Monday, 

December 20, 2010 

Part IV 

Department of 

Commerce 

Semiannual Regulatory Agenda 


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79726 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DEPARTMENT OF COMMERCE (DOC) 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

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

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

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

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

Fall 2010 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866 entitled ‘‘Regulatory 

Planning and Review’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Department), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to prerulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the spring 2010 agenda. 

The purpose of the agenda is to provide 

information to the public on regulations 

currently under review, being proposed, 

or issued by the Department. The 

agenda is intended to facilitate 

comments and views by interested 

members of the public. 

The Department’s fall 2010 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period October 1, 2010, 

through September 30, 2011. 

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: The 

Department hereby publishes its fall 

2010 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 July 23, 2010, the 

Office of Management and Budget 

issued guidelines and procedures for the 

preparation and publication of the fall 

2010 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, 

and a list that identifies those entries 

that have been selected for periodic 

review under section 610 of the 

Regulatory Flexibility Act. 

In this edition of the Department’s 

regulatory agenda, a list of the most 

important significant regulatory 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. 

In addition, 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. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act, the 

Department’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, the Department’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within the Department, the Office of 

the Secretary and various operating 

units may issue regulations. Operating 

units, such as the National Oceanic and 

Atmospheric Administration (NOAA), 

the Bureau of Industry and Security, 

and the Patent and Trademark Office 

issue the greatest share of the 

Department’s regulations. 

A large number of regulatory actions 

reported in the agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

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. 

Fishery Management Plans (FMPs) are 

to be prepared for fisheries that require 

conservation and management 

measures. Regulations implementing 

these FMPs regulate domestic fishing 

and foreign fishing where permitted. 

Foreign fishing may be conducted in a 

fishery in which there is no FMP only 

if a preliminary fishery management 

plan has been issued to govern that 

foreign fishing. Under the Act, eight 

Regional Fishery Management Councils 

(Councils) prepare FMPs or 

amendments to FMPs for fisheries 

within their respective areas. In the 

development of such plans or 

amendments and their implementing 

regulations, the Councils are required by 

law to conduct public hearings on the 

draft plans and to consider the use of 

alternative means of regulating. 


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DOC 

The Council process for developing 

FMPs and amendments makes it 

difficult for NMFS to determine the 

significance and timing of some 

regulatory actions under consideration 

by the Councils at the time the 

semiannual regulatory agenda is 

published. 

The Department’s fall 2010 regulatory 

agenda follows. 

Cameron F. Kerry, 

General Counsel. 

International Trade Administration—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

218 Commercial Availability of Fabric and Yarn .................................................................................................................. 0625–AA59 

National Oceanic and Atmospheric Administration—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

219 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ........................................ 0648–AR63 

220 American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission ......................................................................... 0648–AT31 

221 Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries 

Service Permits ............................................................................................................................................................ 0648–AV76 

222 Marine Mammal Protection Act Stranding Regulation Revisions ................................................................................. 0648–AW22 

223 Amendment 4 to the Atlantic Herring Fishery Management Plan ................................................................................ 0648–AW75 

224 Allowable Modifications to the Turtle Excluder Device Requirements ......................................................................... 0648–AW93 

225 Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of the Northeast 

Multispecies Fishery Management Plan ...................................................................................................................... 0648–AW95 

226 Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan ............................................... 0648–AX05 

227 Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations .................................................................................................................................................... 0648–AX47 

228 Amendment 3 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin 

Islands Establishing Compatible Regulations With U.S. Virgin Islands Territorial Waters ......................................... 0648–AY03 

229 Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook Salmon Rebuilding Plan 0648–AY06 

230 Amendment 3 to the Spiny Dogfish Fishery Management Plan ................................................................................... 0648–AY12 

231 Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific Coast Groundfish Fishery .................................................................................................................................... 0648–AY17 

232 Generic Amendment for Annual Catch Limits ............................................................................................................... 0648–AY22 

233 Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... 0648–AY26 

234 Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish Aggregation Devices ................ 0648–AY36 

235 Amendment 5 to the Atlantic Herring Fishery Management Plan ................................................................................ 0648–AY47 

236 Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef Fish FMP of Puerto Rico and the U.S. Virgin Islands ................................................................. 0648–AY55 

237 Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic .......... 0648–AY72 

238 Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region ................................................................................................................................. 0648–AY73 

239 Amendment 20 to the Snapper Grouper Fishery Management Plan of the South Atlantic Region ............................ 0648–AY74 

240 Regulatory Amendment To Recover the Administrative Costs of Processing Permit Applications ............................. 0648–AY81 

241 Regulatory Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast 

Multispecies Fisheries Management Plan ................................................................................................................... 0648–AY95 

242 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011-2012 Biennial Specifications and Management Measures ...................................................................................................................................................... 0648–BA01 

243 2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery .............................................................. 0648–BA03 

244 Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery ................................... 0648–BA13 

245 Potential Revisions to the Turtle Excluder Device Requirements ................................................................................ 0648–AV04 

246 Marine Mammal Protection Act Permit Regulation Revisions ...................................................................................... 0648–AV82 

247 Take and Import Marine Mammals: Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California .................................................................................................... 0648–AW59 

248 Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries ................................................................................................ 0648–AY61 


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DOC 

National Oceanic and Atmospheric Administration—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

249 Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western 

Alaska Community Development Quota Program ....................................................................................................... 0648–AV33 

250 Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and Unregulated Fishing or 

Bycatch of Protected Living Marine Resources (Reg Plan Seq No. 28) ................................................................... 0648–AV51 

251 Magnuson-Stevens Fishery Conservation and Management Reauthorization Act Environmental Review Procedure 0648–AV53 

252 Revise Regulations Governing the North Pacific Groundfish Observer Program ........................................................ 0648–AW24 

253 Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota Share Under the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota Program ................................................................. 0648–AX91 

254 Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the 

Bajo de Sico Seasonal Closure ................................................................................................................................... 0648–AY05 

255 Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648–AY10 

256 Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648–AY11 

257 Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew Island Habitat Conservation Area Revision, and Modified Gear Trawl Zone ........................................................................................... 0648–AY34 

258 Regulatory Amendment to Revise Charter Halibut Logbook Submission Requirements at 50 CFR part 300 ............ 0648–AY38 

259 Addendum IV to the Weakfish Interstate Management Plan—Bycatch Trip Limit ....................................................... 0648–AY41 

260 Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean ....................................................... 0648–AY75 

261 Emergency Rule To Re-Open the Recreational Red Snapper Season in the Gulf of Mexico .................................... 0648–BA06 

262 Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine 

Mammal Protection Act ............................................................................................................................................... 0648–AV15 

263 Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities ............................................................................................................................................................................... 0648–AW80 

264 Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle ................................... 0648–AX06 

265 Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act (Reg Plan Seq No. 

29) ................................................................................................................................................................................ 0648–AX50 

266 Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex .................................................................................... 0648–AX86 

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 

Number Title 

Regulation 

Identifier 

Number 

267 Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .................................. 0648–AS65 

268 Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory .................................................................................. 0648–AH26 

National Oceanic and Atmospheric Administration—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

269 South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ......................................................................... 0648–AV31 

270 Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan ... 0648–AW11 

271 Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin 

Islands .......................................................................................................................................................................... 0648–AW15 

272 Amendment 3 to the Northeast Skate Complex Fishery Management Plan ................................................................ 0648–AW30 

273 Atlantic Highly Migratory Species; Atlantic Shark Management Measures .................................................................. 0648–AW65 

274 Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico ...................... 0648–AX67 

275 Snapper-Grouper Fishery Management Plan of the South Atlantic ............................................................................. 0648–AX75 

276 Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the Bering Sea Aleutian Islands ................................................................................................................................................................... 0648–AX89 

277 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ....................................... 0648–AY04 

278 2010 to 2012 Atlantic Herring Fishery Specifications and Management Measures ..................................................... 0648–AY14 

279 Remove Certain Reporting Requirements Under the Crab Rationalization Program .................................................. 0648–AY28 

280 Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan ................. 0648–AY29


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DOC 

National Oceanic and Atmospheric Administration—Completed Actions (Continued) 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

281 Framework 21 to the Atlantic Sea Scallop Fishery Management Plan ........................................................................ 0648–AY43 

282 Amendments 95/96/87 for the BSAI and GOA Groundfish FMPs for BSAI Skates and Groundfish Annual Catch 

Limits and Accountability Measures ............................................................................................................................ 0648–AY48 

283 2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan .......................... 0648–AY50 

284 Fishing Year 2010 Atlantic Deep-Sea Red Crab Specifications ................................................................................... 0648–AY51 

285 Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Set 2010 Management 

Measures for Red Snapper ......................................................................................................................................... 0648–AY57 

286 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal Whiting Regulations .......... 0648–AY59 

287 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures ............................... 0648–AY60 

288 2010 Atlantic Bluefin Tuna Quota Specifications .......................................................................................................... 0648–AY77 

289 Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments ....... 0648–AY82 

290 Inseason Adjustment to the FY 2010 Atlantic Deep Sea Red Crab Specifications ..................................................... 0648–AY88 

291 Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North 

American Green Sturgeon ........................................................................................................................................... 0648–AV94 

Patent and Trademark Office—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

292 Revision of USPTO Fees for Fiscal Year 2011 ............................................................................................................ 0651–AC43 

293 Revision of USPTO Fees for Fiscal Year 2012 ............................................................................................................ 0651–AC44 

Patent and Trademark Office—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

294 Interim Increase on Patent Fees for Fiscal Year 2011 ................................................................................................. 0651–AC42 

Department of Commerce (DOC) Long-Term Actions 

International Trade Administration (ITA) 

218. COMMERCIAL AVAILABILITY OF 

FABRIC AND YARN 

Legal Authority: PL 106–200, sec 

112(b)(5)(B); PL 106–200, sec 211; EO 

13191; PL 107–210, sec 3103 

Abstract: This rule implements certain 

provisions of the Trade and 

Development Act of 2000 (the Act). 

Title I of the Act (the African Growth 

and Opportunity Act or AGOA), title 

II of the Act (the United StatesCaribbean Basin Trade Partnership Act 

or CBTPA), and title XXXI of the Trade 

Act of 2002 (the Andean Trade 

Promotion and Drug Eradication Act or 

ATPDEA) provide for quota- and dutyfree treatment for qualifying apparel 

products from designated beneficiary 

countries. AGOA and CBTPA authorize 

quota- and duty-free treatment for 

apparel articles that are both cut (or 

knit-to-shape) and sewn or otherwise 

assembled in one or more designated 

beneficiary countries from yarn or 

fabric that is not formed in the United 

States or a beneficiary country, 

provided it has been determined that 

such yarn or fabric cannot be supplied 

by the domestic industry in commercial 

quantities in a timely manner. The 

President has delegated to the 

Committee for the Implementation of 

Textile Agreements (the Committee), 

which is chaired by the Department of 

Commerce, the authority to determine 

whether yarn or fabric cannot be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner under the AGOA, the ATPDEA, 

and the CBTPA, and has authorized the 

Committee to extend quota- and dutyfree treatment to apparel of such yarn 

or fabric. The rule provides the 

procedure for interested parties to 

submit a request alleging that a yarn 

or fabric cannot be supplied by the 

domestic industry in commercial 

quantities in a timely manner, the 

procedure for public comments, and 

relevant factors that will be considered 

in the Committee’s determination. The 

rule also outlines the factors to be 

considered by the Committee in 

extending quota- and duty-free 

treatment. 

Timetable: 

Action Date FR Cite 

NPRM To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 


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DOC—ITA Long-Term Actions 

Agency Contact: Janet Heinzen 

Phone: 202 482–4006 

Email: janetlheinzen@ita.doc.gov 

RIN: 0625–AA59 

Department of Commerce (DOC) Proposed Rule Stage 

National Oceanic and Atmospheric Administration (NOAA) 

NATIONAL MARINE FISHERIES 

SERVICE 

219. MAXIMIZE RETENTION AND 

MONITORING PROGRAM IN THE 

SHORE–BASED PACIFIC WHITING 

FISHERY 

Legal Authority: 16 USC 1801 et seq 

Abstract: The Pacific Fishery 

Management Council (Pacific Council) 

at their October 21-25, 1996, meeting 

in San Francisco, California addressed 

the treatment and disposition of salmon 

in the groundfish trawl fisheries, 

specifically the shore-based whiting 

fishery. At that meeting, the Pacific 

Council discussed the retention of 

salmon in the shore-based whiting 

fishery and took action to maintain a 

viable shore-based whiting fishery by 

using exempted fishing permits (EFPs). 

