[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69633-69638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28700]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA012


Plan for Periodic Review of Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Regulatory Flexibility Act (RFA) requires that the 
National Marine Fisheries Service (NMFS) periodically review existing 
regulations that have a significant economic impact on a substantial 
number of small entities, such as small businesses, small 
organizations, and small governmental jurisdictions. This plan 
describes how NMFS will perform this review and describes the 
regulations that are being proposed for review during the current 
review-cycle.

DATES: Written comments must be received by NMFS by December 15, 2010.

ADDRESSES: You may submit comments on the plan for periodic review of 
regulations identified by 0648-XA012 by any of the following methods:
    <bullet> Electronic submissions: E-mail Susan Carrillo or Michelle 
McGregor at <a href="/cdn-cgi/l/email-protection#ebdddadb998e9d828e9cab85848a8ac58c849d"><span class="__cf_email__" data-cfemail="4c7a7d7c3e293a25293b0c22232d2d622b233a">[email protected]</span></a>.
    <bullet> Mail: Susan Carrillo, National Marine Fisheries Service, 
NOAA, Office of Sustainable Fisheries, 1315 East-West Highway, Silver 
Spring, MD 20910 (mark outside of envelope ``Comments on 610 review'').

FOR FURTHER INFORMATION CONTACT: Susan Carrillo, (301) 713-2341 for 
questions on rules under SUPPLEMENTARY INFORMATION section listed in 
items 1 through 22 or items 26 through 36, and contact Michelle 
McGregor, (301) 713-2319 for questions on rules under SUPPLEMENTARY 
INFORMATION section listed in items 14 and 22 through 25.

SUPPLEMENTARY INFORMATION:

Background

    The RFA, 5 U.S.C. 601, requires that Federal agencies take into 
account how their regulations affect ``small entities,'' including 
small businesses, small Governmental jurisdictions and small 
organizations. For regulations proposed after January 1, 1981, the 
agency must either prepare a Regulatory Flexibility Analysis or certify 
that the regulation, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. Section 602 
requires that NMFS issue an Agenda of Regulations identifying rules the 
Agency is developing that are likely to have a significant economic 
impact on a substantial number of small entities.
    Section 610 of the RFA requires Federal agencies to review existing 
regulations. It requires that NMFS publish a plan in the Federal 
Register explaining how it will review those of its existing 
regulations which have or will have a significant economic impact on a 
substantial number of small entities. Regulations in effect on January 
1, 1981 were to be reviewed within ten years of that date. Regulations 
that become effective after January 1, 1981 must be reviewed within ten 
years of the publication date of the final rule. Section 610(c) 
requires that NMFS publish annually in the Federal Register a list of 
rules it will review during the succeeding 12 months. The list must 
describe the rule, explain the need for it, give the legal basis for 
it, and invite public comment.

Criteria for Review of Existing Regulations

    The purpose of the review is to determine whether existing rules 
should be left unchanged, or whether they should be revised or 
rescinded in order to minimize significant economic impacts on a 
substantial number of small entities, consistent with the objectives of 
other applicable statutes. In deciding whether change is necessary, the 
RFA establishes several factors that NMFS will consider:
    (1) Whether the rule is still needed;
    (2) What type of complaints or comments were received concerning 
the rule from the public;
    (3) The complexity of the rule;
    (4) How much the rule overlaps, duplicates or conflicts with other 
Federal rules, and, to the extent feasible, with State and local 
governmental rules; and
    (5) How long it has been since the rule has been evaluated or how 
much the technology, economic conditions, or other factors have changed 
in the area affected by the rule.

Plan for Periodic Review of Rules

    NMFS will conduct reviews in such a way as to ensure that all rules 
for which a Final Regulatory Flexibility Analysis was prepared are 
reviewed within ten years of the year in which they were originally 
issued. This year, NMFS will review all such rules issued during 2001 
and 2002.
    The 2001-02 rules that NMFS will review by December 31, 2010 under 
the

[[Page 69634]]

