16862 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

15 CFR Subtitle A; Subtitle B, Chs. I, 

II, III, VII, VIII, IX, and XI 

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

50 CFR Chs. II, III, IV, and VI 

Fall 2020 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Commerce), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to pre-rulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the spring 2020 agenda. 

The purpose of the Agenda is to provide 

information to the public on regulations 

that are currently under review, being 

proposed, or issued by Commerce. The 

agenda is intended to facilitate 

comments and views by interested 

members of the public. 

Commerce’s fall 2020 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period November 1, 2020, 

through October 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Specific: For additional information 

about specific regulatory actions listed 

in the agenda, contact the individual 

identified as the contact person. 

General: Comments or inquiries of a 

general nature about the agenda should 

be directed to Asha Mathew, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230, telephone: 202–482–3151. 

SUPPLEMENTARY INFORMATION: Commerce 

hereby publishes its fall 2020 Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions pursuant to 

Executive Order 12866 and the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. Executive Order 12866 requires 

agencies to publish an agenda of those 

regulations that are under consideration 

pursuant to this order. By memorandum 

of August 11, 2020, the Office of 

Management and Budget issued 

guidelines and procedures for the 

preparation and publication of the fall 

2020 Unified Agenda. The Regulatory 

Flexibility Act requires agencies to 

publish, in the spring and fall of each 

year, a regulatory flexibility agenda that 

contains a brief description of the 

subject of any rule likely to have a 

significant economic impact on a 

substantial number of small entities. 

Beginning with the fall 2007 edition, 

the internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

In this edition of Commerce’s 

regulatory agenda, a list of the most 

important significant regulatory and 

deregulatory actions and a Statement of 

Regulatory Priorities are included in the 

Regulatory Plan, which appears in both 

the online Unified Agenda and in part 

II of the issue of the Federal Register 

that includes the Unified Agenda. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act, Commerce’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. In addition, for fall editions of 

the Agenda, Commerce’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within Commerce, the Office of the 

Secretary and various operating units 

may issue regulations. Among these 

operating units, the National Oceanic 

and Atmospheric Administration 

(NOAA), the Bureau of Industry and 

Security, and the Patent and Trademark 

Office issue the greatest share of 

Commerce’s regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

NMFS’ programs, an ‘‘Explanation of 

Information Contained in NMFS 

Regulatory Entries’’ is provided below. 

Explanation of Information Contained 

in NMFS Regulatory Entries 

The Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.) (the Act) governs 

the management of fisheries within the 

Exclusive Economic Zone of the United 

States (EEZ). The EEZ refers to those 

waters from the outer edge of the State 

boundaries, generally 3 nautical miles, 

to a distance of 200 nautical miles. For 

fisheries that require conservation and 

management measures, eight Regional 

Fishery Management Councils 

(Councils) prepare and submit to NMFS 

Fishery Management Plans (FMPs) for 

the fisheries within their respective 

areas in the EEZ. Membership of these 

Councils is comprised of representatives 

of the commercial and recreational 

fishing sectors in addition to 

environmental, academic, and 

government interests. Council members 

are nominated by the governors and 

ultimately appointed by the Secretary of 

Commerce. The Councils are required 

by law to conduct public hearings on 

the development of FMPs and FMP 

amendments. Consistent with 

applicable law, environmental and other 

analyses are developed that consider 

alternatives to proposed actions. 

Pursuant to the Magnuson-Stevens 

Act, the Councils also submit to NMFS 

proposed regulations they deem 

necessary or appropriate to implement 

FMPs. The proposed regulations, FMPs, 

and FMP amendments are subject to 

review and approval by NMFS, based on 

consistency with the Magnuson-Stevens 

Act and other applicable law. The 

Council process for developing FMPs 

and amendments makes it difficult for 

NMFS to determine the significance and 

timing of some regulatory actions under 

consideration by the Councils at the 

time the semiannual regulatory agenda 

is published. 

Commerce’s fall 2020 regulatory 

agenda follows. 

This document of the Department of 

Commerce was signed on January 14, by 

Michael Walsh, Chief of Staff, 

Performing the Delegated Duties of 

General Counsel. That document with 

the original signature and date is 

maintained by the Department of 


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Commerce. For administrative purposes 

only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned Department of 

Commerce Federal Register Liaison 

Officer has been authorized to sign and 

submit the document in electronic 

format for publication, as an official 

document of the Department of 

Commerce. This administrative process 

in no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on January 14, 

2021. 

Asha Mathew, 

Federal Register Liaison Officer, U.S. 

Department of Commerce. 

GENERAL ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

144 .................... Concrete Masonry Products Research, Education, and Promotion ................................................................ 0605–AA53 

INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

145 .................... Modifications to Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws.0625–AB10 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

146 .................... Comprehensive Fishery Management Plan for Puerto Rico, Comprehensive Fishery Management Plan for 

St. Croix, Comprehensive Fishery Management Plan for St. Thomas/St. John.

0648–BD32 

147 .................... International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific

Tuna Treaty.

0648–BG04 

148 .................... Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (Reg Plan Seq No. 6).0648–BG11 

149 .................... Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for Bottom Trawl and Non-Whiting Midwater Trawl Vessels.0648–BH70 

150 .................... Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Management.0648–BI10 

151 .................... Establish National Insurance Requirements for Observer Providers .............................................................. 0648–BJ33 

152 .................... Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery .......................................................... 0648–BJ50 

153 .................... 2021–22 Harvest Specifications and Management Measures for Pacific Coast Groundfish and Fishery 

Management Plan.

0648–BJ74 

154 .................... International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021.0648–BK08 

155 .................... Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan ................................................. 0648–BK11 

156 .................... Designation of Critical Habitat for the Arctic Ringed Seal ............................................................................... 0648–BC56 

157 .................... Amendment and Updates to the Pelagic Longline Take Reduction Plan ....................................................... 0648–BF90 

158 .................... Designation of Critical Habitat for the Threatened Caribbean Corals ............................................................. 0648–BG26 

159 .................... Atlantic Large Whale Take Reduction Plan Modifications to Reduce Serious Injury and Mortality of Large 

Whales in Commercial Trap/Pot Fisheries Along the U.S. East Coast (Reg Plan Seq No. 7).

0648–BJ09 

160 .................... Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals .......................................... 0648–BJ52 

161 .................... Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act.0648–BK04 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

162 .................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements 

to Safeguard Fishery Observers.

0648–BG66 

163 .................... Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the 

Western and Central Pacific Fisheries Commission.

0648–BH59 

164 .................... Omnibus Deep-Sea Coral Amendment ........................................................................................................... 0648–BH67 

165 .................... Generic Amendment to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico 

and Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.

0648–BH72 

166 .................... Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for 

Seafood.

0648–BH87 

167 .................... Atlantic Highly Migratory Species; Regulatory Amendment for the Management of Atlantic Swordfish ........ 0648–BI09 

168 .................... Amendment 8 to the Atlantic Herring Fishery Management Plan ................................................................... 0648–BI80 

169 .................... Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ............... 0648–BJ18 


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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

170 .................... Modification of Multi-Day Trip Possession Limits for Federally-Permitted Charter/Headboat Vessels in the

Fishery Management Plans (FMP) in the Gulf of Mexico.

0648–BJ60 

171 .................... Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions ......................................... 0648–AU02 

172 .................... Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico (Reg Plan Seq No. 9).0648–BB38 

173 .................... Revision to Critical Habitat Designation for Endangered Southern Resident Killer Whales ........................... 0648–BH95 

174 .................... Designation of Critical Habitat for the Mexico, Central American, and Western Pacific Distinct Population 

Segments of Humpback Whales Under the Endangered Species Act.

0648–BI06 

175 .................... Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................ 0648–BG01 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

176 .................... Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific 

Ocean.

0648–BD59 

177 .................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of 

U.S. Purse Seine Fishing With Respect to U.S. Territories.