These EFPs allowed the shore-based 

whiting fleet to temporarily deliver 

unsorted catch to processing plants and 

provided for the monitoring of 

incidentally taken salmon until a 

permanent monitoring program could 

be implemented. In keeping with the 

Pacific Council’s recommendation, 

NMFS is proceeding with 

implementing a monitoring program for 

the shore-based whiting fishery. This 

action will aid in the sustainable 

management of Pacific Coast salmon 

and groundfish fisheries while 

providing an important economic 

opportunity to those associated with 

the harvest, processing, and selling of 

whiting taken by the shore-based 

whiting fleet. The need for 

implementing a permanent monitoring 

program in the shore-based Pacific 

whiting fishery is to provide for a full 

retention fishery by enabling the shorebased whiting fleet, comprised 

exclusively of catcher vessels, to 

deliver unsorted catch to processing 

plants. This practice is necessary to 

ensure that whiting landings are of 

market quality, while abiding by 

Federal groundfish regulations and 

those implementing the Pacific Coast 

salmon and groundfish fishery 

management plans (FMPs). 

Timetable: 

Action Date FR Cite 

NPRM 02/00/11 

NPRM Comment 

Period End 

03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Barry Thom, Regional 

Administrator, Northwest Region, 

NMFS, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, Building 1, 7600 Sand 

Point Way NE., Seattle, WA 

48115–0070 

Phone: 206 526–6150 

Fax: 206 526–6426 

Email: barry.thom@noaa.gov 

RIN: 0648–AR63 

220. AMERICAN LOBSTER FISHERY; 

FISHING EFFORT CONTROL 

MEASURES TO COMPLEMENT 

INTERSTATE LOBSTER 

MANAGEMENT RECOMMENDATIONS 

BY THE ATLANTIC STATES MARINE 

FISHERIES COMMISSION 

Legal Authority: 16 USC 5101 et seq 

Abstract: The National Marine 

Fisheries Service announces that it is 

considering, and seeking public 

comment on, revisions to Federal 

American lobster regulations for the 

Exclusive Economic Zone (EEZ) 

associated with effort control measures 

as recommended for Federal 

implementation by the Atlantic States 

Marine Fisheries Commission (ASFMC) 

and as outlined in the Interstate Fishery 

Management Plan (ISFMP) for 

American Lobster. This action will 

evaluate effort control measures in 

certain Lobster Conservation 

Management Areas including: Limits on 

future access based on historic 

participation criteria; procedures to 

allow trap transfers among qualifiers 

and impose a trap reduction or 

conservation tax on any trap transfers; 

and a trap reduction schedule to meet 

the goals of the ISFMP. 

Timetable: 

Action Date FR Cite 

ANPRM 05/10/05 70 FR 24495 

ANPRM Comment 

Period End 

06/09/05 

Notice of Public 

Meeting 

05/03/10 75 FR 23245 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AT31 

221. COLLECTION AND USE OF TAX 

IDENTIFICATION NUMBERS FROM 

HOLDERS OF AND APPLICANTS FOR 

NATIONAL MARINE FISHERIES 

SERVICE PERMITS 

Legal Authority: 31 USC 7701; 16 USC 

1801 et seq; 16 USC 1361 et seq; 16 

USC 1531 et seq 

Abstract: Pursuant to the Debt 

Collection Improvement Act of 1996 

(Debt Collection Act), the National 

Marine Fisheries Service (NMFS) will 

issue a rule to require that each existing 

holder of and future applicant for a 

permit, license, endorsement, 

authorization, transfer or like 

instrument issued by the agency 

provide a Taxpayer Identification 

Number (TIN) (business, employer 

identification number or individual’s 

social security number) and Date of 

Incorporation or Date of Birth, as 

appropriate. Under the Debt Collection 

Act, NMFS is required to collect the 

TIN to report on and collect any 

delinquent non-tax debt owed to the 

Federal Government. NMFS plans to 

use Date of Incorporation or Date of 

Birth information for administrative 

aspects of permitting procedures with 

appropriate confidentiality safeguards 

pursuant to the Privacy Act. The rule 


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DOC—NOAA Proposed Rule Stage 

will specify: (a) the particular uses that 

may be made of the reported TIN; (b) 

the effects, if any, of not providing the 

required information; (c) how the 

information will be used to ascertain 

if the permit holder or applicant owes 

delinquent non-tax debt to the 

Government pursuant to the Debt 

Collection Act; (d) the effects on the 

permit holder or applicant when such 

delinquent debts are owed; and (e) the 

agency’s intended communications 

with the permit holder or applicant 

regarding the relationship of such 

delinquent debts to its permitting 

process and the need to resolve such 

debts as a basis for completing permit 

issuance or renewal. The rule will 

amend existing agency permit 

regulations and contain all appropriate 

modified and new collections-ofinformation pursuant to the Paperwork 

Reduction Act. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable 

Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, Room 13362, 1315 

East–West Highway, Silver Spring, MD 

20910 

Phone: 301 713–2334 

Fax: 301 713–0596 

Email: alan.risenhoover@noaa.gov 

RIN: 0648–AV76 

222. MARINE MAMMAL PROTECTION 

ACT STRANDING REGULATION 

REVISIONS 

Legal Authority: 16 USC 1379; 16 USC 

1382; 16 USC 1421 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

changes to its implementing regulations 

(50 CFR 216) governing the taking of 

stranded marine mammals under 

section 109(h), section 112(c), and Title 

IV of the Marine Mammal Protection 

Act and is soliciting public comment 

to better inform the process. NMFS 

intends to clarify the requirements and 

procedures for responding to stranded 

marine mammals and for determining 

the disposition of rehabilitated marine 

mammals, which includes the 

procedures for the placement of nonreleasable animals and for authorizing 

the retention of releasable rehabilitated 

marine mammals for scientific research, 

enhancement, or public display. This 

action will be analyzed under the 

National Environmental Policy Act 

with an Environmental Assessment. 

Timetable: 

Action Date FR Cite 

ANPRM 01/31/08 73 FR 5786 

ANPRM Comment 

Period End 

03/31/08 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: David Cottingham, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2322 

Fax: 301 713–2521 

Email: david.cottingham@noaa.gov 

RIN: 0648–AW22 

223. AMENDMENT 4 TO THE 

ATLANTIC HERRING FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: The goal of Amendment 4 is 

to improve catch monitoring and 

ensure compliance with the 

Reauthorized Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSRA). The management 

measures developed in this amendment 

may address one or more of the 

following objectives: (1) To implement 

measures to improve the long-term 

monitoring of catch (landings and 

bycatch) in the herring fishery; (2) to 

implement annual catch limits and 

accountability measures consistent with 

the MSRA; (3) to implement other 

management measures as necessary to 

ensure compliance with the new 

provisions of the MSRA; (4) to develop 

a sector allocation process or other 

limited access privilege program for the 

herring fishery; and (5) in the context 

of objectives 1-4 (above), to consider 

the health of the herring resource and 

the important role of herring as a forage 

fish and a predator fish throughout its 

range. 

The New England Fishery Management 

Council will develop conservation and 

management measures to address the 

issues identified above and meet the 

goals/objectives of the amendment. Any 

conservation and management 

measures developed in this amendment 

also must comply with all applicable 

laws. 

Timetable: 

Action Date FR Cite 

Notice of Intent 05/08/08 73 FR 26082 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AW75 

224. ALLOWABLE MODIFICATIONS 

TO THE TURTLE EXCLUDER DEVICE 

REQUIREMENTS 

Legal Authority: 16 USC 1531 et seq 

Abstract: NMFS proposes to revise the 

Turtle Excluder Device (TED) 

requirements to allow new materials 

and modifications to existing approved 

TED designs. Specifically, proposed 

allowable modifications include the use 

of flat bar, box pipe, and oval pipe for 

use in currently-approved TED grids; 

an increase in mesh size on escape 

flaps from 1-5/8 inches to 2 inches; the 

use of the Boone single straight cut and 

triangular escape openings; 

specifications on the use of TED grid 

brace bars; and the use of the Chauvin 

Shrimp Kicker to improve shrimp 

retention. 

Timetable: 

Action Date FR Cite 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Michael Barnette, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 Thirteenth Avenue 

South, St. Petersburg, FL 33701 

Phone: 727 551–5794 

Email: michael.barnette@noaa.gov 

RIN: 0648–AW93 


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225. REGULATORY AMENDMENT TO 

CORRECT AND CLARIFY 

AMENDMENT 13 AND SUBSEQUENT 

FRAMEWORKS OF THE NORTHEAST 

MULTISPECIES FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: This action would make 

corrections and clarifications to the 

final rule implementing Amendment 13 

to the Northeast Multispecies Fishery 

Management Plan, as well as 

subsequent groundfish actions. These 

corrections are administrative in nature 

and are intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 13 and subsequent actions. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AW95 

226. AMENDMENT 11 TO THE 

ATLANTIC MACKEREL, SQUID, 

BUTTERFISH FISHERY MANAGEMENT 

PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: Amendment 11 to the 

Atlantic Mackerel, Squid, Butterfish 

Fishery Management Plan may 

consider: (1) limited access in the 

Atlantic mackerel (mackerel) fishery; 

(2) implementation of annual catch 

limits (ACLs) and accountability 

measures (AMs) for mackerel and 

butterfish required under the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA); 

(3) updating of the description and 

identification of essential fish habitat 

(EFH) for all life stages of mackerel, 

Loligo squid, Illex squid, and butterfish 

(including gear impacts on Loligo squid 

egg EFH); and (4) possible limitations 

on at-sea processing of mackerel. 

Timetable: 

Action Date FR Cite 

Notice of Intent 08/11/08 73 FR 46590 

NPRM 02/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AX05 

227. AMENDMENT 30 TO THE 

FISHERY MANAGEMENT PLAN FOR 

BERING SEA AND ALEUTIAN 

ISLANDS KING AND TANNER CRABS 

ARBITRATION REGULATIONS 

Legal Authority: 16 USC 1862; PL 

109–241; PL 109–479 

Abstract: This action would implement 

Amendment 30 to the Fishery 

Management Plan for Bering Sea and 

Aleutian Islands King and Tanner Crabs 

to make minor modifications to the 

arbitration system used to settle price 

and other disputes among harvesters 

and processors in the Bering 

Sea/Aleutian Islands crab 

rationalization program. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AX47 

228. AMENDMENT 3 TO THE FISHERY 

MANAGEMENT PLAN FOR QUEEN 

CONCH RESOURCES OF PUERTO 

RICO AND THE U.S. VIRGIN ISLANDS 

ESTABLISHING COMPATIBLE 

REGULATIONS WITH U.S. VIRGIN 

ISLANDS TERRITORIAL WATERS 

Legal Authority: 16 USC 1801 et seq 

Abstract: At the June 2009 Council 

meeting, the Caribbean Fishery 

Management Council decided to amend 

the Fishery Management Plan for 

Queen Conch Resources of Puerto Rico 

and the U.S. Virgin Islands (U.S.V.I.) 

to establish compatible regulations with 

U.S.V.I. territorial regulations. 

Currently, fishing for and possession of 

Queen Conch is prohibited in the 

Exclusive Economic Zone, with the 

exception of an area known as Lang 

Bank east of St. Croix, which is open 

to harvest of Queen Conch from 

October 1 through June 30. In U.S.V.I. 

territorial waters, Queen Conch is 

managed under a 50,000 pound quota. 

This action would implement 

compatible regulations which will close 

the harvest of Queen Conch in federal 

waters, including Lang Bank, once the 

quota has been reached in the U.S.V.I. 

and the fishery is closed in territorial 

waters. 

Timetable: 

Action Date FR Cite 

NPRM 03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY03 

229. FISHERIES OFF WEST COAST 

STATES AND IN THE WESTERN 

PACIFIC; KLAMATH RIVER FALL 

CHINOOK SALMON REBUILDING 

PLAN 

Legal Authority: 16 USC 1854 

Abstract: This action would adopt a 

rebuilding plan for the Klamath River 

Fall Chinook salmon (KRFC) stock, 

which failed to meet conservation 

objectives specified in the Fishery 

Management Plan for the three year 

period 2004-2006. 

Timetable: 

Action Date FR Cite 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable 


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Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, Room 13362, 1315 

East–West Highway, Silver Spring, MD 

20910 

Phone: 301 713–2334 

Fax: 301 713–0596 

Email: alan.risenhoover@noaa.gov 

RIN: 0648–AY06 

230. AMENDMENT 3 TO THE SPINY 

DOGFISH FISHERY MANAGEMENT 

PLAN 

Legal Authority: 16 USC 1801 

Abstract: The New England and MidAtlantic Fishery Management Councils 

(Councils) announce their intention to 

prepare, in cooperation with NMFS, an 

Environmental Impact Statement (EIS) 

in accordance with the National 

Environmental Policy Act to assess 

potential effects on the human 

environment of alternative measures to 

address several issues regarding the 

Spiny Dogfish Fishery Management 

Plan (FMP). Issues that may be 

addressed include: initiating a Research 

Set-Aside provision; specifying the 

spiny dogfish quota and/or possession 

limits by sex; adding a recreational 

fishery to the FMP; identifying 

commercial quota allocation 

alternatives; and establishing a limited 

access fishery. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Begin Scoping 

08/05/09 74 FR 39063 

Notice of Intent 

Comment Period 

End 

09/04/09 

Notice of Intent to 

Prepare an EIS 

05/13/10 75 FR 26920 

NOI Comment Period 

End 

06/01/10 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY12 

231. MAXIMIZED RETENTION 

MONITORING PROGRAM FOR 

CATCHER VESSELS IN THE PACIFIC 

WHITING MOTHERSHIP FISHERY IN 

THE PACIFIC COAST GROUNDFISH 

FISHERY 

Legal Authority: 16 USC 1801 

Abstract: The action would implement 

a monitoring program for catcher 

vessels in the mothership sector of the 

Pacific whiting fishery off the coast of 

Washington, Oregon, and California. 

