLOUNDER, EASTERN GB COD, AND EASTERN GB HADDOCK,
FOR FISHING YEAR 2008
Legal Authority: 16 USC 1801 et seq
Abstract: Under the Northeast (NE) Multispecies Fishery Management Plan
(FMP) and the U.S./Canada Resource Sharing Understanding, three Georges
Bank (GB) stocks are managed in coordination with Canada: GB yellowtail flounder, Eastern GB cod, and Eastern GB haddock. For these three shared stocks, on an annual basis, the New England Fishery Management
Council recommends Total Allowable Catch (TAC) levels for vessels fishing in the U.S./Canada Management Area. This action would implement
U.S. TACs for the 2008 Fishing Year of 667 mt, 8,050 mt, and 1,950 mt
(for Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder, respectively). These TACs are based upon best available science
(Transboundary Resource Assessment Committee (TRAC)), and the recommendations of the Transboundary Management Guidance Committee
(TMGC).
Timetable:
Action
Date
FR Cite
NPRM
01/03/08
73 FR 441
Page 24675
NPRM Comment Period End
02/04/08
Final Action
03/28/08
73 FR 16571
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AW13
-
[bull] GEORGES BANK COD HOOK SECTOR OPERATIONS PLAN APPROVAL AND
ALLOCATION OF GEORGES BANK COD TOTAL ALLOWABLE CATCH FOR FISHING YEAR 2008
Legal Authority: 16 USC 1801
Abstract: Under the Northeast (NE) Multispecies Fishery Management Plan
(FMP), the Georges Bank Cod Hook Sector must submit an annual
Operations Plan in order to be allocated a Total Allowable Catch (TAC) of Georges Bank Cod, and in order to be exempted from certain requirements of the FMP. If approved by the Regional Administrator, the
Sector would be allocated a GB cod TAC, and would be exempt from the GB cod trip limit; GB seasonal closure area; limits on the number of hooks; the Days-at-Sea (DAS) Leasing Program size restrictions; differential DAS counting (in the Gulf of Maine and Southern New
England Differential DAS Areas); and the Western U.S./Canada Management
Area 72-hour observer notification.
Timetable:
Action
Date
FR Cite
NPRM
03/03/08
73 FR 11376
NPRM Comment Period End
03/18/08
Final Action
04/03/08
73 FR 18215
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AW16
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[bull] GEORGES BANK COD FIXED GEAR SECTOR OPERATIONS PLAN APPROVAL
AND ALLOCATION OF GEORGES BANK COD TOTAL ALLOWABLE CATCH FOR FISHING
YEAR 2008
Legal Authority: 16 USC 1801
Abstract: Under the Northeast (NE) Multispecies Fishery Management Plan
(FMP), the Georges Bank Cod Fixed Gear Sector must submit an annual
Operations Plan in order to be allocated a Total Allowable Catch (TAC) of Georges Bank Cod, and in order to be exempted from certain requirements of the FMP. If approved by the Regional Administrator, the
Sector would be allocated a GB cod total allowable catch (TAC), and would be exempt from the GB cod trip limit; GB seasonal closure area when fishing with hook gear; and limits on the number of hooks that may be fished.
Timetable:
Action
Date
FR Cite
NPRM
03/11/08
73 FR 12941
NPRM Comment Period End
03/26/08
Final Action
04/10/08
73 FR 19439
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AW17
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[bull] PACIFIC HALIBUT FISHERIES; CATCH SHARING PLAN
Legal Authority: 16 USC 773 et seq; 16 USC 773 et seq
Abstract: NMFS proposes to approve and implement changes to the Pacific
Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut
Commission's (IPHC or Commission) regulatory Area 2A off Washington,
Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes the sport fishery management measures for Area 2A. These actions are intended to enhance the conservation of
Pacific halibut, to provide greater angler opportunity where available, and to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries.