0648–BF41 

178 .................... Bering Sea and Aleutian Islands Pacific Cod Pot Catcher/Processor License Limitation Program Adjustment.0648–BJ42 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

179 .................... Licensing of Private Land Remote-Sensing Space Systems .......................................................................... 0648–BA15 

180 .................... Commerce Trusted Trader Program ................................................................................................................ 0648–BG51 

181 .................... Rule to Implement the For-Hire Reporting Amendments ................................................................................ 0648–BG75 

182 .................... New England Industry-Funded Monitoring Amendment .................................................................................. 0648–BG91 

183 .................... Vessel Movement, Monitoring, and Declaration Management Enhancement for the Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan.0648–BI45 

184 .................... Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BJ12 

185 .................... Vessel Monitoring Systems; Amendment to Type-Approval Requirements .................................................... 0648–BJ15 

186 .................... Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan .......................... 0648–BJ16 

187 .................... Regulatory Amendment to Adjust the North Pacific Observer Program Partial Coverage Fee ..................... 0648–BJ40 

188 .................... Amendment 121 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 

Management Area and Amendment 110 to the Fishery Management Plan for Groundfish of the Gulf of 

Alaska.

0648–BJ49 

189 .................... Atlantic Bluefish 2020–2021 Specifications and Recreational Management Measures ................................. 0648–BJ61 

PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

190 .................... Trademark Fee Adjustment (Reg Plan Seq No. 10) ...................................................................................... 0651–AD42 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

191 .................... Setting and Adjusting Patent Fees During Fiscal Year 2020 .......................................................................... 0651–AD31 


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DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Final Rule Stage 

144. Concrete Masonry Products 

Research, Education, and Promotion 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 15 U.S.C. 8701 et seq. 

Abstract: The Concrete Masonry 

Products Research, Education, and 

Promotion Act of 2018 (Act) (15 U.S.C. 

8701 et seq.) authorizes the 

establishment of an orderly program for 

a program of research, education, and 

promotion, including funds for 

marketing and market research 

activities, that is designed to promote 

the use of concrete masonry products in 

construction and building (a checkoff 

program). The Act allows industry to 

submit a proposed order establishing 

such a program. If the Secretary 

determines that such a proposed order 

is consistent with and will effectuate the 

purpose of the Act, the Secretary is 

directed to publish the proposed order 

in the Federal Register not later than 90 

days after receiving the order. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/24/20 85 FR 52059 

NPRM Comment 

Period End.

10/08/20 

Final Action ......... 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Asha Mathew, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 306–0487, Email: 

amathew@doc.gov. 

RIN: 0605–AA53 

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Final Rule Stage 

145. Modifications to Regulations To 

Improve Administration and 

Enforcement of Antidumping and 

Countervailing Duty Laws 

E.O. 13771 Designation: Other. 

Legal Authority: 19 U.S.C. 1671 et 

seq.; Pub. L. 114–125, sec. 421 

Abstract: Pursuant to its authority 

under Title VII of the Tariff Act of 1930, 

as amended (the Act), the Department of 

Commerce (Commerce) issued a 

proposed rule to modify its regulations 

under part 351 of title 19 to improve 

administration and enforcement of the 

antidumping duty (AD) and 

countervailing duty (CVD) laws. 

Specifically, Commerce proposes to 

modify its regulation concerning the 

time for submission of comments 

pertaining to industry support in AD 

and CVD proceedings; to modify its 

regulation regarding new shipper 

reviews; to modify its regulation 

concerning scope matters in AD and 

CVD proceedings; to promulgate a new 

regulation concerning circumvention of 

AD and CVD orders; to promulgate a 

new regulation concerning covered 

merchandise referrals received from 

U.S. Customs and Border Protection 

(CBP); to promulgate a new regulation 

pertaining to Commerce requests for 

certifications from interested parties to 

establish whether merchandise is 

subject to an AD or CVD order; and to 

modify its regulation regarding importer 

reimbursement certifications filed with 

CBP. Finally, Commerce proposes to 

modify its regulations regarding letters 

of appearance in AD and CVD 

proceedings and importer filing 

requirements for access to business 

proprietary information. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/13/20 85 FR 49472 

Extension of 

Comment Period.

09/10/20 85 FR 55801 

NPRM Comment 

Period End.

09/14/20 

Extension of 

Comment Period End.

09/28/20 

Final Action ......... 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jessica Link, 

Department of Commerce, International 

Trade Administration, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 482–1411, Email: 

jessica.link@trade.gov. 

RIN: 0625–AB10 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

146. Comprehensive Fishery 

Management Plan for Puerto Rico, 

Comprehensive Fishery Management 

Plan for ST. Croix, Comprehensive 

Fishery Management Plan for St. 

Thomas/St. John 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation of the Caribbean 

Fishery Management Council, this 

action would establish three new FMPs 

(Puerto Rico FMP, St. Thomas/St. John 

FMP and St. Croix FMP) and repeal and 

replace the existing U.S. Caribbean-wide 

FMPs (the FMP for the Reef Fish Fishery 

of Puerto Rico and the U.S. Virgin 

Islands (USVI), the FMP for the Spiny 

Lobster Fishery of Puerto Rico and the 

USVI, the FMP for Queen Conch 

Resources of Puerto Rico and the USVI, 

and the FMP for the Corals and Reef 

Associated Plants and Invertebrates of 

Puerto Rico and the USVI). For each of 

the Puerto Rico, St. Thomas/St. John, 

and St. Croix FMPs, the action would 

also modify the composition of the 

stocks to be managed; organize those 

stocks for effective management; 

establish status determination criteria, 

management reference points, and 

accountability measures for managed 

stocks; identify essential fish habitat for 

stocks new to management; and 

establish framework measures. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/26/20 85 FR 38350 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Regional Administrator, Southeast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BD32 

147. International Fisheries; South 

Pacific Tuna Fisheries; Implementation 

of Amendments to the South Pacific 

Tuna Treaty 

E.O. 13771 Designation: Not subject 

to, not significant. 


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I 
16866 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Legal Authority: 16 U.S.C. 973 et seq. 

Abstract: Under authority of the 

South Pacific Tuna Act of 1988, this 

rule would implement recent 

amendments to the Treaty on Fisheries 

between the Governments of Certain 

Pacific Island States and the 

Government of the United States of 

America (also known as the South 

Pacific Tuna Treaty). The rule would 

include modification to the procedures 

used to request licenses for U.S. vessels 

in the western and central Pacific Ocean 

purse seine fishery, including changing 

the annual licensing period from Juneto-June to the calendar year, and 

modifications to existing reporting 

requirements for purse seine vessels 

fishing in the western and central 

Pacific Ocean. The rule would 

implement only those aspects of the 

Treaty amendments that can be 

implemented under the existing South 

Pacific Tuna Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BG04 

148. Illegal, Unregulated, and 

Unreported Fishing; Fisheries 

Enforcement; High Seas Driftnet Fishing 

Moratorium Protection Act 

Regulatory Plan: This entry is Seq. 

No. 6 in part II of this issue of the 

Federal Register. 

RIN: 0648–BG11 

149. Regulatory Amendment to the 

Pacific Coast Groundfish Fishery 

Management Plan to Implement an 

Electronic Monitoring Program for 

Bottom Trawl and Non–Whiting 

Midwater Trawl Vessels 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The proposed action would 

implement a regulatory amendment to 

the Pacific Fishery Management 

Council’s Pacific Coast Groundfish 

Fishery Management Plan to allow 

bottom trawl and midwater trawl 

vessels targeting non-whiting species 

the option to use electronic monitoring 

(video cameras and associated sensors) 

in place of observers to meet 

requirements for 100-percent observer 

coverage. By allowing vessels the option 

to use electronic monitoring to meet 

monitoring requirements, this action is 

intended to increase operational 

flexibility and reduce monitoring costs 

for the fleet. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BH70 

150. Atlantic Highly Migratory Species; 

Research and Data Collection in 

Support of Spatial Fisheries 

Management 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rulemaking would 

address conducting research in areas 

currently closed to fishing for Atlantic 

highly migratory species (HMS)—during 

various times or by certain gear— to 

collect fishery-dependent data. A 

number of time/area closures or gearrestricted areas have been implemented 

over the years through various 

rulemakings, limiting fishing for 

Atlantic highly migratory species in 

those areas for a variety of reasons 

including reducing bycatch. These time/ 

area closures have been implemented in 

consultation with the HMS Advisory 

Panel to protect species consistent with 

the Magnuson-Stevens Fisheries 

Conservation and Management Act (e.g., 

to reduce bycatch in the pelagic longline 

fishery off the east coast of Florida), the 

Endangered Species Act (e.g., to protect 

sea turtles in the North Atlantic), and 

the Atlantic Tunas Convention Act (e.g., 

to protect spawning bluefin tuna in the 

Gulf of Mexico). Fishery-dependent data 

supports effective fisheries 

management, and areas that restrict 

fishing effort often have a 

commensurate decrease in fisherydependent data collection. Programs to 

facilitate research and data collection, 

such as those that would be covered by 

this rulemaking, could assess the 

efficacy of closed areas, improve 

sustainable management of highly 

migratory species, and may provide 

benefits to commercial and recreational 

fishermen. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20910, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BI10 

151. Establish National Insurance 

Requirements for Observer Providers 

E.O. 13771 Designation: Other. 