The monitoring program would consist 

of a camera and other sensors to 

monitor fishing activity in order to 

maintain the integrity of the maximized 

retention requirements found at 50 CFR 

660.306 (f)(7). Maximized retention 

encourages full retention of all catch 

while allowing minor discard events to 

occur. This ensures that unsorted catch 

is available for observers to monitor on 

board the mothership processors and 

thereby maintains the integrity of data 

collected under the observer program. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 

Sand Point Way NE., Seattle, WA 

98115 

Phone: 206 526–6142 

Fax: 206 526–6736 

Email: frank.lockhart@noaa.gov 

RIN: 0648–AY17 

232. GENERIC AMENDMENT FOR 

ANNUAL CATCH LIMITS 

Legal Authority: 16 USC 1801 

Abstract: The generic amendment is 

intended to modify five of the Gulf of 

Mexico Fishery Management Council’s 

Fishery Management Plans (FMPs). 

These include FMPs for: Reef Fish 

Resources, Shrimp, Stone Crab, Coral 

and Coral Reef Resources, and Red 

Drum. NMFS and the Council will 

develop these Annual Catch Limits 

(ACLs) in co-operation with the 

Scientific and Statistical Committee 

and the Southeast Fisheries Science 

Center. NMFS, in collaboration with 

the Council, will develop a Draft 

Environmental Impact Statement to 

evaluate alternatives and actions for the 

ACLs. Some examples of these actions 

include: establishing sector specific 

ACLs, selecting levels of risk associated 

with species yields, considering 

removal or withdrawal of species from 

FMPs, and delegating species or species 

assemblages to state regulators. 

Timetable: 

Action Date FR Cite 

Notice of Intent 08/04/09 74 FR 47206 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY22 

233. AMENDMENT 14 TO THE 

ATLANTIC MACKEREL, SQUID, AND 

BUTTERFISH FISHERY MANAGEMENT 

PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: The purpose of Amendment 

14 is to consider catch shares in the 

Loligo and Illex fisheries and 

monitoring/mitigation for river herring 

bycatch in mackerel, squid and 

butterfish (MSB) fisheries. 

Timetable: 

Action Date FR Cite 

NPRM 03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY26 

234. FISHERIES IN THE WESTERN 

PACIFIC; PELAGIC FISHERIES; 

PURSE SEINE FISHING WITH FISH 

AGGREGATION DEVICES 

Legal Authority: 16 USC 1801 et seq 

Abstract: The Western Pacific Council 

is amending the Pelagics Fishery 


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Ecosystem Plan (FEP) to (1) define fish 

aggregating devices (FADs) as 

purposefully-deployed or instrumented 

floating objects, (2) require FADs to be 

registered, and (3) prohibit purse seine 

fishing using FADs in the US EEZ of 

the western Pacific. The objective of 

this action is to appropriately balance 

the needs and concerns of the western 

Pacific pelagic fishing fleets and 

associated fishing communities with 

the conservation of tuna stocks in the 

western Pacific. 

Timetable: 

Action Date FR Cite 

NPRM 03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alvin Katekaru, 

Assistant Regional Administrator, 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1601 

Kapiolani Boulevard, Honolulu, HI 

96814 

Phone: 808 944–2207 

Fax: 808 973–2941 

Email: alvin.katekaru@noaa.gov 

RIN: 0648–AY36 

235. AMENDMENT 5 TO THE 

ATLANTIC HERRING FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 

Abstract: Amendment 5 to the Atlantic 

Herring Fishery Management Plan will 

consider: catch monitoring program; 

interactions with river herring; access 

by herring midwater trawl vessels in 

groundfish closed areas; and 

interactions with the mackerel fishery. 

Timetable: 

Action Date FR Cite 

NPRM 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY47 

236. AMENDMENT 2 TO THE FMP FOR 

THE QUEEN CONCH FISHERY OF 

PUERTO RICO AND THE U.S. VIRGIN 

ISLANDS AND AMENDMENT 5 TO THE 

REEF FISH FMP OF PUERTO RICO 

AND THE U.S. VIRGIN ISLANDS 

Legal Authority: 16 USC 1801 et seq 

Abstract: The Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSRA: Public Law 94-265), as 

amended through January 12, 2007, 

requires the establishment of annual 

catch limits (ACLs) and accountability 

measures (AMs) during 2010 for all 

species that are considered to be 

overfished or undergoing overfishing. 

The present amendment is being 

promulgated to meet those MSRA 

mandates as well as to establish 

framework procedures with which to 

effect future changes to the 

management plan and to restructure the 

fisheries management units for grouper 

and snapper. Various alternatives are 

included in the draft amendment, 

including maintenance of the status 

quo for each action as well as various 

alternatives regarding the yearsequences used to establish ACLs and 

the strategies to be employed to 

account for overages and to respond to 

needed changes in management 

methods. 

Timetable: 

Action Date FR Cite 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY55 

237. ∑ AMENDMENT 10 TO THE 

FISHERY MANAGEMENT PLAN FOR 

SPINY LOBSTER IN THE GULF OF 

MEXICO AND SOUTH ATLANTIC 

Legal Authority: 16 USC 1801 

Abstract: In 2006 the MagnusonStevens Fishery Conservation and 

Management Act (MSFCMA) was reauthorized and included a number of 

changes to improve conservation of 

managed fishery resources. Included in 

these changes are requirements that the 

Regional Councils must establish both 

a mechanism for specifying annual 

catch limits (ACLs) at a level such that 

overfishing does not occur in the 

fishery and accountability measures 

(AMs) to correct if overages occur. 

Accountability measures are 

management controls to prevent the 

ACLs from being exceeded and to 

correct by either in-season or postseason measures if they do occur. The 

Spiny Lobster fishery is jointly 

managed by the Gulf and South 

Atlantic Councils. Amendment 10 to 

the FMP will set ACLs and AMs, 

review current regulations, and 

implement reasonable and prudent 

measures from the Biological Opinion. 

Timetable: 

Action Date FR Cite 

Notice of Intent 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY72 

238. ∑ COMPREHENSIVE ANNUAL 

CATCH LIMITS AMENDMENT TO THE 

FISHERY MANAGEMENT PLAN FOR 

THE SNAPPER GROUPER FISHERY 

OF THE SOUTH ATLANTIC REGION 

Legal Authority: 16 USC 1801 et seq 

Abstract: The purpose of this 

amendment is to establish Annual 

Catch Limits (ACLs) and Accountability 

Measures (AMs) for species not 

undergoing overfishing, including 

management measures to reduce the 

probability that catches will exceed the 

stocks’ ACLs pursuant to reauthorized 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requirements. 

Proposed actions include removal of 

species from the South Atlantic 

Snapper Grouper fishery management 

unit (FMU), designating some Snapper 

Grouper species as ecosystem 

component species, considering multispecies groupings for specifying ACLs, 

ACTs, and AMs, specifying allocations 

among the commercial, recreational, 

and for-hire sectors for species not 

undergoing overfishing, and modifying 


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management measures to limit total 

mortality to the ACL. 

Timetable: 

Action Date FR Cite 

NPRM 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY73 

239. ∑ AMENDMENT 20 TO THE 

SNAPPER GROUPER FISHERY 

MANAGEMENT PLAN OF THE SOUTH 

ATLANTIC REGION 

Legal Authority: 16 USC 1801 et seq 

Abstract: Amendment 20 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region consists of regulatory actions 

that focus on modifications to the 

wreckfish individual transferable quota 

(ITQ) program, bringing the program 

into compliance with the Reauthorized 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and make 

other administrative, monitoring, and 

enforcement changes. 

Timetable: 

Action Date FR Cite 

NPRM 11/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY74 

240. ∑ REGULATORY AMENDMENT 

TO RECOVER THE ADMINISTRATIVE 

COSTS OF PROCESSING PERMIT 

APPLICATIONS 

Legal Authority: 16 USC 1801 et seq; 

16 USC 1853; 16 USC 1854; 16 USC 

3631 et seq; 16 USC 773 et seq; PL 

108–447 

Abstract: This action amends the 

fishery management plans of the North 

Pacific Fishery Management Council 

and revises federal regulations at 50 

CFR 679 to recover the administrative 

costs of processing applications for 

permits required under those plans. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AY81 

241. ∑ REGULATORY AMENDMENT 

TO CORRECT AND CLARIFY 

AMENDMENT 16 AND SUBSEQUENT 

FRAMEWORKS OF THE NORTHEAST 

MULTISPECIES FISHERIES 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: This action makes corrections 

and clarifications to the final rule 

implementing Amendment 16 to the 

Northeast Multispecies Fishery 

Management Plan, as well as 

subsequent groundfish actions. These 

corrections are administrative in nature 

and are intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 16 and subsequent actions. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY95 

242. ∑ FISHERIES OFF WEST COAST 

STATES; PACIFIC COAST 

GROUNDFISH FISHERY; 2011–2012 

BIENNIAL SPECIFICATIONS AND 

MANAGEMENT MEASURES 

Legal Authority: 16 USC 1801 et seq 

Abstract: This rule sets the 2011-2012 

harvest specifications and management 

measures for groundfish taken in the 

U.S. exclusive economic zone off the 

coasts of Washington, Oregon, and 

California. This rule also implements 

Pacific Coast Groundfish Fishery 

Management Plan Amendments 16-5 

and 23. 

Timetable: 

Action Date FR Cite 

Notice of Availability 10/01/10 75 FR 60709 

Notice of Availability 

Comment Period 

End 

11/30/10 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 

Sand Point Way NE., Seattle, WA 

98115 

Phone: 206 526–6142 

Fax: 206 526–6736 

Email: frank.lockhart@noaa.gov 

RIN: 0648–BA01 

243. ∑ 2011 SPECIFICATIONS FOR 

THE ATLANTIC MACKEREL, SQUID, 

AND BUTTERFISH FISHERY 

Legal Authority: 16 USC 1801 et seq 

Abstract: NMFS proposes 

specifications for the 2011 fishing year 

for Atlantic mackerel, squid, and 

butterfish (MSB). Regulations governing 

these fisheries require NMFS to publish 

proposed specifications for the 

upcoming fishing year and to provide 

an opportunity for public comment. 

The intent of this action is to fulfill 

this requirement and to promote the 

development and conservation of the 

MSB resources. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 


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Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–BA03 

244. ∑ FISHING CAPACITY 

REDUCTION PROGRAM FOR THE 

SOUTHEAST ALASKA PURSE SEINE 

SALMON FISHERY 

Legal Authority: 16 USC 1801 et seq; 

46 USC 53701 et seq; PL 108–447; PL 

109–447; PL 110–161 

Abstract: This rule would implement 

a Capacity Reduction Program for the 

Southeast Alaska Purse Seine Salmon 

Fishery which is a state controlled 

fishery. This program is voluntary and 

holders of valid limited entry permits 

issued by the Alaska Commercial 

Fisheries Entry Commission to operate 

in the Southeast Alaska Purse Seine 

Salmon Fishery are eligible to 

participate. Permit holders in the 

program will receive up to $23.5 

million, in the aggregate, in exchange 

for relinquishing permits. NMFS would 

issue a 30-year loan to finance the 

buyback and the loan would be repaid 

by those harvesters remaining in the 

fishery. The intent of this rule is to 

permanently reduce the most 

harvesting capacity in the fishery at the 

least cost, which should result in 

increased harvesting productivity for 

post-reduction permit holders 

participating in the fishery and should 

improve flexibility in the conservation 

and management of the fishery. The 

rule would also establish a fee 

collection system to ensure repayment 

of the loan. 

Timetable: 

Action Date FR Cite 

NPRM 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2234 

Email: emily.menashes@noaa.gov 

RIN: 0648–BA13 

245. POTENTIAL REVISIONS TO THE 

TURTLE EXCLUDER DEVICE 

REQUIREMENTS 

Legal Authority: 16 USC 1533 

Abstract: With this action, the National 

Marine Fisheries Service (NMFS) 

announces that it is considering 

technical changes to the requirements 

for turtle excluder devices (TEDs), and 

to solicit public comment. Specifically, 

NMFS would modify the size of the 

TED escape opening currently required 

in the summer flounder fishery; require 

the use of TEDs in the whelk, calico 

scallop, and Mid-Atlantic scallop trawl 

fisheries; require the use of TEDs in 

flynets; and move the current northern 

boundary of the Summer Flounder 

Fishery-Sea Turtle Protection Area off 

Cape Charles, Virginia, to a point 

farther north. 