Section 610 requirement of the RFA are as follows:
    1. Fisheries of the Exclusive Economic Zone (EEZ) Off Alaska; 
Amendments 61/61/13/8 to Implement Major Provisions of the American 
Fisheries Act (AFA) RIN 0648-AN55 (67 FR 79692, Dec. 30, 2002). NMFS 
issued final regulations to implement the following AFA-related 
amendments: Amendment 61 to the Fishery Management Plan (FMP) for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI), 
Amendment 61 to the FMP for Groundfish of the Gulf of Alaska (GOA), 
Amendment 13 to the FMP for BSAI King and Tanner Crab, and Amendment 8 
to the FMP for the Scallop Fishery off Alaska. These four amendments 
incorporate the provisions of the AFA into the FMPs and their 
implementing regulations. The management measures include: Measures 
that allocate the BSAI pollock among the sectors of the pollock 
processing industry and restrict who may fish for and process pollock 
within each industry sector; measures that govern the formation and 
operation of fishery cooperatives in the BSAI pollock fishery; 
harvesting and processing limits known as sideboards to protect the 
participants in other fisheries from spillover effects resulting from 
the rationalization of the BSAI pollock fishery; and measures that 
establish catch weighing and monitoring requirements for vessels and 
processors that participate in the BSAI pollock fishery. These 
amendments and management measures were necessary to implement the AFA. 
This rule was issued under the authority of the Magnuson-Stevens 
Fishery Management and Conservation Act (Magnuson-Stevens Act), 16 
U.S.C. 1801, and the AFA.
    2. Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program, RIN 0648-AL92 (67 FR 13291, 
Mar. 22, 2002). NMFS issued this final rule to change the Community 
Development Quota (CDQ) regulations for BSAI crab to allow the State of 
Alaska greater flexibility in establishing CDQ fishing seasons. This 
action was necessary to achieve the conservation and management goals 
for the BSAI crab CDQ program and was intended to further the 
objectives of the Magnuson-Stevens Act and the FMP for BSAI King and 
Tanner Crabs. This rule was issued under the authority of the Magnuson-
Stevens Act.
    3. Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid and Butterfish Fisheries; Framework Adjustment 2, RIN 0648-AP12 
(67 FR 44392, July 2, 2002). NMFS issued this final rule to implement 
measures contained in Framework Adjustment 2 (Framework 2) to the 
Atlantic Mackerel, Squid, and Butterfish FMP. This action extended the 
limited entry program for the Illex squid fishery for an additional 
year; allowed for the roll-over of the annual specifications for these 
fisheries (with the exception of total allowable landings of foreign 
fishing) in the event annual specifications are not published prior to 
the start of the fishing year; and allowed Loligo squid specifications 
to be set for up to 3 years, subject to annual review. NMFS disapproved 
the proposed framework measures to modify the Loligo squid overfishing 
definition and control rule; and to allow Illex squid vessels an 
exemption from the Loligo squid trip limit during an August or 
September closure of the directed Loligo squid fishery. This action was 
necessary and was intended to further the objectives of the FMP and the 
Magnuson-Stevens Act. This rule was issued under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801.
    4. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Charter Vessel and 
Headboat Permit Moratorium, RIN 0648-AO62 (67 FR 43558, June 28, 2002). 
NMFS issued this final rule to implement Amendment 14 to the FMP for 
the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic and Amendment 20 to the FMP for the Reef Fish Resources of the 
Gulf of Mexico. The final rule established a 3-year moratorium on the 
issuance of charter vessel or headboat (for-hire) permits for the reef 
fish fishery and coastal migratory pelagics fishery in the exclusive 
economic zone of the Gulf of Mexico. Also, as a consequence of the 
moratorium, the current charter vessel/headboat permit for coastal 
migratory pelagic fish was restructured to provide separate permits for 
the Gulf of Mexico and South Atlantic. The intended effect of this 
final rule was to cap the number of for-hire vessels operating in these 
respective fisheries at the current level while the Gulf of Mexico 
Fishery Management Council evaluated the need for further management 
actions that may be needed to rebuild these fishery resources, and 
promote attainment of optimum yield. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    5. Fisheries Off West Coast States and in the Western Pacific; 
Pelagic Fisheries; Prohibition on Fishing for Pelagic Management Unit 
Species; Nearshore Area Closures Around American Samoa by Vessels More 
Than 50 Feet in Length, RIN 0648-AL41 (67 FR 4369, Jan. 30, 2002). NMFS 
issued this final rule to prohibit certain vessels from fishing for 
Pacific pelagic management unit species within nearshore areas seaward 
of 3 nautical miles (nm) to approximately 50 nm around the islands of 
American Samoa. This prohibition was applied to vessels that measure 
more than 50 ft (15.2 m) in length overall and that did not land 
pelagic management unit species in American Samoa under a Federal 
longline general permit prior to November 13, 1997. This action was 
intended to prevent the potential for gear conflicts and catch 
competition between large fishing vessels and locally based small 
fishing vessels. Such conflicts and competition could lead to reduced 
opportunities for sustained participation by residents of American 
Samoa in the small-scale pelagic fishery. This rule was issued under 
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    6. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery, RIN 0648-AP78 (67 FR 50292, Aug. 1, 2002). In 
this interim final rule, NMFS implemented interim measures intended to 
reduce overfishing on species managed under the Northeast Multispecies 
FMP. Specifically, this interim final rule implemented additional 
restrictions specified in the Settlement Agreement Among Certain 
Parties (``Settlement Agreement''), which was ordered to be implemented 
by the U.S. District Court for the District of Columbia (Court) in a 
Remedial Order issued on May 23, 2002. The additional measures included 
the following: A freeze on days-at-sea at the highest annual level used 
from fishing years 1996-2000 (beginning May 1, 1996, through April 30, 
2001) and a 20-percent cut from that level; a freeze on the issuance of 
new open access Hand-gear permits, and a decreased cod, haddock, and 
yellowtail flounder possession limit for that category; increased gear 
restrictions for certain gear types, including gillnets, hook-gear and 
trawl nets; restrictions on yellowtail flounder catch; and mandated 
observer coverage levels for all gear sectors in the Northeast 
multispecies fishery. This interim final rule also continued many of 
the measures contained in an earlier interim final rule that was 
published on April 29, 2002, for this fishery. This action was 
necessary to bring the regulations governing the fishery into 
compliance with the Settlement Agreement and the Court's Remedial