Legal Authority: 16 U.S.C. 1855(d) 

Abstract: NMFS is proposing to 

establish uniform, nationally applicable 

minimum insurance requirements for 

companies that provide observer or atsea monitor services for federally 

managed fisheries subject to monitoring 

requirements. This action would 

supersede outdated or inappropriate 

regulatory insurance requirements 

thereby easing the regulatory and cost 

burden for observer/at-sea monitor 

providers. Additionally, this action 

would mitigate potential liability risks 

associated with observer and at-sea 

monitor deployments for vessel owners 

and shore side processors that are 

subject to monitoring requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Evan Howell, 

Director, Office of Science and 

Technology, National Marine Fisheries 

Service, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8100, Email: 

evan.howell@noaa.gov. 

RIN: 0648–BJ33 

152. Salmon Bycatch Minimization in 

the Pacific Coast Groundfish Fishery 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The proposed action would 

implement salmon bycatch 

minimization measures in the Pacific 

Coast groundfish fishery to comply with 

the terms and conditions of a December 

2017 biological opinion on Endangered 

Species Act-listed salmon interactions 


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in the groundfish fishery. The proposed 

action would establish additional 

management tools (e.g. area-based 

closures and gear restrictions) the 

Council and NMFS could use as needed 

to keep fishery sectors within Chinook 

and coho salmon bycatch guidelines as 

established in a prior rulemaking. The 

proposed action would establish the 

rules or circumstances under which the 

fishery sectors would be allowed to 

access an established salmon bycatch 

Reserve. Under the proposed action, 

NMFS is required to take an action 

before fishery participants can access 

the Reserve; such action may include 

implementation of a measure such as an 

area-based closure or gear restriction, or 

approval of a plan outlining how a 

whiting cooperative will minimize its 

salmon bycatch. Finally, the proposed 

action would change the bycatch levels 

at which the trawl fishery would be 

closed in order to preserve 500 Chinook 

salmon as bycatch so that the 

recreational and fixed gear fisheries 

could continue operating in years of 

high trawl fishery bycatch. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/20/20 85 FR 66519 

NPRM Comment 

Period End.

11/19/20 

Final Action ......... 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BJ50 

153. • 2021–22 Harvest Specifications 

and Management Measures for Pacific 

Coast Groundfish and Fishery 

Management Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: Every other year, the Pacific 

Fishery Management Council (Council) 

makes recommendations to set biennial 

allowable harvest levels for Pacific 

Coast groundfish, and recommends 

management measures for commercial, 

recreational, and tribal fisheries that are 

designed to achieve those harvest levels 

consistent with the Pacific Coast 

Groundfish Fishery Management Plan. 

For the 2021–22 biennium, the Council 

has recommended: harvest 

specifications, including overfishing 

limits, acceptable biological catches, 

and annual catch limits; and 

management measures to achieve those 

specifications. The specifications and 

management measures that would be 

forwarded by this action would be in 

effect from January 1, 2021, through 

December 31, 2022. 

Timetable: 

Action Date FR Cite 

Notice of Availability.09/02/20 85 FR 54529 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BJ74 

154. • International Fisheries; Pacific 

Tuna Fisheries; Fishing Restrictions for 

Tropical Tuna in the Eastern Pacific 

Ocean for 2021 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 951 et seq. 

Abstract: In the fall 2020, the InterAmerican Tropical Tuna Commission 

(IATTC) is expected to adopt a binding 

resolution regarding conservation 

measures for tropical tuna in the Eastern 

Pacific Ocean (EPO) during 2021. As 

required under the Tuna Conventions 

Act, 16 U.S.C. 951 et seq., this 

rulemaking action would implement 

that resolution domestically. Provisions 

to be implemented include those 

expected for tropical tuna (bigeye, 

yellowfin, and skipjack) for 2021, and 

potentially beyond if the IATTC 

resolution applies beyond 2021. 

Additionally, should the IATTC 

resolution do so, as is expected, this 

rulemaking action would continue to 

apply provisions of currently applicable 

regulations for purse seine vessels of 

class sizes 4–6 (carrying capacity greater 

than 182 metric tons (mt)) fishing for 

tropical tuna in the EPO. This includes 

a 72-day closure, a time/area closure in 

the EPO for 31 days, and a requirement 

that all tropical tuna be retained on 

board and landed, except fish 

considered unfit for human 

consumption for reasons other than size. 

The rule is expected to continue to 

allow a single exception on the final set 

of a trip, when there may be insufficient 

well space remaining to accommodate 

all the tuna caught in that set. The rule 

is also expected to continue to limit 

catch of bigeye tuna by longline vessels 

greater than 24 meters in overall length 

to 750 metric tons per year. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BK08 

155. • Framework Adjustment 8 to the 

Atlantic Herring Fishery Management 

Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to action by the 

New England Fishery Management 

Council based on the most recent stock 

assessment, this rulemaking action 

would set 2021–2023 fishing year 

specifications and adjust current herring 

measures. Changes in herring 

specifications may impact the Atlantic 

mackerel fishery because the fisheries 

often operate concurrently. Accordingly, 

this action would adjust current 

measures by providing more flexibility 

to participants in the Atlantic herring 

fishery in order to facilitate increased 

participation in the Atlantic mackerel 

fishery. The objectives of this action are 

to meet the overall goal of the Atlantic 

Herring Fishery Management Plan of 

managing the Atlantic herring fishery at 

long-term sustainable levels consistent 

with the National Standards of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BK11 


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156. Designation of Critical Habitat for 

the Arctic Ringed Seal 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1531 et seq. 

Abstract: The National Marine 

Fisheries Service published a final rule 

to list the Arctic ringed seal as a 

threatened species under the 

Endangered Species Act (ESA) in 

December 2012. The ESA requires 

designation of critical habitat at the time 

a species is listed as threatened or 

endangered, or within one year of listing 

if critical habitat is not then 

determinable. This rulemaking would 

designate critical habitat for the Arctic 

ringed seal. The critical habitat 

designation would be in the northern 

Bering, Chukchi, and Beaufort seas 

within the current range of the species. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/03/14 79 FR 71714 

Proposed Rule .... 12/09/14 79 FR 73010 

Notice of Public 

Hearings.

01/13/15 80 FR 1618 

Comment Period 

Extended.

02/02/15 80 FR 5498 

Proposed Rule 2 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BC56 

157. Amendment and Updates to the 

Pelagic Longline Take Reduction Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1361 et seq. 

Abstract: Serious injury and mortality 

of the Western North Atlantic shortfinned pilot whale stock incidental to 

the Category I Atlantic pelagic longline 

fishery continues at levels exceeding 

their Potential Biological Removal. This 

proposed action will examine a number 

of management measures to amend the 

Pelagic Longline Take Reduction Plan to 

reduce the incidental mortality and 

serious injury of short-finned pilot 

whales taken in the Atlantic Pelagic 

Longline fishery to below Potential 

Biological Removal. Potential 

management measures may include 

changes to the current limitations on 

mainline length, new requirements to 

use weak hooks (hooks with reduced 

breaking strength), and non-regulatory 

measures related to determining the best 

procedures for safe handling and release 

of marine mammals. The need for the 

proposed action is to ensure the Pelagic 

Longline Take Reduction Plan meets its 

Marine Mammal Protection Act 

mandated short- and long-term goals. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BF90 

158. Designation of Critical Habitat for 

the Threatened Caribbean Corals 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1531 et seq. 

Abstract: NMFS listed 5 Caribbean 

corals as threatened under the 

Endangered Species Act on October 10, 

2014. Critical habitat shall be designated 

to the maximum extent prudent and 

determinable at the time a species is 

proposed for listing (50 CFR 424.12). We 

concluded that critical habitat was not 

determinable for the 5 corals at the time 

of listing. However, we anticipated that 

critical habitat would be determinable 

in the future given on-going research. 

We, therefore, announced in the final 

listing rules that we would propose 

critical habitat in separate rulemakings. 