Timetable: 

Action Date FR Cite 

ANPRM 02/15/07 72 FR 7382 

ANPRM Comment 

Period End 

03/19/07 

ANPRM Comment 

Period Extended 

03/19/07 72 FR 12749 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AV04 

246. MARINE MAMMAL PROTECTION 

ACT PERMIT REGULATION 

REVISIONS 

Legal Authority: 16 USC 1374 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

changes to its implementing regulations 

(50 CFR 216) governing the issuance of 

permits for scientific research and 

enhancement activities under Section 

104 of the Marine Mammal Protection 

Act and is soliciting public comment 

to better inform the process. NMFS 

intends to streamline and clarify 

general permitting requirements and 

requirements for scientific research and 

enhancement permits, simplify 

procedures for transferring marine 

mammal parts, possibly apply the 

General Authorization (GA) to research 

activities involving Level A harassment 

of non-endangered marine mammals, 

and implement a ‘‘permit application 

cycle’’ for application submission and 

processing of all marine mammal 

permits. NMFS intends to write 

regulations for marine mammal 

photography permits and is considering 

whether this activity should be covered 

by the GA. 

Timetable: 

Action Date FR Cite 

ANPRM 09/13/07 72 FR 52339 

ANPRM Comment 

Period Extended 

10/15/07 72 FR 58279 

ANPRM Comment 

Period End 

11/13/07 72 FR 52339 

ANPRM Comment 

Period End 

12/13/07 72 FR 58279 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7235 

Fax: 301 713–2521 

Email: michael.payne@noaa.gov 

RIN: 0648–AV82 

247. TAKE AND IMPORT MARINE 

MAMMALS: TAKE OF MARINE 

MAMMALS INCIDENTAL TO ROUTINE 

OPERATIONS OF 13 POWER 

GENERATING STATIONS IN CENTRAL 

AND SOUTHERN CALIFORNIA 

Legal Authority: 16 USC 1361 et seq 

Abstract: The National Marine 

Fisheries Service (NMFS) proposes to 

govern the take of marine mammals by 

Level A harassment (injury) and 

mortality from 13 power generating 

stations located on the coast of central 

and southern California incidental to 

routine power plant operations for a 

period of five years, under the authority 

of section 101(a)(5)(A) of the Marine 

Mammal Protection Act. Under that 

authority NMFS also must prescribe 

mitigation, monitoring, and reporting 

requirements in connection with take 

authorizations. 

Incidental takings of marine mammals, 

including California sea lions, harbor 

seals, and northern elephant seals can 

and do occur as a result of the 

operation of circulating water systems 

(CWS) by the electrical power 


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generation plants located on the coast 

of central and southern California 

described in the incidental take 

authorization applications. These CWS 

are an integral part of these power 

stations that provide continuous 

cooling water necessary for power 

generation and safety of the facility. 

The typical location of entrainment 

occurs as water is taken into the plant 

via submerged structures or canals. 

Intake velocities may be strong enough 

to pull live animals into the plant, 

particularly if they are actively seeking 

prey in the vicinity of intake structures. 

Confinement within intake plumbing 

could lead to confusion and panic, 

especially for young, immature animals. 

If the animal is unable to escape, it 

could (1) drown or become fatally 

injured in transit between intake and 

large sedimentation basins within the 

plants known as forebays; (2) survive 

the transit and succumb in the forebay 

due to exhaustion, illness, or disease; 

or (3) survive the transit and be rescued 

by plant personnel using cages 

specially designed for such an activity. 

It is also likely that previously dead 

animals may end up entrained as well. 

Timetable: 

Action Date FR Cite 

NPRM 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7235 

Fax: 301 713–2521 

Email: michael.payne@noaa.gov 

RIN: 0648–AW59 

248. REDUCE SEA TURTLE BYCATCH 

IN ATLANTIC TRAWL FISHERIES 

Legal Authority: 16 USC 1531 et seq 

Abstract: NMFS is initiating a 

rulemaking action to reduce injury and 

mortality to endangered and threatened 

sea turtles resulting from incidental 

take, or bycatch, in trawl fisheries in 

the Atlantic waters. NMFS will likely 

address the size of the turtle excluder 

device (TED) escape opening currently 

required in the summer flounder trawl 

fishery, the definition of a summer 

flounder trawler, and the use of TEDs 

in this fishery; the use of TEDs in the 

croaker and weakfish flynet, whelk, 

Atlantic sea scallop, and calico scallop 

trawl fisheries of the Atlantic Ocean; 

and new seasonal and temporal 

boundaries for TED requirements. In 

addition, this rule will address the 

definition of the Gulf Area applicable 

to the shrimp trawl fishery in the 

southeast Atlantic and Gulf of Mexico. 

The purpose of the rule is to aid in 

the protection and recovery of listed 

sea turtle populations by reducing 

mortality in trawl fisheries through the 

use of TEDs. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alexis Gutierrez, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2322 

Email: alexis.gutierrez@noaa.gov 

RIN: 0648–AY61 

Department of Commerce (DOC) Final Rule Stage 

National Oceanic and Atmospheric Administration (NOAA) 

NATIONAL MARINE FISHERIES 

SERVICE 

249. AMENDING REGULATIONS FOR 

THE PACIFIC HALIBUT, SABLEFISH, 

AND POLLOCK FISHERIES 

CONDUCTED UNDER THE WESTERN 

ALASKA COMMUNITY DEVELOPMENT 

QUOTA PROGRAM 

Legal Authority: 16 USC 1801 et seq; 

16 USC 773 et seq; 3631 et seq; PL 

108–447 

Abstract: NMFS proposes to amend 

regulations that govern fisheries 

managed under the Western Alaska 

Community Development Quota (CDQ) 

Program. These revisions are needed to 

comply with certain changes made to 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) in 2006. 

Proposed changes include revising 

regulations associated with 

recordkeeping, vessel licensing, catch 

retention requirements, and fisheries 

observer requirements to ensure that 

they are no more restrictive than the 

regulations in effect for comparable 

non-CDQ fisheries managed under 

individual fishing quotas or cooperative 

allocations. In addition, NMFS 

proposes to remove CDQ Program 

regulations that now are inconsistent 

with the Magnuson-Stevens Act, 

including regulations associated with 

the CDQ allocation process, transfer of 

groundfish CDQ and halibut prohibited 

species quota, and the oversight of CDQ 

groups expenditures. 

Timetable: 

Action Date FR Cite 

NPRM 07/13/10 75 FR 39892 

NPRM Comment 

Period End 

08/12/10 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AV33 

250. CERTIFICATION OF NATIONS 

WHOSE FISHING VESSELS ARE 

ENGAGED IN ILLEGAL, 

UNREPORTED, AND UNREGULATED 

FISHING OR BYCATCH OF 

PROTECTED LIVING MARINE 

RESOURCES 

Regulatory Plan: This entry is Seq. No. 

28 in part II of this issue of the Federal 

Register. 

RIN: 0648–AV51 


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251. MAGNUSON–STEVENS FISHERY 

CONSERVATION AND MANAGEMENT 

REAUTHORIZATION ACT 

ENVIRONMENTAL REVIEW 

PROCEDURE 

Legal Authority: 16 USC 1801 et seq. 

Abstract: Section 107 of the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act 

(MSRA) (P.L. 109-479) requires NOAA 

Fisheries to revise and update agency 

procedures for complying with the 

National Environmental Policy Act 

(NEPA) in context of fishery 

management actions. It further requires 

that NOAA Fisheries consult with the 

Council on Environmental Quality 

(CEQ) and the Regional Fishery 

Management Councils (Councils), and 

involve the public in the development 

of the revised procedures. The MSRA 

provides that the resulting procedures 

will be the sole environmental impact 

assessment procedure for fishery 

management actions, and that they 

must conform to the time lines for 

review and approval of fishery 

management plans and plan 

amendments. They must also integrate 

applicable environmental analytical 

procedures, including the time frames 

for public input, with the procedure for 

the preparation and dissemination of 

fishery management plans, plan 

amendments and other actions taken or 

approved pursuant to this Act in order 

to provide for timely, clear and concise 

analysis that is useful to decision 

makers and the public, reduce 

extraneous paperwork, and effectively 

involve the public. 

This rule would revise and update the 

NMFS procedures for complying with 

NEPA in the context of fishery 

management actions developed 

pursuant to MSRA. 

Timetable: 

Action Date FR Cite 

NPRM 05/14/08 73 FR 27998 

NPRM Comment 

Period End 

06/13/08 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Steve Leathery, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2239 

Email: steve.leathery@noaa.gov 

RIN: 0648–AV53 

252. REVISE REGULATIONS 

GOVERNING THE NORTH PACIFIC 

GROUNDFISH OBSERVER PROGRAM 

Legal Authority: 118 Stat 110; 16 USC 

773 et seq; 16 USC 1801 et seq; 16 USC 

3631 et seq; PL 108–199 

Abstract: This rulemaking revises 

Federal regulations relevant to 

numerous administrative and 

procedural requirements applicable to 

observer providers, observers, and 

industry participating in the North 

Pacific Groundfish Observer Program. 

Specifically, this action would: modify 

the current permit issuance process so 

that observer and observer provider 

permit issuance is a discretionary 

National Marine Fisheries Service 

(NMFS) decision; amend current 

Federal regulations addressing observer 

behavior involving drugs, alcohol, and 

physical sexual conduct to remove 

NMFS oversight of observer behavior 

that does not affect job performance; 

require that observer providers submit 

policies related to these activities and 

continue to notify NMFS upon learning 

of an incident; revise Federal 

regulations so that observer providers 

are allowed to provide observers or 

technical staff for purposes of exempted 

fishing permits, scientific research 

permits, or other scientific research 

activities; revise the definition of 

fishing day in Federal regulations; 

require observer providers to annually 

submit detailed economic information 

to NMFS; specify a date by which 

observers who have collected data in 

the previous fishing year would be 

required to be available for debriefing; 

and implement housekeeping issues 

related to errors or clarifications in 

existing regulations at 50 CFR 679.50. 

Timetable: 

Action Date FR Cite 

NPRM 09/30/09 74 FR 50155 

NPRM Comment 

Period End 

10/31/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AW24 

253. REVOKE INACTIVE QUOTA 

SHARE AND ANNUAL INDIVIDUAL 

FISHING QUOTA FROM A HOLDER OF 

QUOTA SHARE UNDER THE PACIFIC 

HALIBUT AND SABLEFISH FIXED 

GEAR INDIVIDUAL FISHING QUOTA 

PROGRAM 

Legal Authority: 16 USC 1801 et seq; 

16 USC 773 

Abstract: This action would amend 

existing commercial fishing regulations 

for the fixed-gear Pacific Halibut and 

sablefish individual fishing quota 

program at 50 CFR 679. The 

amendment would revoke inactive 

quota share unless the quota share 

permit holder affirmatively notices 

NMFS in writing within 60 days of the 

agency’s preliminary determination of 

inactivity that they choose to (a) retain 

the inactive IFQ quota share, (b) 

activate the quota share through 

transfer or by fishing, or (c) appeal the 

preliminary determination. Quota share 

that is not activated through this 

process and is revoked would be 

proportionally distributed to the quota 

share pool. This regulatory revision is 

based on the recommendations of the 

North Pacific Fishery Management 

Council in June 2006 and again in 

February 2009. Amending the 

regulations would improve the 

efficiency of the Pacific Halibut and 

Sablefish IFQ program and augment 

operational flexibility of participating 

fisherman. 

Timetable: 

Action Date FR Cite 

NPRM 08/23/10 75 FR 51741 

NPRM Comment 

Period End 

09/22/10 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AX91 

254. REGULATORY AMENDMENT TO 

THE FISHERY MANAGEMENT PLAN 

FOR THE REEF FISH FISHERY OF 

PUERTO RICO MODIFYING THE BAJO 

DE SICO SEASONAL CLOSURE 

Legal Authority: 16 USC 1801 


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Abstract: The rule would modify the 

seasonal closure of Bajo de Sico, an 

area off the west coast of Puerto Rico 

that has been identified as critically 

important habitat for commercially 

exploited snappers and groupers. 

Current regulations prohibit all fishing 

activities, including Highly Migratory 

Species (HMS) from December 1 

through the end of February each year 

as well as a year-round prohibition of 

bottom tending gear (i.e., traps, pots, 

gillnets, trammel nets, and bottom 

longlines). The rule would prohibit 

fishing for and possession of council 

managed species, including reef fish 

and spiny lobster, from October 1 

through March 31. Queen Conch and 

coral reef resources are already 

prohibited year-round and will not be 

affected by this rule. Restrictions on 

bottom-tending gear will also not be 

affected by this rule. A year-round 

prohibition of anchoring within Bajo de 

Sico will also be implemented through 

this rule to provide further protection 

of established essential fish habitat. 