Timetable:
Action
Date
FR Cite
NPRM
01/02/08
73 FR 140
NPRM Comment Period End
02/01/08
Final Action
03/07/08
73 FR 12280
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Jamie Goen, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE, Seattle, WA 98115
Phone: 206 526-4646
Email: jamie.goen@noaa.gov
RIN: 0648-AW26
-
[bull] OREGON COHO SALMON CRITICAL HABITAT DESIGNATION
Legal Authority: 16 USC 1531 to 1543 and 16 USC 1361 et seq
Abstract: This rule would list the Oregon Coast coho salmon ESU as threatened under the Endangered Species Act (ESA), issue protective regulations under Section 4(d) of the ESA, and designate critical habitat.
Timetable:
Action
Date
FR Cite
Final Action
02/11/08
73 FR 7816
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Marta Nammack, Office of Protected Resources,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-1401
Fax: 301 427-2523
Email: marta.nammack@noaa.gov
RIN: 0648-AW39
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TAKING OF MARINE MAMMALS INCIDENTAL TO COMMERCIAL FISHING
OPERATIONS; ATLANTIC LARGE WHALE TAKE REDUCTION PLAN REGULATIONS
Legal Authority: 16 USC 1361 et seq
Abstract: This action would implement modifications of the Atlantic
Large Whale Take Reduction Plan (ALWTRP). The ALWTRP was developed pursuant to section 118 of the Marine Mammal
Page 24676
Protection Act. The commercial fishery requirements provided in this rule are intended to implement the additional requirements recommended by the Atlantic Large Whale Take Reduction Team and the National Marine
Fisheries Service.
Timetable:
Action
Date
FR Cite
NPRM
06/21/05
70 FR 35894
NPRM Comment Period Extended 07/13/05
70 FR 40301
NPRM Comment Period End
07/21/05
Final Action
10/05/07
72 FR 57134
Final Action--Correction
04/09/08
73 FR 19171
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AS01
-
SEA TURTLE CONSERVATION; GEAR REQUIREMENTS IN THE ATLANTIC SEA
SCALLOP DREDGE FISHERY
Legal Authority: 16 USC 1531 et seq
Abstract: NMFS is preparing a proposed rule regarding the sea turtle conservation measures in the Atlantic sea scallop dredge fishery. This action is necessary to correct a procedural error in the original rulemaking, to clarify the regulatory text related to the chain-mat requirements, and to add a transiting provison. In addition, the action will request public comment on an emergency rule issued in November 2006.
First, this action would address a procedural error regarding the timing of the signing of the National Environmental Policy Act (NEPA) document in the rulemaking that required chain mats on dredges in the
Atlantic sea scallop fishery in 2006 (71 FR 50361, August 25, 2006) by ensuring that NMFS follows all of the NEPA procedures in the proper sequence. Second, this rule, if implemented, would add a transiting provision to allow vessels to be exempted from the requirements provided certain conditions are met. Third, the rule proposes to clarify the current regulatory text at 50 CFR 223.206 to make the intent of the regulation clearer. The revision would clarify that the
U.S. Coast Guard and enforcement agents may board a vessel that has entered the waters described to check for compliance with the requirement to have a chain mat affixed to the dredge, regardless of whether that vessel is still in the waters described. Fourth, this action will request public comment on an emergency rulemaking completed in November 2006 (71 FR 66466, November 15, 2006). The emergency rulemaking was conducted to correct a discrepency in the options included in the August 2006 rulemaking for configuring the gear. In that rulemaking, the Assistant Administrator for Fisheries found good cause under 5 U.S.C. 553(b)(B) to waive the requirement for prior notice and opportunity for public comment on the emergency regulation.
This current rulemaking will specifically request public comment on the change made by the November 2006 emergency rule.
Timetable:
Action
Date
FR Cite
Final Action
04/08/08
73 FR 18984
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric
Administration, One Blackburn Drive, Gloucester, MA 01930
Phone: 978 281-9200
RIN: 0648-AV84
FR Doc. E8-7348 Filed 05-02-08; 8:45 am
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