This rule proposes to designate critical 

habitat for the 5 Caribbean coral species 

listed in 2014. A separate proposed 

critical habitat rule is being prepared for 

the 15 Indo-Pacific corals listed as 

threatened in 2014. The proposed 

designation for the Caribbean corals 

may include marine waters in Florida, 

Puerto Rico, US Virgin Islands, Navassa 

Island, and Flower Garden Banks 

containing essential features that 

support all stages of life history of the 

corals. The proposed rule is not likely 

to have an annual effect on the economy 

of $100 million or more or adversely 

affect the economy. NMFS has 

contacted the Departments of the Navy, 

Air Force, and Army as well as the U.S. 

Coast Guard requesting information 

related to potential national security 

impacts that may result from the critical 

habitat designation. Based on 

information provided, we concluded 

that there will be an impact on national 

security in only 1 area offshore Dania 

Beach, FL, and will propose to exclude 

it from the designations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/27/20 85 FR 76302 

NPRM Comment 

Period End.

01/26/21 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BG26 

159. Atlantic Large Whale Take 

Reduction Plan Modifications To 

Reduce Serious Injury and Mortality of 

Large Whales in Commercial Trap/Pot 

Fisheries Along the U.S. East Coast 

Regulatory Plan: This entry is Seq. 

No. 7 in part II of this issue of the 

Federal Register. 

RIN: 0648–BJ09 

160. Designation of Critical Habitat for 

Threatened Indo-Pacific Reef-Building 

Corals 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1531 et seq. 

Abstract: On September 10, 2014, 

NMFS listed 20 species of reef-building 

corals as threatened under the 

Endangered Species Act, 15 in the IndoPacific and five in the Caribbean. Of the 

15 Indo-Pacific species, seven occur in 

U.S. waters of the Pacific Islands 

Region, including in American Samoa, 

Guam, the Commonwealth of the 

Mariana Islands, and the Pacific Remote 

Island Areas. This proposed rule would 

designate critical habitat for the seven 

species in U.S. waters (Acropora 

globiceps, Acropora jacquelineae, 

Acropora retusa, Acropora speciosa, 

Euphyllia paradivisa, Isopora 

crateriformis, and Seriatopora aculeata). 

A separate proposed rule will designate 

critical habitat for the listed Caribbean 

coral species. The proposed designation 

may cover coral reef habitat around 13 

island or atoll units in the Pacific 

Islands Region, including three in 

American Samoa, one in Guam, seven in 

the Commonwealth of the Mariana 

Islands, and two in Pacific Remote 

Island Areas, containing essential 

features that support reproduction, 

growth, and survival of the listed coral 

species. NMFS has contacted the 

Departments of the Navy, Air Force, and 

Army as well as the U.S. Coast Guard 


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requesting information related to 

potential national security impacts that 

may result from the critical habitat 

designation. Based on information 

provided, we will determine whether to 

propose to exclude any areas based on 

national security impacts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/27/20 85 FR 76262 

NPRM Comment 

Period End.

01/26/21 

Final Rule ............ 04/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BJ52 

161. • Establishment of Time-Area 

Closures for Hawaiian Spinner 

Dolphins Under the Marine Mammal 

Protection Act 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1382 et seq. 

Abstract: This rulemaking action 

under the Marine Mammal Protection 

Act (MMPA) proposes to establish 

mandatory time-area closures of 

Hawaiian spinner dolphins’ essential 

daytime habitats at five selected sites in 

the Main Hawaiian Islands (MHI). In 

considering public comments in 

response to a separate proposed rule 

related to spinner dolphin interactions 

(81 FR 57854), NMFS intends these 

regulatory measures to prevent take of 

Hawaiian spinner dolphins from 

occurring in inshore marine areas at 

essential daytime habitats, and where 

high levels of disturbance from human 

activities are most prevalent. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BK04 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Fisheries Service 

162. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Requirements To 

Safeguard Fishery Observers 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 6901 et seq. 

Abstract: This rule would establish 

requirements to enhance the safety of 

fishery observers on highly migratory 

species fishing vessels. This rule would 

be issued under the authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act, and 

pursuant to decisions made by the 

Commission for the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean. This action is necessary 

for the United States to satisfy its 

obligations under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean, to 

which it is a Contracting Party. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/20/20 85 FR 66513 

NPRM Comment 

Period End.

11/19/20 

Final Action ......... 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BG66 

163. Area of Overlap Between the 

Convention Areas of the InterAmerican Tropical Tuna Commission 

and the Western and Central Pacific 

Fisheries Commission 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 6901 et 

seq.; 16 U.S.C. 951 et seq. 

Abstract: Under authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act and the 

Tuna Conventions Act, an area of 

overlap (overlap area) exists between 

the respective areas of competence of 

the Commission for the Conservation 

and Management of Highly Migratory 

Fish Stocks in the Western and Central 

Pacific Ocean and the Inter-American 

Tropical Tuna Commission. NMFS 

proposes to change the application of 

the two Commissions’ management 

decisions in the overlap area to 

specifically apply Inter-American 

Tropical Tuna Commission management 

measures in the overlap area rather than 

those of the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean that 

currently apply there. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 06/12/18 83 FR 27305 

ANPRM Comment 

Period End.

07/12/18 

NPRM .................. 11/07/19 84 FR 60040 

NPRM Comment 

Period End.

11/22/19 

Final Rule ............ 06/22/20 85 FR 37376 

Final Rule Effective.07/22/20 

Final Action; Announcement of 

Effectiveness of 

Collection-of-Information Requirements.

11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BH59 

164. Omnibus Deep-Sea Coral 

Amendment 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This action would 

implement the New England Fishery 

Management Council’s Omnibus DeepSea Coral Amendment. The Amendment 

would implement measures that reduce 

impacts of fishing gear on deep-sea 

corals in the Gulf of Maine and on the 

outer continental shelf. In doing so, this 

action would prohibit the use of mobile 

bottom-tending gear in two areas in the 

Gulf of Maine (Mount Desert Rock and 

Outer Schoodic Ridge), and it would 

prohibit the use of all gear (with an 

exception for red crab pots) along the 

outer continental shelf in waters deeper 

than a minimum of 600 meters. 


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Timetable: 

Action Date FR Cite 

Notice of Availability.08/26/19 84 FR 44596 

NPRM .................. 01/03/20 85 FR 285 

NPRM Comment 

Period End.

02/18/20 

Final Action ......... 12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BH67 

165. Generic Amendment to the Fishery 

Management Plans for the Reef Fish 

Resources of the Gulf of Mexico and 

Coastal Migratory Pelagic Resources in 

the Gulf of Mexico and Atlantic Region 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This action, recommended 

by the Gulf of Mexico Fishery 

Management Council, would modify 

data reporting for owners or operators of 

federally permitted for-hire vessels 

(charter vessels and headboats) in the 

Gulf of Mexico, requiring them to 

declare the type of trip (for-hire or 

other) prior to departing for any trip, 

and electronically submit trip-level 

reports prior to off-loading fish at the 

end of each fishing trip. The declaration 

would include the expected return time 

and landing location. Landing reports 

would include information about catch 

and effort during the trip. The action 

would also require that these reports be 

submitted via approved hardware that 

includes a global positioning system 

attached to the vessel that is capable, at 

a minimum, of archiving global 

positioning system locations. This 

requirement would not preclude the use 

of global positioning system devices that 

provide real-time location data, such as 

the currently approved vessel 

monitoring systems. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/21/18 83 FR 28797 

NPRM .................. 10/26/18 83 FR 54069 

Correction ............ 11/08/18 83 FR 55850 

Comment Period 

Extended.

11/20/18 83 FR 58522 

NPRM Comment 

Period End.

11/26/18 

Action Date FR Cite 

Comment Period 

Extended End.

01/09/19 

Final Rule ............ 07/21/20 85 FR 44005 

Final Rule Effective.01/05/21 

Final Action; Announcement of 

Effectiveness 

for Delayed 

Provisions.

12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Regional Administrator, Southeast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BH72 

166. Magnuson-Stevens Fisheries 

Conservation and Management Act; 

Traceability Information Program for 

Seafood 

E.O. 13771 Designation: Other. 