Timetable: 

Action Date FR Cite 

NPRM 07/28/10 75 FR 44209 

NPRM Comment 

Period End 

08/27/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY05 

255. AMENDMENT 17A TO THE 

FISHERY MANAGEMENT PLAN FOR 

THE SNAPPER GROUPER FISHERY 

OF THE SOUTH ATLANTIC REGION 

Legal Authority: 16 USC 1801 

Abstract: The most recent red snapper 

stock assessment, completed February 

2008, determined the species was 

undergoing overfishing and was 

overfished. Biomass shows a sharp 

decline during the 1950’s and 1960’s, 

continued decline during the 1970’s, 

and stable but low levels since 1980. 

The South Atlantic Fishery 

Management Council (Council) is 

required by the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) to 

implement rebuilding plans for 

overfished species. Therefore, 

Amendment 17A is being developed to 

establish a rebuilding plan and updated 

management reference points for red 

snapper in the South Atlantic. 

Additionally, revisions to the 

Magnuson-Stevens Act in 2006 require 

that by 2010, Fishery Management 

Plans (FMPs) for fisheries determined 

by the Secretary to be subject to 

overfishing establish a mechanism for 

specifying Annual Catch Limits (ACLs) 

at a level that prevents overfishing and 

does not exceed the recommendations 

of the respective Councils Scientific 

and Statistical Committee or other 

established peer review processes. 

These FMPs are also required to 

establish within this timeframe 

measures to ensure accountability. To 

comply with this Magnuson-Stevens 

Act requirement, Amendment 17A 

would establish an ACL and 

accountability measures for red 

snapper, and implement management 

measures to ensure harvest does not 

exceed the ACL. 

Timetable: 

Action Date FR Cite 

Notice of Availability 07/29/10 75 FR 44753 

NPRM 08/13/10 75 FR 49447 

Notice of Availability 

Comment Period 

End 

09/27/10 

NPRM Comment 

Period End 

09/27/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY10 

256. AMENDMENT 17B TO THE 

FISHERY MANAGEMENT PLAN FOR 

THE SNAPPER GROUPER FISHERY 

OF THE SOUTH ATLANTIC REGION 

Legal Authority: 16 USC 1801 

Abstract: Revisions to the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) in 2006 require that by 2010, 

Fishery Management Plans (FMPs) for 

fisheries determined by the Secretary to 

be subject to overfishing establish a 

mechanism for specifying Annual Catch 

Limits (ACLs) at a level that prevents 

overfishing and does not exceed the 

recommendations of the respective 

Council’s Scientific and Statistical 

Committee or other established peer 

review processes. These FMPs are also 

required to establish within this 

timeframe measures to ensure 

accountability. To comply with this 

Magnuson-Stevens Act requirement 

Amendment 17B would: (1) Establish 

ACLs and accountability measures for 

snowy grouper, speckled hind, Warsaw 

grouper, black grouper, red grouper, 

golden tilefish, black sea bass, gag, and 

vermilion snapper; (2) implement 

management measures to ensure 

harvest of these snapper-grouper 

species does not exceed the ACLs; (3) 

specify allocations for golden tilefish; 

and (4) modify the current snappergrouper framework procedure to 

include ACLs, AMs, and annual catch 

targets. 

Timetable: 

Action Date FR Cite 

Notice of Availability 09/22/10 75 FR 57734 

NPRM 10/12/10 75 FR 62488 

Notice of Availability 

Comment Period 

End 

11/22/10 

NPRM Comment 

Period End 

11/26/10 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY11 

257. AMENDMENT 94 FOR BERING 

SEA MODIFIED NONPELAGIC TRAWL 

GEAR REQUIREMENTS, ST. 

MATTHEW ISLAND HABITAT 

CONSERVATION AREA REVISION, 

AND MODIFIED GEAR TRAWL ZONE 

Legal Authority: 16 USC 1801 et seq; 

16 USC 3631 et seq; 16 USC 773 et 

seq; PL 108–447 

Abstract: This regulation implements 

Amendment 94 to the Fishery 


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DOC—NOAA Final Rule Stage 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The 

regulation would require gear 

modification for nonpelagic trawl 

vessels targeting flatfish in the Bering 

Sea subarea. The modified gear would 

have elevating devices on trawl sweeps 

to raise the sweeps off the seafloor and 

reduce the potential impact on bottom 

habitat. This action also would change 

the Southern boundary of the Northern 

Bering Sea Research Area to create the 

Modified Gear Trawl Zone where 

anyone fishing with nonpelagic trawl 

gear must use modified trawl sweeps. 

The regulation also would change the 

eastern boundary of the Saint Matthew 

Island Habitat Conservation Area to 

further protect blue king crab habitat. 

Timetable: 

Action Date FR Cite 

Notice of Availability 06/29/10 75 FR 37371 

NPRM 07/15/10 75 FR 41123 

Notice of Availability 

Comment Period 

End 

08/30/10 

NPRM Comment 

Period End 

08/30/10 

Final Rule 10/06/10 75 FR 61642 

Final Action Effective 01/20/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AY34 

258. REGULATORY AMENDMENT TO 

REVISE CHARTER HALIBUT 

LOGBOOK SUBMISSION 

REQUIREMENTS AT 50 CFR PART 300 

Legal Authority: 16 USC 2431 et seq; 

31 USC 9701 et seq 

Abstract: Clarifies and revises the 

charter halibut logbook submission 

requirements at 50 CFR part 300 to 

better match the submission schedule 

and reporting format of the Alaska 

Department of Fish and Game saltwater 

charter logbook. 

Timetable: 

Action Date FR Cite 

NPRM 04/27/10 75 FR 22070 

Action Date FR Cite 

NPRM Comment 

Period End 

05/12/10 

Final Rule 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AY38 

259. ADDENDUM IV TO THE 

WEAKFISH INTERSTATE 

MANAGEMENT PLAN—BYCATCH 

TRIP LIMIT 

Legal Authority: 16 USC 5101 

Abstract: NMFS proposes regulations 

that would modify management 

restrictions in the Federal weakfish 

fishery in a manner consistent with the 

Commission’s Weakfish Management 

Board’s (Board) approved Addendum 

IV to Amendment 4 to the ISFMP for 

Weakfish. In short, the proposed 

Federal regulatory change would 

decrease the incidental catch allowance 

for weakfish in the EEZ in non-directed 

fisheries using smaller mesh sizes, from 

150 pounds to no more than 100 

pounds per day or trip, whichever is 

longer in duration. In addition it would 

impose a one fish possession limit on 

recreational fishers. 

Timetable: 

Action Date FR Cite 

NPRM 05/12/10 75 FR 26703 

NPRM Comment 

Period End 

06/11/10 

NPRM Comment 

Period Re–opened 

06/16/10 75 FR 34092 

NPRM Comment 

Period End 

06/30/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable 

Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, Room 13362, 1315 

East–West Highway, Silver Spring, MD 

20910 

Phone: 301 713–2334 

Fax: 301 713–0596 

Email: alan.risenhoover@noaa.gov 

RIN: 0648–AY41 

260. ∑ VESSEL CAPACITY LIMITS IN 

THE PURSE SEINE FISHERY IN THE 

EASTERN PACIFIC OCEAN 

Legal Authority: 16 USC 971 et seq; 

16 USC 951 to 961 

Abstract: NMFS is proposing 

regulations under authority of the Tuna 

Conventions Act of 1950 that would 

revise the vessel capacity limit in the 

purse seine fishery operating in the 

eastern Pacific Ocean (EPO) so it is 

consistent with the amount authorized 

by the Inter-American Tropical Tuna 

Commission (IATTC) under IATTC 

Resolution C-02-03. For the United 

States, a vessel capacity limit of 31,775 

cubic meters, or 27,147 metric tons (mt) 

would be established per Resolution C02-03. Currently, the U.S. fleet capacity 

limit is 8,969 mt, or 10,498 cubic 

meters. This revision would ensure that 

the United States is satisfying its 

obligations as a member of the IATTC 

and not exceeding its allotted capacity 

in the fishery, and the U.S. industry 

is not being unreasonably burdened if 

U.S. participation in the fishery in the 

EPO increased in the future. While an 

increase in U.S. participation in this 

fishery would not be anticipated since 

currently only two purse seine vessels 

are on the IATTC Vessel Register and 

when excess U.S. capacity has been 

available in the past there has not been 

a surge to use this capacity by outside 

vessels, there is a potential for an 

increase in fishing effort and resultant 

fishing mortality to target (i.e., 

yellowfin, skipjack, and bigeye tunas) 

and non-target species in the purse 

seine fishery operating in the EPO. In 

addition, there is also the potential for 

insignificant, positive socioeconomic 

impacts if the proposed action led to 

an increase in catch and revenue for 

fishermen participating in the fishery. 

Timetable: 

Action Date FR Cite 

NPRM 09/03/10 75 FR 54078 

NPRM Comment 

Period End 

10/04/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Mark Helvey, 

Assistant Regional Administrator for 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 


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Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802 

Phone: 562 980–4040 

Fax: 562 980–4047 

Email: mark.helvey@noaa.gov 

Heidi Hermsmeyer, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802 

Phone: 562 980–4036 

Fax: 562 980–4047 

Email: heidi.hermsmeyer@noaa.gov 

RIN: 0648–AY75 

261. ∑ EMERGENCY RULE TO 

RE–OPEN THE RECREATIONAL RED 

SNAPPER SEASON IN THE GULF OF 

MEXICO 

Legal Authority: 16 USC 1801 et seq 

Abstract: The Gulf of Mexico Fishery 

Management Council (Council) has 

requested that NOAA Fisheries Service 

publish an emergency rule that will 

provide authority to the Regional 

Administrator to re-open the 

recreational red snapper season after 

the September 30, 2010, end of the 

fishing season, if it is determined that 

landings during the June 1-July 23 open 

season did not meet the quota. 

Timetable: 

Action Date FR Cite 

NPRM 08/16/10 75 FR 49883 

NPRM Comment 

Period End 

08/31/10 

Final Action— 

Emergency Rule 

09/24/10 75 FR 58335 

Final Action— 

Emergency Rule 

Extension 

03/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–BA06 

262. PROTECTIVE REGULATIONS 

FOR KILLER WHALES IN THE 

NORTHWEST REGION UNDER THE 

ENDANGERED SPECIES ACT AND 

MARINE MAMMAL PROTECTION ACT 

Legal Authority: 16 USC 1361 et seq; 

16 USC 1531 to 1543 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

whether to propose regulations to 

protect killer whales (Orcinus orca) in 

the Pacific Northwest. The Southern 

Resident killer whale distinct 

population segment (DPS) was listed as 

endangered under the Endangered 

Species Act (ESA) on November 18, 

2005 (70 FR 69903). In the final rule 

announcing the listing, NMFS 

identified vessel effects, including 

direct interference and sound, as a 

potential contributing factor in the 

recent decline of this population. Both 

the Marine Mammal Protection Act 

(MMPA) and the ESA prohibit take, 

including harassment, of killer whales, 

but these statutes do not prohibit 

specified acts. NMFS is now 

considering whether to propose 

regulations that would prohibit certain 

acts, under our general authorities 

under the ESA and MMPA and their 

implementing regulations. The 

Proposed Recovery Plan for Southern 

Resident killer whales (71 FR 69101; 

November 29, 2006) includes as a 

management action the evaluation of 

current guidelines and the need for 

regulations and/or protected areas. The 

scope of this ANPR encompasses the 

activities of any person or conveyance 

that may result in the unauthorized 

taking of killer whales and/or that may 

cause detrimental individual-level and 

population-level impacts. NMFS 

requests comments on whether —and 

if so, what type of— conservation 

measures, regulations, and, if necessary, 

other measures would be appropriate to 

protect killer whales from the effects 

of these activities. 

Timetable: 

Action Date FR Cite 

ANPRM 03/22/07 72 FR 13464 

ANPRM Comment 

Period End 

04/23/07 

NPRM 07/29/09 74 FR 37674 

NPRM Comment 

Period Extended 

10/19/09 74 FR 53454 

NPRM Comment 

Period End 

10/27/09 

Action Date FR Cite 

NPRM Extended 

Comment Period 

End 

01/15/10 

Final Rule 01/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2332 

Fax: 301 427–2520 

Email: jim.lecky@noaa.gov 

RIN: 0648–AV15 

263. TAKING AND IMPORTING 

MARINE MAMMALS; U.S. NAVAL 

SURFACE WARFARE CENTER 

PANAMA CITY DIVISION MISSION 

ACTIVITIES 

Legal Authority: 16 USC 1361 et seq 

Abstract: On April 3, 2008, the 

National Marine Fisheries Service 

(NMFS) received an application from 

the Navy requesting an authorization 

for the take of 15 species/stocks of 

cetacean incidental to the proposed 

mission activities in the Naval Surface 

Warfare Center Panama City Division 

(NSWC PCD) study area over the course 

of five years. These mission activities 

are classified as military readiness 

activities. The purpose of the proposed 

mission activities is to enhance NSWC 

PCD’s capability and capacity to meet 

littoral and expeditionary warfare 

requirements by providing Research, 

Development, Test, and Evaluation 

(RDT&E) and in service engineering for 

expeditionary maneuver warfare, 

operations in extreme environments, 

mine warfare, maritime operations, and 

coastal operations. The Navy states that 

these training activities may cause 

various impacts to marine mammal 

species in the NSWC PCD study area. 