[[Page 69635]]

Order. This rule was issued under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801.
    7. Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Pelagic Longline Gear Restrictions, 
Seasonal Area Closure, and Other Sea Turtle Take Mitigation Measures, 
RIN 0648-AN75 (67 FR 40232, June 12, 2002). NMFS issued a final rule 
under the FMP for the Pelagic Fisheries of the Western Pacific Region 
to implement the reasonable and prudent alternative of the March 29, 
2001, Biological Opinion issued by NMFS under the Endangered Species 
Act (ESA). This rule was intended to reduce interactions between 
endangered and threatened sea turtles and pelagic fishing gear and to 
mitigate the harmful effects of interactions that occur. The rule 
applies to the owners and operators of all vessels fishing for pelagic 
species under Federal western Pacific limited access longline permits 
(longline vessels) within the U.S. EEZ and the high seas around Hawaii, 
as well as those fishing for pelagic species with other types of hook-
and-line gear (non-longline pelagic vessels) within the EEZ around 
Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana 
Islands, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, 
Jarvis, Baker, and Howland Islands (western Pacific region). This rule 
prohibits the targeting of swordfish north of the equator by longline 
vessels, closes all fishing to longline vessels during April and May in 
waters south of the Hawaiian Islands (from 15[deg]N. lat. to the 
equator, and from 145[deg]W. long. to 180[deg] long.), prohibits the 
landing or possessing of more than 10 swordfish per fishing trip by 
longline vessels fishing north of the equator, allows the re-
registration of vessels to Hawaii longline limited access permits only 
during the month of October, requires all longline vessel operators to 
annually attend a protected species workshop, and requires utilization 
of sea turtle handling and resuscitation measures on both longline 
vessels and non-longline pelagic vessels using hook-and-line gear. This 
rule was issued under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801.
    8. Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2002 Specifications, 0648-AP37 (67 FR 3442, Jan. 24, 2002). In 
addition to issuing final specifications for the 2002 Atlantic herring 
fishery, as required by the FMP for Atlantic Herring, this rule 
corrected and clarified the final rule implementing the FMP by 
clarifying the vessel owners' or operators' reporting requirements. 
This rule was issued under the authority of the Magnuson-Stevens Act, 
16 U.S.C. 1801.
    9. Fisheries Off West Coast States and in the Western Pacific; 
Pelagic Fisheries; Measures to Reduce the Incidental Catch of Seabirds 
in the Hawaii Pelagic Longline Fishery, 0648-AO35 (67 FR 34408, May 14, 
2002). NMFS issued a final rule under the FMP for the Pelagic Fisheries 
of the Western Pacific Region that requires owners and operators of all 
vessels registered for use under a Hawaii longline limited access 
permit and operating with longline gear north of 23[deg]N. lat. to 
employ a line-setting machine with weighted branch lines or use basket-
style longline gear, and to use thawed blue-dyed bait and strategic 
offal discards during setting and hauling of longlines. The final rule 
also required that the owners and operators of these vessels follow 
certain seabird handling techniques and annually complete a protected 
species educational workshop conducted by NMFS. The final rule followed 
an emergency interim rule published on June 12, 2001, and was 
implemented to permanently codify the terms and conditions contained in 
a biological opinion issued on November 28, 2000, by the U.S. Fish and 
Wildlife Service and intended to afford protection to the endangered 
short-tailed albatross. The final rule also implemented management 
measures that were recommended by the Western Pacific Fishery 
Management Council and published in a proposed rule on July 5, 2000. 
These measures were designed to minimize interactions between seabirds 
and the Hawaii-based longline fishery. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    10. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Deep-
Sea Red Crab Fishery; Atlantic Deep-Sea Red Crab Fishery Management 
Plan, RIN 0648-AP76 (67 FR 63222, Oct. 10, 2002). NMFS issued this 
final rule to implement approved measures contained in the Atlantic 
Deep-Sea Red Crab FMP. These regulations implemented the following 
measures: A limited access program for the directed fishery; a target 
total allowable catch level; a Days-at-Sea allocation effort control 
program; permitting and reporting requirements, including an 
Interactive Voice Response system for limited access vessels; trip 
limits and incidental harvest allowances; trap/pot limits; processing-
at-sea restrictions; and a framework adjustment process, among other 
measures. The intended effect of this final rule was to implement 
permanent management measures for the Atlantic deep-sea red crab 
fishery and to prevent overfishing of the red crab resource. This rule 
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801.
    11. Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Experimental Setnet Sablefish 
Landings To Qualify Limited Entry Sablefish-Endorsed Permits for Tier 
Assignment, RIN 0648-AP39 (67 FR 65902, Oct. 29, 2002). NMFS approved a 
regulatory amendment to revise sablefish tier qualifications for the 
limited entry, fixed gear, and primary sablefish fishery. The final 
rule was issued to amend tier qualifications to include sablefish 
landings taken under the provisions of an exempted fishing permit (EFP) 
from 1984-1985 with setnet gear north of 38[deg]N. lat. Setnet EFP 
landings will be added to the current pot (trap) and longline landings 
to qualify a sablefish-endorsed permit for its tier assignment. This 
rule was intended to recognize historical sablefish landings made by 
current primary season participants. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    12. Fisheries of the Exclusive Economic Zone Off Alaska; Revisions 
to Recordkeeping and Reporting Requirements, RIN 0648-AO20 (67 FR 4100, 
Jan. 28, 2002). NMFS issued a final rule to amend portions of the 
regulations implementing recordkeeping and reporting requirements for 
groundfish fisheries in the EEZ off Alaska. This action was necessary 
to refine or correct regulations for improved management, to remove 
obsolete text, and to clarify and simplify existing text. This action 
was intended to facilitate management of the fisheries, promote 
compliance with the regulations, and facilitate enforcement efforts. 
This rule was issued under the authority of the Northern Pacific 
Halibut Act (Halibut Act), 16 U.S.C. 773, and the Magnuson-Stevens Act, 
16 U.S.C. 1801.
    13. Fisheries of the Exclusive Economic Zone Off Alaska; Extend the 
Interim Groundfish Observer Program Through December 31, 2007, and 
Amend Regulations for the North Pacific Groundfish Observer Program, 
RIN 0648-AQ05 (67 FR 72595, Dec. 6, 2002). NMFS issued a final rule to 
extend the applicability date of the existing regulations for the 
interim North Pacific Groundfish Observer Program (Observer Program), 
which otherwise expired December 31, 2002, through 2007. This final 
rule also amended regulations governing the Observer Program. These 
changes clarified and improved observer certification and 
decertification

[[Page 69636]]