Legal Authority: 16 U.S.C. 1801 et 

seq.; Pub. L. 115–141 

Abstract: On December 9, 2016, 

NMFS issued a final rule that 

established a risk-based traceability 

program to track seafood from harvest to 

entry into U.S. commerce. The final rule 

included, for designated priority fish 

species, import permitting and reporting 

requirements to provide for traceability 

of seafood products offered for entry 

into the U.S. supply chain, and to 

ensure that these products were 

lawfully acquired and are properly 

represented. Shrimp and abalone 

products were included in the final rule 

to implement the Seafood Import 

Monitoring Program, but compliance 

with Seafood Import Monitoring 

Program requirements for those species 

was stayed indefinitely due to the 

disparity between Federal reporting 

programs for domestic aquaculture of 

shrimp and abalone products relative to 

the requirements that would apply to 

imports under Seafood Import 

Monitoring Program. In section 539 of 

the Consolidated Appropriations Act, 

2018, Congress mandated lifting the stay 

on inclusion of shrimp and abalone in 

Seafood Import Monitoring Program and 

authorized the Secretary of Commerce 

to require comparable reporting and 

recordkeeping requirements for 

domestic aquaculture of shrimp and 

abalone. This rulemaking would 

establish permitting, reporting and 

recordkeeping requirements for 

domestic producers of shrimp and 

abalone from the point of production to 

entry into commerce. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/11/18 83 FR 51426 

NPRM Comment 

Period End.

11/26/18 

Final Action ......... 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Director, 

Office of International Affairs and 

Seafood Inspection, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BH87 

167. Atlantic Highly Migratory Species; 

Regulatory Amendment for the 

Management of Atlantic Swordfish 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: Upon recommendation of 

the HMS Advisory Panel, this action 

would modify existing management 

measures for North Atlantic swordfish 

under the 2006 Consolidated FMP in 

U.S. Atlantic and Caribbean waters. 

This rulemaking would increase default 

retention limits for the Commercial 

Caribbean Small Boat (CCSB) and 

Swordfish General Commercial permits 

and adding inseason adjustment criteria 

for the CCSB permits. This proposed 

action is intended to provide additional 

opportunities to more fully harvest the 

U.S. North Atlantic swordfish quota, 

which has been significantly under 

harvested for many years. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/27/20 85 FR 23315 

NPRM Comment 

Period End.

06/26/20 

Final Action ......... 12/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20910, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BI09 

168. Amendment 8 to the Atlantic 

Herring Fishery Management Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 


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Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation by the New England 

Fishery Management Council, this 

action proposes measures for a longterm acceptable biological catch (ABC) 

control rule to address the biological 

and ecological requirements of the 

Atlantic herring stock, including 

explicitly accounting for Atlantic 

herring’s role in the ecosystem, and 

minimizing localized depletion and user 

group conflict when effort in the 

Atlantic herring fishery overlaps 

(spatially and temporally) with effort in 

fisheries targeting predators of Atlantic 

herring (e.g., tuna, groundfish) or 

ecotourism industries. Specifically, this 

action would implement a control rule 

generating an ABC intended to meet 

specific criteria identified by the New 

England Fishery Management Council, 

including low variability in yield, low 

probability of the stock becoming 

overfished, low probability of a fishery 

shutdown, and catch limits set at a 

relatively high proportion of maximum 

sustainable yield. This action would 

specify that ABC would be set for a 3- 

year period, but would allow ABC to 

vary year-to-year in response to 

projected changes in biomass. 

Timetable: 

Action Date FR Cite 

Notice of Availability.08/21/19 84 FR 43573 

NPRM .................. 10/09/19 84 FR 54094 

NPRM Comment 

Period End.

11/25/19 

Final Action ......... 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BI80 

169. Amendment 21 to the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rulemaking action 

proposes measures recommended by the 

Mid-Atlantic Fishery Management 

Council and Atlantic States Marine 

Fisheries Commission that would adjust 

the current state-by-state commercial 

quota allocations in the summer 

flounder fishery and update the goals 

and objective for summer flounder 

fishery management in the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan (FMP). The 

revised quota allocation would maintain 

the current state-by-state allocation 

percentages when distributing the 

annual coastwide quota up to 9.55 

million pounds. In years when the 

coastwide quota is above 9.55 million 

pounds, additional quota beyond this 

trigger would be distributed in equal 

shares to all states except Maine, 

Delaware, and New Hampshire (i.e., 

states with very little directed fishing 

effort), which would split one percent of 

the additional quota. The current stateby-state quota allocations have not been 

adjusted since originally implemented 

in 1993. The intent of this amendment 

is to modify the allocations to respond 

to changes in summer flounder 

distribution while also recognizing the 

states’ historical reliance on summer 

flounder. The Council and Board intend 

to review the adjusted quota allocations 

again in no more than 10 years. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/29/20 85 FR 45571 

NPRM .................. 08/12/20 85 FR 48660 

NPRM Comment 

Period End.

09/11/20 

Final Action ......... 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BJ18 

170. Modification of Multi-Day Trip 

Possession Limits for FederallyPermitted Charter/Headboat Vessels in 

the Fishery Management Plans (FMP) in 

the Gulf of Mexico 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rule would promote 

efficiency in the utilization of the reef 

fish and CMP resources and a potential 

decrease in regulatory discards by 

providing the owners and operators of 

federally permitted for-hire vessels 

greater flexibility in determining when 

to allow passengers to retain the 

possession limit on multi-day trips. The 

rule would modify the on-board 

possession limit for federal for-hire trips 

in the Gulf of Mexico, which currently 

allows anglers to retain two daily bag 

limits on a trip more than 24 hours, after 

the first 24 hours of that trip. The rule 

would increase the required trip 

duration to more than 30 hours, but 

would allow anglers to retain the second 

daily bag limit at any time after the 

federal for-hire vessel leaves the dock. 

All other requirements to retain the 

possession limit would be unchanged. 

In addition, this rule would modify the 

language in 622.21(a)(3)(iii) and 

622.22(a)(3)(iii). The change would 

remove the wording ‘sequentially 

coded’ from the sentence ‘NMFS will 

provide each Individual Fishing Quota 

(IFQ) dealer the necessary paper forms, 

sequentially coded, and instructions for 

submission of the forms to the RA’. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/28/20 85 FR 45363 

NPRM Comment 

Period End.

08/27/20 

Final Action ......... 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Regional Administrator, Southeast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BJ60 

171. Reducing Disturbances to 

Hawaiian Spinner Dolphins From 

Human Interactions 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1361 et seq. 

Abstract: This action would 

implement regulatory measures under 

the Marine Mammal Protection Act to 

protect Hawaiian spinner dolphins that 

are resting in protected bays from take 

due to close approach interactions with 

humans. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 12/12/05 70 FR 73426 

ANPRM Comment 

Period End.

01/11/06 

NPRM .................. 08/24/16 81 FR 57854 

NPRM Comment 

Period End.

10/23/16 

NPRM Comment 

Period Reopened.

11/16/16 81 FR 80629 

NPRM Comment 

Period Reopened End.

12/01/16 

Final Action ......... 11/00/20 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–AU02 

172. Taking and Importing Marine 

Mammals: Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

Regulatory Plan: This entry is Seq. 

No. 9 in part II of this issue of the 

Federal Register. 

RIN: 0648–BB38 

173. Revision to Critical Habitat 

Designation for Endangered Southern 

Resident Killer Whales 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1531 et seq. 

Abstract: The proposed action would 

revise the designation of critical habitat 

for the endangered Southern Resident 

killer whale distinct population 

segment, pursuant to section 4 of the 

Endangered Species Act. Critical habitat 

for this population is currently 

designated within inland waters of 

Washington. In response to a 2014 

petition, NMFS is proposing to expand 

the designation to include areas 

occupied by Southern Resident killer 

whales in waters along the U.S. West 

Coast. Impacts from the designation 

would stem mainly from Federal 

agencies’ requirement to consult with 

NMFS, under section 7 of the 

Endangered Species Act, to ensure that 

any action they carry out, permit 

(authorize), or fund will not result in the 

destruction or adverse modification of 

critical habitat of a listed species. 

Federal agencies are already required to 

consult on effects to the currently 

designated critical habitat in inland 

waters of Washington, but consultation 

would be newly required for actions 

affecting the expanded critical habitat 

areas. Federal agencies are also already 

required to consult within the Southern 

Resident killer whales’ range (including 

along the U.S. West Coast) to ensure that 

any action they carry out, permit, or 

fund will not jeopardize the continued 

existence of the species; this 

requirement would not change with a 

revision to the critical habitat 

designation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/19/19 84 FR 49214 

NPRM Comment 

Period End.