The Navy requests an authorization to 

take individuals of these cetacean 

species by Level B Harassment. Further, 

the Navy requests an authorization to 

take 1 individual each of bottlenose, 

Atlantic spotted, and pantropical 

spotted dolphins per year by injury, as 

a result of the proposed mission 

activities. 

NMFS is issuing a proposed rule to 

govern the take of these marine 

mammals by Level B harassment 

(behavior) and Level A harassment 


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DOC—NOAA Final Rule Stage 

(injury) incidental to the 

aforementioned mission activities in 

the Naval NSWC PCD study area for 

a period of five years, under the 

authority of section 101(a)(5)(A) of the 

Marine Mammal Protection Act. Under 

that authority NMFS also must 

prescribe mitigation, monitoring, and 

reporting requirements in connection 

with take authorizations. 

Timetable: 

Action Date FR Cite 

NPRM 04/30/09 74 FR 20156 

NPRM Comment 

Period End 

06/01/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7235 

Fax: 301 713–2521 

Email: michael.payne@noaa.gov 

RIN: 0648–AW80 

264. RULE TO REVISE THE CRITICAL 

HABITAT DESIGNATION FOR THE 

ENDANGERED LEATHERBACK SEA 

TURTLE 

Legal Authority: 16 USC 1531 et seq 

Abstract: The National Marine 

Fisheries Service, announces a rule to 

revise leatherback turtle (Dermochelys 

coriacea) critical habitat under the 

Endangered Species Act of 1973, as 

amended. The leatherback is currently 

listed as endangered throughout its 

range, and critical habitat consists of 

Sandy Point Beach and adjacent waters, 

St. Croix, U.S. Virgin Islands. This rule 

would revise critical habitat to include 

waters along the U.S. West Coast. 

Timetable: 

Action Date FR Cite 

NPRM 01/05/10 75 FR 319 

Notice of Public 

Hearings 

02/01/10 75 FR 5015 

NPRM Comment 

Period Extension 

02/19/10 75 FR 7434 

NPRM Comment 

Period End 

03/08/10 

NPRM Comment 

Period Extension 

End 

04/19/10 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Sara McNulty, 

Ecologist, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2322 

RIN: 0648–AX06 

265. CRITICAL HABITAT 

DESIGNATION FOR COOK INLET 

BELUGA WHALE UNDER THE 

ENDANGERED SPECIES ACT 

Regulatory Plan: This entry is Seq. No. 

29 in part II of this issue of the Federal 

Register. 

RIN: 0648–AX50 

266. TAKING OF MARINE MAMMALS 

INCIDENTAL TO SPECIFIED 

ACTIVITIES; TAKING MARINE 

MAMMALS INCIDENTAL TO TRAINING 

OPERATIONS CONDUCTED WITHIN 

THE GULF OF MEXICO RANGE 

COMPLEX 

Legal Authority: 16 USC 1361 et seq 

Abstract: NMFS has received requests 

from the U.S. Navy (Navy) for 

authorizations for the take of marine 

mammals incidental to training and 

operational activities conducted by the 

Navy’s Atlantic Fleet within Gulf of 

Mexico (GOMEX) Range Complex for 

the period beginning December 3, 2009, 

and ending December 2, 2014. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS is proposing 

regulations to govern that take and 

requesting information, suggestions, 

and comments on these proposed 

regulations. 

Timetable: 

Action Date FR Cite 

NPRM 07/14/09 74 FR 33960 

NPRM Comment 

Period End 

08/13/09 

Final Action 12/00/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–2332 

Fax: 301 427–2520 

Email: jim.lecky@noaa.gov 

RIN: 0648–AX86 

Department of Commerce (DOC) Long-Term Actions 

National Oceanic and Atmospheric Administration (NOAA) 

NATIONAL MARINE FISHERIES 

SERVICE 

267. FISHERY MANAGEMENT PLAN 

FOR REGULATING OFFSHORE 

MARINE AQUACULTURE IN THE 

GULF OF MEXICO 

Legal Authority: 16 USC 1801 et seq. 

Abstract: The purpose of this fishery 

management plan (FMP) is to develop 

a regional permitting process for 

regulating and promoting 

environmentally sound and 

economically sustainable aquaculture 

in the Gulf of Mexico (Gulf) exclusive 

economic zone. This FMP consists of 

ten actions, each with an associated 

range of management alternatives, 

which would facilitate the permitting 

of an estimated 5 to 20 offshore 

aquaculture operations in the Gulf over 

the next 10 years, with an estimated 

annual production of up to 64 million 

pounds. By establishing a regional 

permitting process for aquaculture, the 

Gulf of Mexico Fishery Management 

Council will be positioned to achieve 

their primary goal of increasing 

maximum sustainable yield and 

optimum yield of federal fisheries in 

the Gulf by supplementing harvest of 

wild caught species with cultured 

product. 

Timetable: 

Action Date FR Cite 

Notice of Availability 06/04/09 74 FR 26829 


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DOC—NOAA Long-Term Actions 

Action Date FR Cite 

NOA Comment Period 

End 

08/03/09 

NPRM To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AS65 

268. PROVIDE REGULATIONS FOR 

PERMITS FOR CAPTURE, 

TRANSPORT, IMPORT, AND EXPORT 

OF PROTECTED SPECIES FOR 

PUBLIC DISPLAY, AND FOR 

MAINTAINING A CAPTIVE MARINE 

MAMMAL INVENTORY 

Legal Authority: 16 USC 1372(c) 

Abstract: This rule will revise and 

simplify criteria and procedures 

specific to permits for taking, 

transporting, importing, and exporting 

protected species for public display and 

provide convenient formats for 

reporting marine mammal captive 

holdings and transports as required by 

amendments made in 1994 to the 

Marine Mammal Protection Act. 

Timetable: 

Action Date FR Cite 

NPRM 07/03/01 66 FR 35209 

NPRM Comment 

Period Extended 

08/22/01 66 FR 44109 

NPRM Comment 

Period End 

09/04/01 

NPRM Comment 

Period Extended To 

11/02/01 

Final Action To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Michael Payne 

Phone: 907 586–7235 

Fax: 301 713–2521 

Email: michael.payne@noaa.gov 

RIN: 0648–AH26 

Department of Commerce (DOC) Completed Actions 

National Oceanic and Atmospheric Administration (NOAA) 

269. SOUTH ATLANTIC FISHERY 

ECOSYSTEM PLAN COMPREHENSIVE 

AMENDMENT 

Legal Authority: 16 USC 1801 et seq 

Abstract: The purpose of this action is 

to develop an ecosystem-based 

approach to resource management. The 

South Atlantic Council plans to 

develop a Fishery Ecosystem Plan (FEP) 

Comprehensive Amendment, which 

would modify all its Fishery 

Management Plans (FMPs). The initial 

amendment would include the 

following: (1) various actions to comply 

with new essential fish habitat 

requirements; (2) establishment of deep 

water coral Habitat Areas of Particular 

Concern, with possible gear limitations, 

such as the establishment of allowable 

trawl areas; and (3) other actions 

necessary to implement ecosystembased fishery management. 

Timetable: 

Action Date FR Cite 

Withdrawn 08/05/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AV31 

270. AMENDMENT 17 TO THE SOUTH 

ATLANTIC FISHERY MANAGEMENT 

COUNCIL SNAPPER GROUPER 

FISHERY MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 

Abstract: Amendment 17 is intended 

to: establish management reference 

points (MSY, OY) for red snapper; 

establish a rebuilding plan (rebuilding 

timeframe and rebuilding strategy) for 

red snapper; specify Annual Catch 

Limits (ACL), Annual Catch Targets 

(ACT), and Accountability Measures 

(AM) for 10 species undergoing 

overfishing; and modify management 

measures to ensure future catch is 

equal to or below the ACL. 

Timetable: 

Action Date FR Cite 

Withdrawn 08/17/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AW11 

271. AMENDMENT 2 TO THE FISHERY 

MANAGEMENT PLAN FOR THE 

QUEEN CONCH FISHERY OF PUERTO 

RICO AND THE U.S. VIRGIN ISLANDS 

Legal Authority: 16 USC 1801 

Abstract: St. Croix queen conch 

landings by commercial fishermen 

alone have exceeded sustainable 

harvest levels since the 2000-2001 

fishing season. In 2005-2006 the 

commercial harvest was over four times 

sustainable levels. Additionally, there 

is an unknown but significant 

recreational harvest. Overfishing of 

queen conch has led to resource 

collapse in other regions and in some 

cases, long-term resource loss. 

According to the NMFS Report on the 

Status of the U.S. Fisheries for 2006, 

queen conch is overfished and 

undergoing overfishing. Under current 

fishing practices, reductions in 

mortality are not expected to be 

sufficient in the queen conch fishery. 

Without a reduction in mortality, queen 

conch are not expected to achieve the 

rebuilding goals established in the 

Sustainable Fisheries Amendment of 

2005. Therefore, a change in fishing 

practices is needed to help achieve the 

necessary reductions in queen conch 

fishing mortality. 

Timetable: 

Action Date FR Cite 

Notice of Intent 10/11/07 72 FR 58057 

Regulatory Flexibility Analysis 

Required: Yes 


jlentini on DSKJ8SOYB1PROD with PROPOSALS7
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DOC—NOAA Completed Actions 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AW15 

272. AMENDMENT 3 TO THE 

NORTHEAST SKATE COMPLEX 

FISHERY MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 

Abstract: NMFS proposes regulations 

to implement measures in Amendment 

3 to the Northeast Skate Complex 

Fishery Management Plan (Skate FMP). 

Amendment 3 was developed by the 

New England Fishery Management 

Council (Council) to rebuild overfished 

skate stocks (thorny and smooth skates) 

and implement annual catch limits 

(ACLs) and accountability measures 

(AMs) consistent with the requirements 

of the reauthorized Magnuson-Stevens 

Fishery Conservation and Management 

Act. Amendment 3 would establish an 

ACL and annual catch target (ACT) for 

the skate complex, total allowable 

landings (TAL) for the skate wing and 

bait fisheries, seasonal quotas for the 

bait fishery, reduced possession limits, 

in-season possession limit triggers, and 

other measures to improve management 

of the skate fisheries. This rule also 

includes skate fishery specifications for 

fishing years (FY) 2010 through 2011. 

Timetable: 

Action Date FR Cite 

NPRM 01/21/10 75 FR 3434 

NPRM Comment 

Period End 

02/22/10 

Final Action 06/16/10 75 FR 34049 

Final Action Effective 06/16/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AW30 

273. ATLANTIC HIGHLY MIGRATORY 

SPECIES; ATLANTIC SHARK 

MANAGEMENT MEASURES 

Legal Authority: 16 USC 1801 et seq 

Abstract: This rule evaluates the 

management measures for small coastal 

sharks (SCS), based on the results of 

the 2007 SCS stock assessment. This 

rulemaking could consider, among 

other things, commercial quotas and 

trip limits, recreational minimum size 

and bag limits, time/area closures, and 

the public display quota. In addition, 

this rule implements a rebuilding plan 

for blacknose sharks. To the extent that 

blacknose sharks are caught in fisheries 

that are not targeted highly migratory 

species fisheries, the National Marine 

Fisheries Service (NMFS) will work 

with the appropriate Regional Fishery 

Management Council, Interstate 

Commission, and States to implement 

regulations through their processes to 

rebuild blacknose sharks. This action is 

necessary in light of recent stock 

assessments, which have determined 

that blacknose sharks are overfished 

with overfishing occurring. As needed, 

this rule may include others items to 

clarify existing regulations. 