processes; changed the duties and responsibilities of observers and 
observer providers to eliminate ambiguities and strengthen the 
regulations; and granted NMFS the authority to place NMFS staff and 
other qualified persons aboard vessels and at shoreside or floating 
stationary plants to increase NMFS' ability to interact effectively 
with observers, fishermen, and processing plant employees. These parts 
of the action were necessary to improve Observer Program support of the 
management objectives of the FMP for the Groundfish Fishery of the BSAI 
and the FMP for Groundfish of the GOA for those industry sectors 
already subject to such requirements. The intended effect was better 
managed fishery resources that result in the effective conservation of 
marine resources and habitat. This rule was issued under the authority 
of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    14. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations, RIN 
0648-AN88 (67 FR 1300, Jan. 10, 2002). NMFS issued this final rule to 
amend the regulations that implement the Atlantic Large Whale Take 
Reduction Plan to provide further protection for large whales, with an 
emphasis on protective measures to benefit North Atlantic right whales. 
This final rule expanded gear modifications required by a December 2000 
interim final rule to the Mid-Atlantic and Offshore lobster waters and 
modified requirements for gillnet gear in the mid-Atlantic. This rule 
was issued under the authority of the Marine Mammal Protection Act 
(MMPA), 16 U.S.C. 1361.
    15. Fisheries off West Coast States and in the Western Pacific; 
Precious Corals Fisheries; Harvest Quotas, Definitions, Size Limits, 
Gear Restrictions, and Bed Classification, RIN 0648-AK23 (67 FR 11941, 
Mar. 18, 2002). NMFS partially approved a regulatory amendment under 
the FMP for Precious Coral Fisheries of the Western Pacific Region 
submitted by the Western Pacific Fishery Management Council and issued 
a final rule that implemented gear restrictions, size limits, and 
definitions governing the harvest of precious coral resources managed 
under the FMP. (Precious coral management measures that were published 
in the proposed rule that applied only to the Northwestern Hawaiian 
Islands were not implemented by NMFS because they were determined to be 
inconsistent with certain provisions of Executive Order 13178 and 
Executive Order 13196, which together established the NWHI Coral Reef 
Ecosystem Reserve.) This rule was issued under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801.
    16. Fisheries Off West Coast States and in the Western Pacific; 
Atlantic Highly Migratory Species; Fisheries of the Northeastern United 
States; Implementation of the Shark Finning Prohibition Act (Act), RIN 
0648-AP21 (67 FR 6194, Feb. 11, 2002). NMFS published this final rule 
to implement the provisions of the Act. The final rule prohibited any 
person under U.S. jurisdiction from engaging in shark finning, 
possessing shark fins harvested on board a U.S. fishing vessel without 
corresponding shark carcasses, or landing shark fins harvested without 
corresponding carcasses. Finning is the practice of removing the fin or 
fins from a shark and discarding the remainder of the shark at sea. 
This final rule was issued in accordance with the requirement of the 
Act that the Secretary of Commerce issue regulations to implement the 
Act. The final rule did not alter or modify shark finning regulations 
already in place in the Atlantic for Federal permit holders. This rule 
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801.
    17. Atlantic Highly Migratory Species; Pelagic Longline Fishery; 
Shark Gillnet Fishery; Sea Turtle and Whale Protection Measures, RIN 