12/18/19 

Action Date FR Cite 

Final Rule ............ 02/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BH95 

174. Designation of Critical Habitat for 

the Mexico, Central American, and 

Western Pacific Distinct Population 

Segments of Humpback Whales Under 

the Endangered Species Act 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1531 et seq. 

Abstract: This action will propose the 

designation of critical habitat for three 

distinct population segments of 

humpback whales (Megaptera 

novaeangliae) pursuant to section 4 of 

the Endangered Species Act. The three 

distinct population segments of 

humpback whales concerned—the 

Mexico, Central American, and Western 

Pacific distinct population segments— 

were listed under the Endangered 

Species Act on September 8, 2016, 

thereby triggering the requirement 

under section 4 of the Endangered 

Species Act to designate critical habitat 

to the maximum extent prudent and 

determinable. Proposed critical habitat 

for these three distinct population 

segments of humpback whales will 

include marine habitats within the 

Pacific Ocean and Bering Sea and will 

likely overlap with several existing 

designations, including critical habitat 

for leatherback sea turtles, North Pacific 

right whales, Steller sea lions, southern 

resident killer whales, and the southern 

distinct population segment of green 

sturgeon. Impacts from the designations 

for humpback whales would stem from 

the statutory requirement for Federal 

agencies to consult with NMFS, under 

section 7 of the Endangered Species Act, 

to ensure that any action they carry out, 

authorize, or fund will not result in the 

destruction or adverse modification of 

humpback whale critical habitat. Within 

many of the areas we are evaluating for 

potential proposal as critical habitat for 

the humpback whales distinct 

population segments, Federal agencies 

are already required to consult on 

effects to currently designated critical 

habitat for other listed species. Federal 

agencies are also already required to 

consult with NMFS under section 7 of 

the Endangered Species Act to ensure 

that any action they authorize, fund or 

carry out will not jeopardize the 

continued existence of the listed 

distinct population segments of 

humpback whales. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/09/19 84 FR 54354 

NPRM Comment 

Period End.

12/09/19 

NPRM Comment 

Period Extended.

11/27/19 84 FR 65346 

NPRM Comment 

Period Extended End.

01/31/20 

Final Action ......... 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Donna Wieting, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BI06 

NOS/ONMS 

175. Wisconsin-Lake Michigan National 

Marine Sanctuary Designation 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 16 U.S.C. 1431 et seq. 

Abstract: On December 2, 2014, 

pursuant to section 304 of the National 

Marine Sanctuaries Act and the 

Sanctuary Nomination Process (79 FR 

33851), a coalition of community groups 

submitted a nomination asking NOAA 

to designate an area of Wisconsin’s Lake 

Michigan waters as a national marine 

sanctuary. The area is a region that 

includes 875 square miles of Lake 

Michigan waters and bottomlands 

adjacent to Manitowoc, Sheboygan, and 

Ozaukee counties and the cities of Port 

Washington, Sheboygan, Manitowoc, 

and Two Rivers. It includes 80 miles of 

shoreline and extends 9 to 14 miles 

from the shoreline. The area contains an 

extraordinary collection of submerged 

maritime heritage resources 

(shipwrecks) as demonstrated by the 

listing of 15 shipwrecks on the National 

Register of Historic Places. The area 

includes 39 known shipwrecks, 123 

reported vessel losses, numerous other 

historic maritime-related features, and is 

adjacent to communities that have 

embraced their centuries-long 

relationship with Lake Michigan. NOAA 

completed its review of the nomination 

in accordance with the Sanctuary 

Nomination Process and on February 5, 

2015, added the area to the inventory of 

nominations that are eligible for 


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designation. On October 7, 2015, NOAA 

issued a notice of intent to begin the 

designation process and asked for 

public comment on making this area a 

national marine sanctuary. Designation 

under the National Marine Sanctuaries 

Act would allow NOAA to supplement 

and complement work by the State of 

Wisconsin and other Federal agencies to 

protect this collection of nationally 

significant shipwrecks. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/09/17 82 FR 2269 

NPRM Comment 

Period End.

03/31/17 

Final Action ......... 01/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Russ Green, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Washington, DC 20230, 

Phone: 989 766–3359, Email: 

russ.green@noaa.gov. 

Jessica Kondel, Policy and Planning 

Division Division Chief, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1305 EastWest Highway, Bldg. SSMC4, Silver 

Spring, MD 20910, Phone: 240 533– 

0647. 

RIN: 0648–BG01 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

176. Implementation of a Program for 

Transshipments by Large Scale Fishing 

Vessels in the Eastern Pacific Ocean 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 951 et seq.; 

16 U.S.C. 971 et seq. 

Abstract: This rule would implement 

the Inter-American Tropical Tuna 

Commission program to monitor 

transshipments by large-scale tuna 

fishing vessels, and would govern 

transshipments by U.S. large-scale tuna 

fishing vessels and carrier, or receiving, 

vessels. The rule would establish: 

Criteria for transshipping in port; 

criteria for transshipping at sea by 

longline vessels to an authorized carrier 

vessel with an Inter-American Tropical 

Tuna Commission observer onboard and 

an operational vessel monitoring 

system; and require the Pacific 

Transshipment Declaration Form, which 

must be used to report transshipments 

in the Inter-American Tropical Tuna 

Commission Convention Area. This rule 

is necessary for the United States to 

satisfy its international obligations 

under the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna, to which it is a 

Contracting Party. 

Timetable: 

Action Date FR Cite 

To Be Determined To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, Phone: 

503 231–6266, Email: barry.thom@

noaa.gov. 

RIN: 0648–BD59 

177. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Treatment of U.S. 

Purse Seine Fishing With Respect to 

U.S. Territories 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 6901 et seq. 

Abstract: This action would establish 

rules and/or procedures to address the 

treatment of U.S.-flagged purse seine 

vessels and their fishing activities in 

regulations issued by the National 

Marine Fisheries Service that 

implement decisions of the Commission 

for the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Commission), of which the United 

States is a member. Under the Western 

and Central Pacific Fisheries 

Convention Implementation Act, the 

National Marine Fisheries Service 

exercises broad discretion when 

determining how it implements 

Commission decisions, such as purse 

seine fishing restrictions. The National 

Marine Fisheries Service intends to 

examine the potential impacts of the 

domestic implementation of 

Commission decisions, such as purse 

seine fishing restrictions, on the 

economies of the U.S. territories that 

participate in the Commission, and 

examine the connectivity between the 

activities of U.S.-flagged purse seine 

fishing vessels and the economies of the 

territories. Based on that and other 

information, the National Marine 

Fisheries Service might propose 

regulations that mitigate adverse 

economic impacts of purse seine fishing 

restrictions on the U.S. territories and/ 

or that, in the context of the Convention 

on the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention), recognize that one or 

more of the U.S. territories have their 

own purse seine fisheries that are 

distinct from the purse seine fishery of 

the United States and that are 

consequently subject to special 

provisions of the Convention and of 

Commission decisions. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/23/15 80 FR 64382 

ANPRM Comment 

Period End.

11/23/15 

To Be Determined To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BF41 

178. Bering Sea and Aleutian Islands 

Pacific Cod Pot Catcher/Processor 

License Limitation Program Adjustment 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council (Council), 

this action announces the establishment 

of a control date for the Bering Sea and 

Aleutian Islands (BSAI) Pacific cod pot 

catcher/processor sector. Currently, pot 

catcher/processor vessels fishing for 

Pacific cod in the BSAI are required to 

have a License Limitation Program 

(LLP) that is endorsed for fishing Pacific 

cod by gear type, operational type, and 

area. The Council is evaluating 

participation and effort in the BSAI 

Pacific cod catcher/processor fishery in 

response to a potential need to control 

entry and participation in the Pacific 

cod pot catcher/processor sector. 