Timetable: 

Action Date FR Cite 

Notice of Intent 05/07/08 73 FR 25665 

Notice of Scoping 

Meetings and 

Extension of 

Comment Period 

07/02/08 73 FR 37932 

Notice of Intent 

Comment Period 

End 

08/05/08 

Notice of Intent 

Comment Period 

Extended—Second 

Extension 

10/29/08 73 FR 64307 

Notice of Intent 

Comment Period 

Extension End 

10/31/08 

Second Extension 

Comment Period 

End 

11/14/08 

NPRM 07/24/09 74 FR 36892 

NPRM Comment 

Period Extended 

08/10/09 74 FR 39914 

NPRM Comment 

Period End 

09/22/09 

NPRM Comment 

Period Extended 

End 

09/25/09 

Final Action 06/01/10 75 FR 30483 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Margo 

Schulze–Haugen, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 

East–West Highway, Silver Spring, MD 

20910 

Phone: 301 713–0234 

Fax: 301 713–1917 

Email: margo.schulze-haugen@noaa.gov 

RIN: 0648–AW65 

274. AMENDMENT 31 TO THE 

FISHERY MANAGEMENT PLAN FOR 

THE REEF FISH RESOURCES OF THE 

GULF OF MEXICO 

Legal Authority: 16 USC 1801 

Abstract: In September 2008, NOAA’s 

National Marine Fisheries Service 

(NMFS) released a report based on 

observer data that indicated the total 

number of loggerhead sea turtle takes 

by the eastern Gulf of Mexico reef fish 

bottom longline fishery was much 

greater than that authorized in the most 

recent biological opinion. In response, 

the Gulf of Mexico Fishery 

Management Council (Council) 

requested NMFS take emergency action 

to reduce the number of takes by the 

fishery during the short term while the 

Council develops long-term measures 

in Amendment 31. Measures being 

considered include: (1) modifying baits; 

(2) area, season, and depth restrictions; 

(3) reducing effort through a longline 

endorsement program; and (4) using 

observers or electronic monitoring to 

close the fishery once a sea turtle take 

threshold has been met. 

Timetable: 

Action Date FR Cite 

NPRM 01/15/10 75 FR 2469 

NPRM Comment 

Period End 

03/01/10 

Final Action 04/26/10 75 FR 21512 

Final Rule — 

Correction Notice 

05/24/10 75 FR 28760 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AX67 


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DOC—NOAA Completed Actions 

275. SNAPPER–GROUPER FISHERY 

MANAGEMENT PLAN OF THE SOUTH 

ATLANTIC 

Legal Authority: 16 USC 1801 

Abstract: This action would implement 

an interim measure to prohibit the 

harvest of red snapper for 180 days to 

address overfishing of red snapper, 

through interim measures. 

Timetable: 

Action Date FR Cite 

NPRM 07/06/09 74 FR 31906 

NPRM Comment 

Period End 

08/05/09 

Final Action 12/04/09 74 FR 63673 

Final Action Effective 01/04/10 

Extension of Final 

Action 

05/18/10 75 FR 27658 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AX75 

276. SALMON BYCATCH REDUCTION 

MANAGEMENT MEASURES FOR THE 

FISHERY MANAGEMENT PLAN 91 IN 

THE BERING SEA ALEUTIAN 

ISLANDS 

Legal Authority: 16 USC 1801 et seq; 

16 USC 3631 et seq; 16 USC 773 et 

seq; PL 108–447 

Abstract: This fishery management 

plan amendment and rulemaking will 

implement the North Pacific Fishery 

Management Council’s 

recommendations for management 

measures to minimize to the extent 

practicable Chinook salmon bycatch in 

the Bering Sea pollock fishery. These 

management measures provide two 

options for the pollock sectors (e.g., 

inshore catcher vessels, offshore 

catcher-processors, catcher vessels 

delivering to motherships, or CDQ 

entities): fish under a lower Chinook 

salmon cap or participate in an 

incentive program and fish under a 

higher cap. Under the first option, the 

fleet as a whole may choose to fish 

under a transferable cap of 47,591 

Chinook salmon, which would be 

allocated by season and sector. Once 

each sector reaches its specific cap, it 

would be prohibited from continuing to 

fish for pollock for the remainder of 

the season. Alternatively, vessels or 

CDQ entities may choose to participate 

in private contracts called incentive 

plan agreements (IPA) which would 

describe how participants would 

maintain low bycatch even when their 

bycatch levels are well below the hard 

cap approved. Those vessels or CDQ 

entities participating in an IPA would 

be allocated a transferable share of up 

to 60,000 Chinook salmon. This cap 

would be reduced for any vessels or 

CDQ entities not participating in an 

IPA and those vessels and CDQ entities 

would fish under a lower, nontransferable cap. In addition to the 

annual cap levels, if any sector 

operating under an IPA exceeds its 

proportion of 47,591 Chinook salmon 

three times in any seven-year period, 

the sector’s maximum bycatch limit 

will be permanently reduced to its 

proportional share of the 47,591 cap. 

If the FMP amendments and proposed 

rule are approved, fishing under the 

new Chinook salmon bycatch 

management measures would start in 

2011. 

Timetable: 

Action Date FR Cite 

Notice of Availability 02/18/10 75 FR 7228 

NPRM 03/23/10 75 FR 14016 

Notice of Availability 

Comment Period 

End 

04/19/10 

NPRM Comment 

Period End 

05/07/10 

Final Rule 08/30/10 75 FR 53025 

Final Rule Effective 09/29/10 

Correction 09/24/10 75 FR 58337 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AX89 

277. 2010 SUMMER FLOUNDER, 

SCUP, AND BLACK SEA BASS 

RECREATIONAL MANAGEMENT 

MEASURES 

Legal Authority: 16 USC 1801 

Abstract: This action implements the 

2010 recreational management 

measures (minimum fish size, fishing 

seasons, and possession limits) for the 

summer flounder, scup, and black sea 

bass fisheries. 

Timetable: 

Action Date FR Cite 

NPRM 04/27/10 75 FR 22087 

NPRM Comment 

Period End 

05/27/10 

Final Rule 07/08/10 75 FR 39170 

Final Action Effective 08/09/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY04 

278. 2010 TO 2012 ATLANTIC 

HERRING FISHERY SPECIFICATIONS 

AND MANAGEMENT MEASURES 

Legal Authority: 16 USC 1801 

Abstract: NMFS takes this action to 

implement specifications for the 2010- 

2012 fishing years for Atlantic herring. 

Regulations governing this fishery 

require NMFS to publish proposed 

specifications for the upcoming fishing 

years and to provide an opportunity for 

public comment. The intent of this 

action is to fulfill this requirement and 

to promote the development and 

conservation of the Atlantic herring 

resource. 

Timetable: 

Action Date FR Cite 

NPRM 04/20/10 75 FR 20550 

NPRM Comment 

Period End 

05/20/10 

Final Action 08/12/10 75 FR 48874 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY14 


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DOC—NOAA Completed Actions 

279. REMOVE CERTAIN REPORTING 

REQUIREMENTS UNDER THE CRAB 

RATIONALIZATION PROGRAM 

Legal Authority: 16 USC 1801 

Abstract: This rule would remove 

requirements under the Crab 

Rationalization (CR) Program in 50 CFR 

part 680. The requirements are removed 

for an operator of a catcher/processor 

to weigh processed crab when it is 

removed from the vessel and to report 

that weight to NMFS on an offload 

report. Currently, NMFS requires crab 

to be weighed onboard the 

catcher/processor before they are 

processed, and this weight is reported 

to NMFS. In the three years since 

implementation of the CR Program, 

NMFS has determined that the 

additional requirements to weigh 

processed crab when they are removed 

from the vessel and report that weight 

to NMFS are no longer necessary. 

Advancements in at sea reporting 

(eLandings), and the reliability of the 

at-sea motion-compensated hopper 

scales provide adequate information for 

NMFS to monitor and enforce proper 

reporting of crab catch. 

Timetable: 

Action Date FR Cite 

NPRM 08/10/10 75 FR 48298 

NPRM Comment 

Period End 

08/25/10 

Final Rule 09/16/10 75 FR 56485 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AY28 

280. FRAMEWORK ADJUSTMENT 44 

AND SPECIFICATIONS FOR THE 

NORTHEAST MULTISPECIES FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 

Abstract: Framework Adjustment 44 

and Specifications will modify 

management measures for the Northeast 

(NE) Multispecies Fishery Management 

Plan (FMP) to make the FMP more 

precautionary, and implement Annual 

Catch Limit (ACL) specifications for the 

fishery for fishing years 2010, 2011, 

and 2012. 

Timetable: 

Action Date FR Cite 

NPRM 02/01/10 75 FR 5016 

NPRM Comment 

Period End 

03/01/10 

Final Rule 04/09/10 75 FR 18356 

Final Rule Effective 05/01/10 

Temporary Rule 05/26/10 75 FR 29459 

Temporary Rule 

Effective 

05/26/10 

Temporary Rule – 

Adjustments 

Effective 

09/07/10 

Temporary 

Rule–Adjustments 

to Specifications 

09/10/10 75 FR 55286 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY29 

281. FRAMEWORK 21 TO THE 

ATLANTIC SEA SCALLOP FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: Framework Adjustment 21 to 

the Atlantic Sea Scallop Fishery 

Management Plan (Framework 21) will 

set specifications for the 2010 scallop 

fishing year, which begins March 1, 

2010, including adjustments to the total 

allowable catch, days-at-sea (DAS) 

allocations, scallop access area rotation 

schedule, and access area trip 

allocations. This framework is for a 

single year because the Council is 

working on Amendment 15, which will 

establish a process for implementing 

annual catch limits that are required to 

be in place in 2011 for the scallop 

fishery. Framework 21 must also 

comply with the requirements of the 

March 14, 2008, (amended February 5, 

2009), Biological Opinion completed 

for the Atlantic Sea Scallop fishery, 

which requires the amount of allocated 

scallop fishing effort by limited access 

DAS scallop vessels that can be used 

in the Mid-Atlantic to be limited during 

the time of year when sea turtle 

distribution overlaps with scallop 

fishing activity. In addition, Framework 

21 considers minor adjustments to the 

limited access general category 

individual fishing quota program, 

scheduled to be implemented March 1, 

2010, and the observer set-aside 

program. 

Timetable: 

Action Date FR Cite 

NPRM 04/27/10 75 FR 22073 

NPRM Comment 

Period End 

05/12/10 

Final Rule 06/28/10 75 FR 36559 

Final Action Effective 06/28/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY43 

282. AMENDMENTS 95/96/87 FOR THE 

BSAI AND GOA GROUNDFISH FMPS 

FOR BSAI SKATES AND 

GROUNDFISH ANNUAL CATCH 

LIMITS AND ACCOUNTABILITY 

MEASURES 

Legal Authority: 16 USC 773 et seq; 

PL 108–447; PL 106–31; PL 106–554; 

PL 109–479; PL 105–277; 16 USC 1801; 

16 USC 1540 

Abstract: Amendments 96/87 to the 

fishery management plans (FMPs) for 

groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI) and Gulf of Alaska would revise 

the FMPs to conform with the national 

standard 1 guidelines for annual catch 

limits and accountability measures. 

Revisions to the FMPs also include 

housekeeping measures that provide 

further explanation in the FMPs of 

current practices for setting annual 

catch limits and accountability 

measures. These FMP amendments 

would remove species groups (sharks, 

sculpins, octopus in the BSAI and 

sharks, sculpins, octopus, and squid in 

the Gulf of Alaska) from the other 

species complex and manage these 

groups separately in the target species 

category. The regulatory amendment 

would revise the regulations to be 

consistent with the changes made to 

the FMPs regarding harvest 


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DOC—NOAA Completed Actions 

specifications for groups removed from 

the other species category. 

Amendment 95 to the FMP for 

Groundfish of the BSAI would move 

skates from the other species category 

into the target species category. 

Timetable: 

Action Date FR Cite 

NOA 05/03/10 

Notice of Availability 07/02/10 75 FR 38454 

NOA Comment Period 

End 

07/06/10 

Proprosed Rule 07/16/10 75 FR 41424 

Proposed Rule 

Comment Period 

End 

08/30/10 

Notice of Availability 

Comment Period 

End 

08/31/10 

Final Rule 10/06/10 75 FR 61639 

Final Rule Effective 11/05/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: James Balisger, 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802 

Phone: 907 586–7221 

Fax: 907 586–7249 

Email: james.balsiger@noaa.gov 

RIN: 0648–AY48 

283. 2010 SPECIFICATIONS AND 

MANAGEMENT MEASURES FOR THE 

SPINY DOGFISH FISHERY 

MANAGEMENT PLAN 

Legal Authority: 16 USC 1801 et seq 

Abstract: The Mid-Atlantic Fishery 

Management Council (MAFMC) and the 

New England Fishery Management 

Council (NEFMC) jointly manage the 

spiny dogfish fishery on the Atlantic 

coast through the Spiny Dogfish 

Fishery Management Plan (FMP), with 

the MAFMC having the lead. The FMP 

requires the Councils to recommend 

specifications for the spiny dogfish 

fishery consistent with the rebuilding 

program in the FMP. This fishery is 

managed through an annual quota and 

possession limits. The quota is divided 

semi-annually, with quota period 1 

(May 1 through October 31) being 

allocated 57.9 percent of the quota, and 

quota period 2 (November 1 through 

April 30) being allocated 42.1 percent. 