0648-AP49 (67 FR 45393, July 9, 2002). This final rule implemented 
measures required by the June 14, 2001, Biological Opinion on Atlantic 
highly migratory species (Atlantic HMS) fisheries. In the Atlantic HMS 
pelagic longline fishery, NMFS closed the northeast distant statistical 
reporting (NED) area, required the length of any gangion to be 10 
percent longer than the length of any floatline if the total length of 
any gangion plus the total length of any floatline is less than 100 
meters, and prohibited vessels from having hooks on board other than 
corrodible, non-stainless steel hooks. In the Atlantic HMS shark 
gillnet fishery, both the observer and vessel operator must look for 
whales, the vessel operator must contact NMFS if a listed whale is 
taken, and shark gillnet fishermen must conduct net checks every 0.5 to 
2 hours to look for and remove any sea turtles or marine mammals from 
their gear. This final rule also required all Atlantic HMS bottom and 
pelagic longline vessels to post sea turtle handling and release 
guidelines in the wheelhouse. The intent of these actions was to reduce 
the incidental catch and post-release mortality of sea turtles and 
other protected species in Atlantic HMS fisheries. This rule was issued 
under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    18. Fisheries of the Exclusive Economic Zone Off Alaska; License 
Limitation Program for Groundfish of the Bering Sea and Aleutian 
Islands Area, RIN 0648-AM40 (67 FR 18129, Apr. 15, 2002). NMFS issued 
this final rule to implement Amendment 67 to the FMP for the Groundfish 
BSAI. This action was necessary to stabilize fully utilized Pacific cod 
resources harvested with hook-and-line and pot gears in the BSAI. This 
was accomplished by issuing endorsements for exclusive participation in 
the hook-and-line and pot gear BSAI Pacific cod fisheries by long-time 
participants. The final rule also added a new definition for directed 
fishing for CDQ fisheries and clarified discard provisions for the 
individual fishing quota and CDQ fisheries. The intended effect of this 
action is to conserve and manage the Pacific cod resources in the BSAI. 
This rule was issued under the authority of the Magnuson-Stevens Act, 
16 U.S.C. 1801.
    19. Fisheries of the Exclusive Economic Zone Off Alaska; 
Prohibition of Non-pelagic Trawl Gear in Cook Inlet in the Gulf of 
Alaska, RIN 0648-AP79 (67 FR 70859, Nov. 27, 2002). NMFS issued this 
final rule to implement Amendment 60 to the FMP for Groundfish of the 
GOA. This amendment prohibited the use of non-pelagic trawl gear in 
Cook Inlet. This action was necessary to address bycatch avoidance 
objectives in the Magnuson-Stevens Act, and was intended to further the 
goals and objectives of the FMP for Groundfish of the GOA. This rule 
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801.
    20. Magnuson-Stevens Act Provisions; Fisheries off West Coast 
States and in the Western Pacific; Pacific Coast Groundfish Fishery; 
Annual Specifications and Management Measures, RIN 0648-AO69 (67 FR 
10490, Mar. 7, 2002). NMFS issued this final rule to implement the 2002 
fishery specifications and management measures for groundfish taken in 
the U.S. EEZ and State waters off the coasts of Washington, Oregon, and 
California. Management measures were intended to prevent overfishing; 
rebuild overfished species; minimize incidental catch and discard of 
overfished and depleted stocks; provide equitable harvest opportunity 
for both recreational and commercial sectors; and, within the 
commercial fisheries, achieve harvest guidelines and limited entry and 
open access allocations to the extent practicable. This rule was issued 
under