Specifically, the Council is considering 

options to address and potentially 

eliminate latent Bering Sea pot catcher/ 

processor endorsed LLPs (which are 

LLP endorsements not recently utilized) 

in order to increase stability for Pacific 

cod-dependent pot catcher/processors, 

maintain consistently low rates of 

halibut and crab bycatch, and ensure 

that condensed fishing seasons do not 

result in safety-at-sea concerns. The 

Council may use the control date if it 

decides to recommend removing latent 

BSAI Pacific cod endorsements on pot 

catcher/processor LLPs to limit 

participation in the sector. Any fishing 

activity after the control date would not 

be assured to be considered should the 

Council recommend and NMFS 

implement a regulatory amendment to 

remove latent LLP endorsements. This 

announcement is intended, in part, to 

promote awareness of the potential 


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eligibility criteria for future access to 

discourage speculative entry into the 

BSAI Pacific cod sector while the 

Council and NMFS consider whether 

and how access to the sector should be 

further controlled. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 12/10/19 84 FR 67421 

ANPRM Comment 

Period End.

12/10/19 

NPRM .................. 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Phone: 907 586–7221, Fax: 907 586– 

7465, Email: jim.balsiger@noaa.gov. 

RIN: 0648–BJ42 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

179. Licensing of Private Land RemoteSensing Space Systems 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 51 U.S.C. 60101 et 

seq. 

Abstract: The National Oceanic and 

Atmospheric Administration (NOAA’s) 

National Environmental Satellite, Data, 

and Information Service proposes to 

revise its final rule issued on April 26, 

2006, addressing the licensing of private 

land remote sensing space systems. The 

purpose of this revision is to modify 

NOAA’s requirements for the licensing, 

monitoring and compliance of operators 

of private land remote sensing space 

systems under title II of the Land 

Remote Sensing Policy Act of 1992. 

These modifications are intended to 

address changes in remote sensing 

technology and business practices since 

the issuance of the final rule. The 

revision is intended to facilitate the 

further development of the U.S. 

commercial remote sensing industry, 

while preserving essential U.S. national 

security interests, foreign policy, and 

international obligations. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 06/29/18 83 FR 30592 

ANPRM Comment 

Period End.

08/28/18 

NPRM .................. 05/14/19 84 FR 21282 

NPRM Comment 

Period End.

07/15/19 

Final Rule ............ 05/20/20 85 FR 30790 

Action Date FR Cite 

Comment Period 

End.

06/19/20 

Final Rule Effective.07/20/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alan D. Robinson, 

Program Coordinator for Commercial 

Remote Sensing, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1335 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–3387, Fax: 301 

713–2032, Email: alan.robinson@

noaa.gov. 

RIN: 0648–BA15 

180. Commerce Trusted Trader 

Program 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The National Marine 

Fisheries Service (NMFS) withdraws the 

Commerce Trusted Trader Program 

proposed rule, which published in the 

Federal Register on January 17, 2018. 

The proposed voluntary program was 

intended to offer qualified importers 

electing to participate in the program a 

reduction in reporting and 

recordkeeping requirements and 

streamlined entry into U.S. commerce 

for seafood imports subject to the 

Seafood Import Monitoring Program. 

Upon consideration of public comment, 

NMFS has determined that this program 

will not provide the anticipated benefits 

to industry. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/17/18 83 FR 2412 

NPRM Comment 

Period End.

03/19/18 

Withdrawal .......... 09/18/20 85 FR 58321 

Withdrawal Effective.09/18/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Director, 

Office of International Affairs and 

Seafood Inspection, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BG51 

181. Rule to Implement the For-Hire 

Reporting Amendments 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rule implements 

Amendment 39 for the Snapper-Grouper 

Fishery of the South Atlantic Region, 

Amendment 9 for the Dolphin and 

Wahoo Fishery of the Atlantic, and 

Amendment 27 to the Coastal Migratory 

Pelagics Fishery of the Gulf of Mexico 

and Atlantic Regions (For-Hire 

Reporting Amendments). The For-Hire 

Reporting Amendments rule 

implements mandatory weekly 

electronic reporting for charter vessel 

operators with a Federal for-hire permit 

in the snapper-grouper, dolphin wahoo, 

or coastal migratory pelagics fisheries; 

reduces the time allowed for headboat 

operators to complete their electronic 

reports; and requires location reporting 

by charter vessels with the same level of 

detail currently required for headboat 

vessels. 

Timetable: 

Action Date FR Cite 

Notice of Availability.03/14/18 83 FR 11164 

NPRM .................. 04/04/18 83 FR 14400 

NPRM Comment 

Period End.

05/04/18 

Final Rule ............ 02/24/20 85 FR 10331 

Final Rule Effective.09/01/20 

Final Rule; Delay 

of Effective 

Date.

08/07/20 85 FR 47917 

Final Rule; Delay 

of Effective 

Date Effective.

01/04/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Regional Administrator, Southeast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BG75 

182. New England Industry-Funded 

Monitoring Amendment 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rule implements 

measures for industry funding and 

prioritizing available Federal funding to 

pay for additional monitoring, 

consistent with specific monitoring 

coverage targets recently set by the New 

England Fishery Management Council, 

for New England fishery management 

plans. Specifically, this action would 

modify all the New England fishery 

management plans to allow 

standardized development of future, 

plan-specific, industry-funded 

monitoring programs. This action would 

also prioritize industry-funded 


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monitoring programs across New 

England fishery management plans 

when available Federal funding falls 

short of the total needed to fully fund 

all monitoring programs. Finally, this 

rule implements industry-funded 

monitoring requirements for the 

Atlantic Herring fishery management 

plan. 

Timetable: 

Action Date FR Cite 

Notice of Availability.09/19/18 83 FR 47326 

NPRM .................. 11/07/18 83 FR 55665 

NPRM Comment 

Period End.

12/24/18 

Final Action ......... 02/07/20 85 FR 7414 

Final Action Effective.03/09/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BG91 

183. Vessel Movement, Monitoring, and 

Declaration Management Enhancement 

for the Pacific Coast Groundfish 

Fishery; Pacific Coast Groundfish 

Fishery Management Plan 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rulemaking action 

implements the Pacific Fishery 

Management Council’s action to 

implement various measures that 

provide more efficient and effective 

monitoring, improve enforcement of 

restricted areas, and reduce costs for the 

Pacific coast groundfish fleet. This 

action would: Increase the required 

frequency of signals transmitted from 

type-approved vessel monitoring system 

(VMS) units from once per hour to every 

15 minutes to provide finer-scale vessel 

location data; allow vessels to use 

alternative VMS units; add a VMS 

declaration to indicate when a vessel is 

testing gear; allow vessels participating 

in the midwater trawl whiting fishery to 

change their declaration while at-sea to 

select a new whiting fishery; and allow 

vessels to move pot gear from one 

management area to another during a 

single trip while retaining fish from the 

primary management area. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/10/19 84 FR 54579 

Action Date FR Cite 

NPRM Comment 

Period End.

11/12/19 

Final Action ......... 06/11/20 85 FR 35594 

Final Action Effective.07/13/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BI45 

184. Framework Adjustment 59 to the 

Northeast Multispecies Fishery 

Management Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This rulemaking action 

proposes to implement management 

measures included in the New England 

Fishery Management Council’s 

Framework Adjustment 59 to the 

Northeast Multispecies Fishery 

Management Plan (Framework 59) 

developed in response to new scientific 

information. The proposed action would 

set fishing years 2020–2022 

specifications for 15 groundfish stocks, 

and fishing year 2020 total allocable 

catches (TAC) for the three U.S./Canada 

stocks: Eastern Georges Bank cod, 

Eastern Georges Bank haddock, and 

Georges Bank yellowtail flounder. This 

action would also revise the Georges 

Bank cod incidental TAC to remove the 

allocation to the Closed Area I Hook 

Gear Haddock Special Access Program, 

and as necessary in response to any new 

data coming from the Marine 

Recreational Information Program, 

address commercial/recreational 

allocation issues. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/29/20 85 FR 32347 

NPRM Comment 

Period End.

06/15/20 

Final Action Effective.07/28/20 

Final Action ......... 07/30/20 85 FR 45794 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BJ12 

185. Vessel Monitoring Systems; 

Amendment to Type-Approval 

Requirements 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The U.S. Vessel Monitoring 

System (VMS) program type-approves 

enhanced mobile transceiver units 

(EMTUs) for use in the U.S. Currently, 

the only option for transferring VMS 

data from ship to NMFS is by satellitelinked communication services. All 

owners of vessels participating in the 

NOAA VMS program are required to 

carry a NMFS-approved EMTU or MTU 

to comply with the Vessel Monitoring 

System requirements. This rule would 

modify the type-approval requirements 

to allow for communication service by 

cellular EMTUs (EMTU-Cs), in addition 

to satellite-only models. The need for 

the rule is to set out procedures and 

requirements for initial type-approvals; 

compliance with, and revocations and 

appeals of type-approvals; and 

technical, service, and performance 

specifications. This would allow EMTUCs to be type-approved and used in 

certain federally managed fisheries with 

a VMS requirement. Generally, cellular 

communication services come at a 

significantly lower cost than satellite 

services. A lower cost could ease the 

financial burden on fishermen, while 

providing NMFS with additional 

capabilities to manage fishery resources, 

and to protect marine species and 

ecologically sensitive areas. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/24/20 85 FR 4257 

NPRM Comment 

Period End.