For the 2010 fishing year, the MAFMC 

and NEFMC have adopted separate 

recommendations (ranging from a status 

quo of 12 million pounds to 29 million 

pounds) to provide a sufficient range 

of alternatives for the purposes of 

allowing NOAA’s National Marine 

Fisheries Service to implement 

measures that are responsive to the best 

available data at the time of final 

rulemaking (the next assessment is 

scheduled to occur late January 2010, 

with preliminary results likely available 

at the end of February 2010). Both 

Councils adopted the status quo 

possession limit of 3,000 lb per trip. 

Timetable: 

Action Date FR Cite 

NPRM 04/02/10 75 FR 16716 

NPRM Comment 

Period End 

05/02/10 

Final Action 06/24/10 75 FR 36012 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY50 

284. FISHING YEAR 2010 ATLANTIC 

DEEP–SEA RED CRAB 

SPECIFICATIONS 

Legal Authority: 16 USC 1801 et seq 

Abstract: NMFS takes this action to 

establish the target total allowable catch 

and days-at-sea allocation for FY 2010 

for the red crab fishery. 

Timetable: 

Action Date FR Cite 

NPRM 02/19/10 75 FR 7435 

NPRM Comment 

Period End 

03/22/10 

Final Action 05/14/10 75 FR 27219 

Final Action Effective 06/14/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY51 

285. REGULATORY AMENDMENT TO 

THE GULF OF MEXICO REEF FISH 

FISHERY MANAGEMENT PLAN TO 

SET 2010 MANAGEMENT MEASURES 

FOR RED SNAPPER 

Legal Authority: 16 USC 1801 et seq 

Abstract: The 2009 update stock 

assessment of the Gulf of Mexico red 

snapper stock indicated that although 

the stock is still overfished, the stock 

is rebuilding and overfishing was 

projected to end in 2009. Based on 

their review of the assessment update, 

the Gulf Council’s Scientific and 

Statistical Committee recommended 

total allowable catch (TAC) could be 

increased. The purpose of this 

regulatory amendment is to adjust TAC 

and the resulting recreational and 

commercial quotas consistent with the 

goals and objectives of the Council’s 

red snapper rebuilding plan and 

achieve the mandates of the MagnusonStevens Fishery Conservation and 

Management Act. 

Timetable: 

Action Date FR Cite 

NPRM 03/30/10 75 FR 15665 

NPRM Comment 

Period End 

04/14/10 

Final Action 05/03/10 75 FR 23186 

Final Action Effective 06/02/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Ave South, 

Saint Petersburg, FL 33701 

Phone: 727 824–5305 

Email: roy.crabtree@noaa.gov 

RIN: 0648–AY57 

286. FISHERIES OFF WEST COAST 

STATES; PACIFIC COAST 

GROUNDFISH FISHERY; INTERIM 

2010 TRIBAL WHITING REGULATIONS 

Legal Authority: 16 USC 1801 et seq 

Abstract: NMFS takes this action to 

establish an interim 2010 tribal whiting 

allocation, reporting and closure 

regulations, and refine existing 

regulations on tribal whiting 

reapportionment. This action also sets 

the 2010 Pacific whiting acceptable 

biological catch and optimum yield 

specifications for 2010 based on the 

most recent Pacific whiting stock 

assessment from March 2010. 


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DOC—NOAA Completed Actions 

Timetable: 

Action Date FR Cite 

NPRM 03/12/10 75 FR 11829 

NPRM Comment 

Period End 

04/02/10 

Interim Final Rule for 

2010 Tribal Whiting 

05/04/10 75 FR 23620 

Interim Final Rule 

Effective 

05/19/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 

Sand Point Way NE., Seattle, WA 

98115 

Phone: 206 526–6142 

Fax: 206 526–6736 

Email: frank.lockhart@noaa.gov 

RIN: 0648–AY59 

287. FISHERIES OFF WEST COAST 

STATES; WEST COAST SALMON 

FISHERIES; 2010 MANAGEMENT 

MEASURES 

Legal Authority: 16 USC 1854 

Abstract: This rule implements the 

2010 ocean salmon management 

measures. 

Timetable: 

Action Date FR Cite 

Final Action 05/05/10 75 FR 24482 

Final Action Effective 05/20/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 

Sand Point Way NE., Seattle, WA 

98115 

Phone: 206 526–6142 

Fax: 206 526–6736 

Email: frank.lockhart@noaa.gov 

RIN: 0648–AY60 

288. ∑ 2010 ATLANTIC BLUEFIN TUNA 

QUOTA SPECIFICATIONS 

Legal Authority: 16 USC 1801 

Abstract: This action would establish 

Atlantic bluefin tuna (BFT) quota 

specifications by adjusting the U.S. 

annual BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas in 2008, 

and allocating that quota among the 

domestic fishing categories for the 2010 

fishing year (January 1-December 31, 

2010). This action would be consistent 

with the Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Atlantic Tunas Convention Act. The 

annual specification process is set forth 

in current regulations implemented 

under the 2006 Consolidated Atlantic 

Highly Migratory Species Fishery 

Management Plan. This action is not 

expected to be controversial. 

Timetable: 

Action Date FR Cite 

NPRM 12/02/09 74 FR 63095 

NPRM Comment 

Period End 

01/04/10 

Final Action 06/02/10 75 FR 30732 

Final Rule Correction 06/15/10 75 FR 33731 

Final Action Effective 07/02/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable 

Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, Room 13362, 1315 

East–West Highway, Silver Spring, MD 

20910 

Phone: 301 713–2334 

Fax: 301 713–0596 

Email: alan.risenhoover@noaa.gov 

RIN: 0648–AY77 

289. ∑ PACIFIC COAST GROUNDFISH 

FISHERY; BIENNIAL SPECIFICATIONS 

AND MANAGEMENT MEASURES; 

INSEASON ADJUSTMENTS 

Legal Authority: 16 USC 1801 et seq 

Abstract: On March 6, 2009, NMFS 

published a final rule to implement the 

2009-2010 West Coast groundfish 

harvest specifications and management 

measures (74 FR 9874). This action 

takes routine and frequent management 

action to modify harvest specifications 

and management measures to meet the 

mandates outlined by the Magnuson 

Stevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

Timetable: 

Action Date FR Cite 

Final Rule — Inseason 

Effective 

05/01/10 

Final Rule — Inseason 05/04/10 75 FR 23615 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 

Sand Point Way NE., Seattle, WA 

98115 

Phone: 206 526–6142 

Fax: 206 526–6736 

Email: frank.lockhart@noaa.gov 

RIN: 0648–AY82 

290. ∑ INSEASON ADJUSTMENT TO 

THE FY 2010 ATLANTIC DEEP SEA 

RED CRAB SPECIFICATIONS 

Legal Authority: 16 USC 1801 et seq 

Abstract: This action is an inseason 

Adjustment to modify the red crab 

specifications to raise the target TAC 

to the revised recommended Acceptable 

Biological Catch (ABC) by the New 

England Fishery Management Council’s 

Scientific and Statistical Committee. In 

May 2010, NMFS published the final 

rule for the FY 2010 red crab 

specifications implementing the 

Council’s original recommended 

specifications (target TAC equal to 3.56 

million lb; 582 DAS). In March 2010, 

the Council’s Scientific and Statistical 

Committee met to review their previous 

recommendation for red crab. NMFS 

does not have the regulatory authority 

to implement specifications higher than 

the Councils recommendation. The 

regulations do, however, allow for an 

in-season adjustment to the 

specifications, after consultation with 

the Council. The Council met on April 

28, 2010, and has recommended that 

NMFS adjust the FY 2010 

specifications commensurate with the 

SSCs revised recommendation. The 

adjusted specifications would be 3.91 

million lb and 657 DAS. 

Timetable: 

Action Date FR Cite 

NPRM 06/22/10 75 FR 35435 

NPRM Comment 

Period End 

07/10/10 

Final Action 08/13/10 75 FR 49420 

Final Action Effective 09/13/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AY88 


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DOC—NOAA Completed Actions 

291. RULEMAKING TO ESTABLISH 

TAKE PROHIBITIONS FOR THE 

THREATENED SOUTHERN DISTINCT 

POPULATION SEGMENT OF NORTH 

AMERICAN GREEN STURGEON 

Legal Authority: 16 USC 1531 to 1543 

Abstract: Under section 4(d) of the 

Federal Endangered Species Act (ESA), 

the Secretary of Commerce is required 

to adopt such regulations as he deems 

necessary and advisable for the 

conservation of species listed as 

threatened. This rule would apply the 

prohibitions under ESA section 

9(a)(1)(A) through 9(a)(1)(G) for 

threatened Southern DPS green 

sturgeon, but would include certain 

exceptions and exemptions from the 

take prohibitions. Exceptions are 

included for certain scientific research, 

emergency fish rescue, law 

enforcement, and habitat restoration 

activities that meet the criteria 

specified in the protective regulations 

under Section 4(d) of the ESA for 

Southern DPS green sturgeon. 

Exemptions are included for state 

scientific research, fisheries activities, 

and tribal activities conducted under 

NMFS approved ESA 4(d) programs. 

Thus, take of Southern DPS fish may 

be authorized under ESA section 7 or 

10, or under an exception or exemption 

to the take prohibitions if the activities 

are conducted in compliance with 

NMFS criteria or NMFS-approved 

plans. 

Timetable: 

Action Date FR Cite 

NPRM 05/21/09 74 FR 23822 

Action Date FR Cite 

NPRM Comment 

Period End 

07/20/09 

Final Action 04/02/10 75 FR 30714 

Final Action Effective 07/02/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East–West 

Highway, Silver Spring, MD 20910 

Phone: 301 713–1401 

Fax: 301 427–2523 

Email: marta.nammack@noaa.gov 

RIN: 0648–AV94 

Department of Commerce (DOC) Proposed Rule Stage 

Patent and Trademark Office (PTO) 

292. REVISION OF USPTO FEES FOR 

FISCAL YEAR 2011 

Legal Authority: 35 USC 41, 119, 120, 

132(b) and 376; PL 109–383; PL 

110–116; PL 110–137; PL 110–149; PL 

110–161; PL 110–5; PL 110–92 

Abstract: The United States Patent and 

Trademark Office (USPTO) is taking 

this action to adjust certain patent and 

trademark fee amounts set in the 

aggregate to recover the estimated cost 

to the USPTO for processing activities 

and services and materials relating to 

patents and trademarks, respectively, 

including proportionate shares of the 

administrative costs of the USPTO. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

NPRM Comment 

Period End 

02/00/11 

Final Action 05/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313 

Phone: 571 272–6299 

Fax: 571 273–6299 

Email: walter.schlueter@uspto.gov 

RIN: 0651–AC43 

293. REVISION OF USPTO FEES FOR 

FISCAL YEAR 2012 

Legal Authority: 35 USC 41, 119, 120, 

132(b) and 376; PL 109–383; PL 

110–116; PL 110–137; PL 110–149; PL 

110–161; PL 110–5; PL 110–92 

Abstract: The United States Patent and 

Trademark Office (USPTO) is taking 

this action to adjust certain patent and 

trademark fee amounts set in the 

aggregate to recover the estimated cost 

to the USPTO for processing activities 

and services and materials relating to 

patents and trademarks, respectively, 

including proportionate shares of the 

administrative costs of the USPTO. 

Timetable: 

Action Date FR Cite 

NPRM 12/00/10 

NPRM Comment 

Period End 

02/00/11 

Final Action 06/00/11 

Final Action Effective 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313 

Phone: 571 272–6299 

Fax: 571 273–6299 

Email: walter.schlueter@uspto.gov 

RIN: 0651–AC44 

Department of Commerce (DOC) Final Rule Stage 

Patent and Trademark Office (PTO) 

294. INTERIM INCREASE ON PATENT 

FEES FOR FISCAL YEAR 2011 

Legal Authority: PL 110–137; PL 

110–149; PL 110–161; PL 110–5; PL 

110–92; 35 USC 41, 119, 120,132(b) and 

376; PL 109–383; PL 110–116 

Abstract: The United States Patent and 

Trademark Office (USPTO) is proposing 

an interim increase on certain patent 

fees to fund the requirements for 

putting the USPTO on a sustainable 

path to fund agency operations, reduce 

patent inventory and pendency, and 

invest in information technology. 

Timetable: 

Action Date FR Cite 

Final Action 12/00/10 


jlentini on DSKJ8SOYB1PROD with PROPOSALS7
79750 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DOC—PTO Final Rule Stage 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313 

Phone: 571 272–6299 

Fax: 571 273–6299 

Email: walter.schlueter@uspto.gov 

RIN: 0651–AC42 

[FR Doc. 2010–30450 Filed 12–17–10; 8:45 

am] 

BILLING CODE 3510–12–S 


jlentini on DSKJ8SOYB1PROD with PROPOSALS7