[[Page 69637]]

the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    21. Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program, RIN 0648-AK70 (67 FR 20915, Apr. 29, 2002). NMFS 
issued this final rule to implement Amendment 54 to the FMP for the 
Groundfish Fishery of the BSAI, Amendment 54 to the FMP for Groundfish 
of the GOA (Amendments 54/54), and an amendment to the Pacific halibut 
commercial fishery regulations for waters in and off Alaska. These 
amendments made three changes in the Individual Fishing Quota (IFQ) 
Program to: (1) Allow a quota share (QS) holder's indirect ownership or 
affiliation to a vessel, through corporate or other collective ties, to 
substitute for vessel ownership in the QS holder's own name for 
purposes of hiring a skipper to fish the QS holder's IFQ; (2) revise 
the definition of ``a change in the corporation or partnership'' to 
include language that explicitly specifies the point at which estates 
holding initial allocations of QS must transfer the QS to a qualified 
individual; and (3) revise sablefish use limits to be expressed in QS 
units rather than as percentages of the QS pool. This action was 
intended to improve the effectiveness of the IFQ Program. This action 
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 
1801, and the Halibut Act, 16 U.S.C. 773.
    22. Sea Turtle Conservation Measures for the Pound Net Fishery in 
Virginia Waters, RIN 0648-AP81 (67 FR 41196, June 17, 2002). NMFS 
prohibited the use of all pound net leaders measuring 12 inches (30.5 
cm) and greater stretched mesh and all pound net leaders with stringers 
in the Virginia waters of the mainstem Chesapeake Bay effective 
immediately through June 30 and then from May 8 to June 30 each year. 
The affected area includes all Chesapeake Bay waters between the 
Maryland and Virginia State line (approximately 38[deg]N. lat.) and the 
COLREGS line at the mouth of the Chesapeake Bay, and the waters of the 
James River, York River, and Rappahannock River downstream of the first 
bridge in each tributary. NMFS also imposed year round reporting and, 
when requested, monitoring requirements for the Virginia pound net 
fishery. This action was necessary to conserve sea turtles listed as 
threatened or endangered and to enable the agency to gather further 
information about sea turtle interactions in the pound net fishery. 
This rule was issued under the authority of the ESA, 16 U.S.C. 1531.
    23. Endangered and Threatened Species; Take of Four Threatened 
Evolutionarily Significant Units of West Coast Salmon; 4(d) Rule, RIN 
0648-AP17 (67 FR 1116, Jan. 10, 2002). Under the ESA, the Secretary of 
Commerce issues regulations as necessary and advisable for the 
conservation of species listed as ``threatened.'' This rule was issued 
to conserve four salmonid ``evolutionarily significant units'' or ESUs 
in California: California Central Valley Chinook, California Coastal 
Chinook, Central California Coast Coho and Northern California 
steelhead. The rule prohibited ``take'' of these four ESUs, subject to 
a number of exceptions. This rule was issued under the authority of the 
ESA, 16 U.S.C. 1531.
    24. Atlantic Large Whale 2002 Seasonal Area Management (SAM) 
Program, RIN 0648-AP68 (67 FR 1142, Jan. 9 2002). NMFS issued this 
interim final rule to amend the regulations that implement the Atlantic 
Large Whale Take Reduction Plan to provide further protection for large 
whales, with an emphasis on North Atlantic right whales, through a 
Seasonal Area Management (SAM) program. The SAM program defines two 
areas based on the annual predictable presence of North Atlantic right 
whales in which gear restrictions for lobster trap and anchored gillnet 