02/24/20 

Final Action ......... 07/08/20 85 FR 40915 

Final Action Effective.08/07/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Landon, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West Hwy, 

Bldg SSMC 3, Room 3151, Silver Spring, 

MD 20910, Phone: 301 427–8245, Email: 

james.landon@noaa.gov. 

RIN: 0648–BJ15 

186. Amendment 21 to the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 


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16876 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Abstract: In response to action by the 

Mid-Atlantic Fishery Management 

Council to integrate chub mackerel as a 

stock managed under the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan, this rulemaking 

action replaces preliminary chub 

mackerel management measures 

implemented in August 2017 under the 

Unmanaged Forage Omnibus 

Amendment that expire December 31, 

2020. The objective of this action is to 

sustainably manage chub mackerel 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. The action would: Identify chub 

mackerel management goals and 

objectives; designate chub mackerel 

essential fish habitat; create a chub 

mackerel management unit; specify 

chub mackerel status determination 

criteria; set chub mackerel acceptable 

biological catch and annual catch limits; 

establish a process to set chub mackerel 

catch limits and distribute them among 

commercial and recreational fisheries; 

create accountability measures to 

prevent overfishing; and establish chub 

mackerel permit and reporting 

requirements. 

Timetable: 

Action Date FR Cite 

Notice of Availability.02/14/20 85 FR 8534 

Notice of Availability Comment 

Period End.

04/14/20 

NPRM .................. 03/09/20 85 FR 13603 

NPRM Comment 

Period End.

04/08/20 

Final Rule ............ 08/04/20 85 FR 47103 

Correction ............ 08/18/20 85 FR 50793 

Final Rule Effective.09/03/20 

Correction Effective.09/03/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BJ16 

187. Regulatory Amendment To Adjust 

the North Pacific Observer Program 

Partial Coverage Fee 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council, this 

action would modify the fee percentage 

assessed on groundfish and halibut 

landings made by vessels operating in 

the Bering Sea and Aleutian Islands and 

Gulf of Alaska management areas. This 

action would increase the observer fee 

from 1.25 percent to 1.65 percent of the 

ex-vessel value of landings made by 

vessels that are not in the full coverage 

category. Fee revenues are used to fund 

deployment of observers and electronic 

monitoring (EM) in the partial coverage 

category of the North Pacific Observer 

Program. This action is necessary to 

provide additional funding to deploy 

observers and EM in the partial coverage 

category to better meet monitoring 

objectives for the North Pacific Observer 

Program. Section 313 of the MagnusonStevens Fishery Conservation and 

Management Act establishes that data 

collected by well-trained, independent 

observers and EM are a cornerstone of 

the sustainable management of Federal 

fisheries off Alaska. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/09/20 85 FR 13618 

NPRM Comment 

Period End.

04/08/20 

Final Action ......... 07/10/20 85 FR 41424 

Final Action Effective.08/10/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BJ40 

188. Amendment 121 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and Amendment 110 

to the Fishery Management Plan for 

Groundfish of the Gulf of Alaska 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This action implements the 

North Pacific Fishery Management 

Council’s Amendments to the Bering 

Sea/Aleutian Islands (Amendment 121) 

and Gulf of Alaska (Amendment 110) 

Groundfish Fishery Management Plans 

(FMPs). These Amendments would 

move sculpins into the Ecosystem 

Component of the FMPs, which is a 

category of non-target species that are 

not in need of conservation and 

management. Magnuson-Stevens Act 

National Standard guidelines include 

options to identify non-target species in 

FMPs (species caught incidentally 

during the pursuit of target stocks in a 

fishery) that do not require conservation 

and management as ecosystem 

component species. As an Ecosystem 

Component, this action proposes that 

catch specifications for sculpins 

(Overfishing Level, Acceptable 

Biological Catch, Total Allowable Catch) 

would no longer be required, but 

instead, regulations would prohibit 

directed fishing forsculpins, require 

recordkeeping and reporting to monitor 

and report catch of sculpins annually, 

and establish a sculpins maximum 

retainable amount when directed fishing 

for groundfish species at 20 percent to 

discourage retention while allowing 

flexibility to prosecute groundfish 

fisheries. This action would free up 

approximately 5,000 metric tons (mt) of 

total allowable catch (TAC) under the 2 

million mt optimum yield limit for the 

Bering Sea/Aleutian Islands 

management area. This TAC could be 

allocated to any groundfish target 

species during the annual harvest 

specifications process, thereby allowing 

for some flexibility with allocations. 

Timetable: 

Action Date FR Cite 

Notice of Availability.03/23/20 85 FR 13610 

NPRM .................. 04/23/20 85 FR 22703 

NPRM Comment 

Period End.

05/23/20 

Final Action ......... 07/10/20 85 FR 41427 

Final Action Effective.08/10/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BJ49 

189. Atlantic Bluefish 2020–2021 

Specifications and Recreational 

Management Measures 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The Mid-Atlantic Fishery 

Management Council has developed and 

recommended proposed 2020–21 

bluefish fishery specifications. This 

action would revise bluefish fishery 

catch limits for fishing years 2020 and 

2021, as well as recreational 

management measures to constrain 

catch to these new limits and prevent 

overfishing. The August 2019 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16877 

operational assessment incorporated 

revised Marine Recreational Information 

Program estimates into its analyses and 

biological reference points. This 

assessment determined that the bluefish 

stock is overfished but not subject to 

overfishing. Using this new information, 

the Council recommends revising 

bluefish catch specifications to prevent 

overfishing from occurring. This action 

also proposed Council-recommended 

reductions in recreational bag limit or 

private anglers and for for-hire (charter/ 

party). All other management measures, 

including recreational season and 

minimum fish size would remain 

unchanged. Given the stock status, the 

fishery will be operating under interim 

measures promulgated under section 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act until 

this action is finalized. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/11/20 85 FR 27703 

NPRM Comment 

Period End.

05/26/20 

Final Action ......... 06/29/20 85 FR 38794 

Final Action Effective.06/29/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BJ61 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Final Rule Stage 

190. Trademark Fee Adjustment 

Regulatory Plan: This entry is Seq. 

No. 10 in part II of this issue of the 

Federal Register. 

RIN: 0651–AD42 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Completed Actions 

191. Setting and Adjusting Patent Fees 

During Fiscal Year 2020 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

Legal Authority: 35 U.S.C. 2(b)(2); 5 

U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 32; 

35 U.S.C. 41; Pub. L. 113–227; 35 U.S.C. 

3(a)(2)(A); 35 U.S.C. 21; 35 U.S.C. 23; 35 

U.S.C. 134; 35 U.S.C. 135; Pub. L. 112– 

29; 35 U.S.C. 6; 35 U.S.C. 311; 35 U.S.C. 

231; 35 U.S.C. 321–326; Pub. L. 112–274 

Abstract: The USPTO operates like a 

business in that it fulfills requests for 

intellectual property products and 

services that are paid for by users of 

those services. The USPTO takes this 

action to set and adjusts patent fee 

amounts to provide sufficient aggregate 

revenue to cover aggregate cost of 

operations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/31/19 84 FR 37398 

NPRM Comment 

Period End.

09/30/19 

Final Action ......... 08/03/20 85 FR 46932 

Correction ............ 09/18/20 85 FR 58282 

Final Action Effective.10/02/20 

Correction Effective.10/02/20 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Brendan Hourigan, 

Director, Office of Planning and Budget, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450, Phone: 571 

272–8966, Fax: 571 273–8966, Email: 

brendan.hourigan@uspto.gov. 

RIN: 0651–AD31 

[FR Doc. 2021–04469 Filed 3–30–21; 8:45 am] 

BILLING CODE 3510–12–P 


jbell on DSKJLSW7X2PROD with PROPOSALS4