gear are required. This action was necessary due to the critical status 
of the North Atlantic right whale population. The intent of the action 
was to reduce interactions between North Atlantic right whales and 
fishing gear and to reduce serious injury and mortality of North 
Atlantic right whales due to entanglement in fishing gear. This rule 
was issued under the authority of the MMPA, 16 U.S.C. 1361.
    25. Regulations Governing the Approach to Humpback Whales in 
Alaska, RIN 0648-AN29 (66 FR 29502, May 31, 2001). This rule 
established measures to protect humpback whales in waters within 200 
nautical miles of Alaska. Under these regulations it is unlawful for a 
person subject to the jurisdiction of the United States to approach, by 
any means, with some exceptions, within 100 yards of a humpback whale. 
The primary objective of limiting approaches around humpback whales was 
to minimize disturbance that could adversely affect the individual 
animal and to manage the threat to these animals caused by whale 
watching activities. The humpback whale is listed as endangered under 
the ESA. This rule was issued under the authority of the ESA, 16 U.S.C. 
1531, and the MMPA, 16 U.S.C. 1361.
    26. Fisheries of the Exclusive Economic Zone Off Alaska; Improved 
Individual Fishing Quota Program, RIN 0648-AK50 (66 FR 27908, May 14, 
2001). This rule amended regulations implementing the IFQ Program for 
the Pacific halibut and sablefish fixed gear fisheries in and off 
Alaska. NMFS identified parts of the program that needed further 
refinement or correction for effective management of the affected fixed 
gear fisheries. This action effected those refinements and was 
necessary to further the objectives of the Magnuson-Stevens Act with 
respect to the IFQ fisheries. This rule was issued under the authority 
of the Halibut Act, 16 U.S.C. 773, and the Magnuson-Stevens Act, 16 
U.S.C. 1801.
    27. Fisheries of the Exclusive Economic Zone off Alaska; Western 
Alaska Community Development Quota Program, RIN 0648-AM72 (66 FR 13672, 
Mar. 7, 2001). This final rule implemented Amendment 66 to the FMP for 
the Groundfish Fishery of the BSAI. Amendment 66 removed the allocation 
of squid to the Western Alaska CDQ Program to prevent the catch of 
squid from limiting the catch of pollock CDQ. The regulatory amendment 
defining directed fishing for pollock CDQ implemented the intent of the 
AFA that only pollock caught while directed fishing for pollock CDQ 
accrue against the pollock CDQ allocation. This rule was issued under 
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    28. Fisheries of the Exclusive Economic Zone off Alaska; Revisions 
to Definition of Length Overall of a Vessel, RIN 0648-AN23 (66 FR 
47416, Sept. 12, 2001). This final rule clarified the definition of 
length overall (LOA) of a vessel for the purposes of the regulations 
governing the groundfish fisheries in the EEZ off Alaska. The action 
was intended to prevent any misunderstanding or equivocation by vessel 
owners in determining a vessel's LOA, and to further the goals and 
objectives of the FMP for Groundfish of the GOA and the FMP for the 
Groundfish Fishery of the BSAI. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    29. Fisheries of the Exclusive Economic Zone off Alaska; License 
Limitation Program, RIN 0648-AL95 (66 FR 48813, Sept. 24, 2001). This 
final rule implemented Amendment 60 to the FMP for the Groundfish 
Fishery of the BSAI, Amendment 58 to the FMP for Groundfish of the GOA, 
and Amendment 10 to the FMP for the Commercial King and Tanner Crab 
Fisheries in the BSAI. This rule was necessary to implement changes to 
the License Limitation Program made by these amendments and was 
intended to further the objectives of the Magnuson-

[[Page 69638]]

Stevens Act and the three FMPs. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    30. Atlantic Coastal Fisheries Cooperative Management Act 
Provisions; Horseshoe Crab Fishery; Closed Area, RIN 0648-AO02 (66 FR 
8906, Feb. 5, 2001). NMFS issued this final rule to prohibit fishing 
for horseshoe crabs and limit possession of them in an area in the EEZ 
encompassing a 30-nautical mile radius (in a shape roughly equivalent 
to a rectangle) seaward from the midpoint of the territorial sea line 
at the mouth of Delaware Bay. The intent of the final rule was to 
provide protection for the Atlantic coast stock of horseshoe crab and 
to promote the effectiveness of the Atlantic States Marine Fisheries 
Commission's Interstate FMP for horseshoe crab. This rule was issued 
under the authority of the Atlantic Coastal Fisheries Cooperative 
Management Act, 16 U.S.C. 5101.
    31. Fisheries of the Northeastern United States, Fishery Management 
Plan for Tilefish, RIN 0648-AF87 (66 FR 49136, Sept. 26, 2001). This 
final rule was issued to implement the FMP for Tilefish. Specifically, 
it was designed to eliminate overfishing, as defined in that FMP, and 
to rebuild the tilefish stock in the northwest Atlantic Ocean by 
implementing: a stock rebuilding strategy; a limited entry program; a 
tiered commercial quota; permit and reporting requirements for 
commercial vessels, operators, and dealers; a prohibition on the use of 
gear other than longline gear by limited-access tilefish vessels; and 
an annual specification and framework adjustment process. This rule was 
issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    32. Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Groundfish Observer Program, RIN 
0648-AN27 (66 FR 20609, April 24, 2001). NMFS issued this final rule to 
amend the regulations implementing the Pacific Coast Groundfish FMP to 
provide for an at-sea observation program on all limited entry and open 
access catcher vessels. It required vessels in the groundfish fishery 
to carry observers when notified by NMFS or its designated agent; 
established notification requirements for vessels that may be required 
to carry observers; and established responsibilities and defined 
prohibited actions for vessels that are required to carry observers. 
The at-sea observation program was intended to improve estimates of 
total catch and fishing mortality. This rule was issued under the 
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
    33. Fisheries off West Coast States and in the Western Pacific; 
West Coast Salmon Fisheries; Amendment 14, RIN 0648-AL51 (66 FR 29238, 
May 30, 2001). NMFS issued this final rule to implement portions of 
Amendment 14 to the FMP for Commercial and Recreational Salmon 
Fisheries off the Coasts of Washington, Oregon, and California. The 
final rule made minor changes to language regarding spawning escapement 
and management goals; implemented a new recreational allocation to the 
Port of La Push and adjusted the Neah Bay allocation accordingly; added 
preseason flexibility for recreational port allocations north of Cape 
Falcon; and implemented preseason flexibility in setting recreational 
port allocations or recreational and commercial allocations north of 
Cape Falcon to take advantage of selective fishing opportunities for 
marked hatchery fish. The intended effect of the final rule was to 
employ management measures that minimize impacts to species, stocks, or 
size/age classes of concern, while maximizing access to harvestable 
fish. This rule was issued under the authority of the Magnuson-Stevens 
Act, 16 U.S.C. 1801.
    34. Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Amendment 13, RIN 0648-AO41 (66 FR 
29729, June 1, 2001). NMFS issued this final rule to implement 
Amendment 13 to the Pacific Coast Groundfish FMP. It established an 
increased utilization program for catcher/processor and mother ships in 
the at-sea whiting fisheries which carry multiple observers for at 
least 90 percent of the fishing days during a cumulative trip limit 
period, by revising the regulatory provisions for the routine 
management measures process, and by removing regulatory references to 
limited entry permit endorsements other than the ``A'' endorsement. 
This rule was issued under the authority of the Magnuson-Stevens Act, 
16 U.S.C. 1801.
    35. Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Amendment 14, RIN 0648-AO97 (66 FR 
41152, Aug. 7, 2001). This rule implemented Amendment 14 to the Pacific 
Coast Groundfish FMP, which created a permit stacking program for 
limited entry permits with sablefish endorsements. The program was 
intended to lengthen the duration of the limited entry, fixed gear 
primary sablefish fishery; increase safety in that fishery; provide 
flexibility to participants; and reduce capacity in the limited entry 
fixed gear fleet. This rule was issued under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801.
    36. International Fisheries Regulations; Pacific Tuna Fisheries, 
RIN 0648-AO42 (66 FR 49317, Sept. 27, 2001). This rule was issued to 
implement fishery conservation and management measures for the U.S. 
purse seine fishery in the eastern Pacific Ocean (EPO) to reduce 
bycatch of juvenile tuna, non-target fish species, and non-fish 
species. These measures were recommended by the Inter-American Tropical 
Tuna Commission (IATTC) and approved by the U.S. Department of State, 
in accordance with the Tuna Conventions Act of 1950. In addition, this 
rule established reporting requirements for U.S. vessels fishing for 
tuna in the EPO in order to gather information that NMFS could provide 
to the IATTC for a regional vessel register. The vessel register was 
created to promote consistent compliance across all IATTC member 
nations by ensuring constant attention to fleets active in the area and 
aiding in identification of vessels engaged in illegal, unreported or 
undocumented fishing in the EPO. This rule was issued under the 
authority of the Tuna Conventions Act, 16 U.S.C. 1801.

    Dated: November 8, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28700 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-22-P


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