1536 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

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

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

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

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

Fall 2012 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Commerce), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to prerulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the spring 2012 agenda. 

The purpose of the agenda is to provide 

information to the public on regulations 

that are currently under review, being 

proposed, or issued by Commerce. The 

agenda is intended to facilitate 

comments and views by interested 

members of the public. 

Commerce’s fall 2012 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period October 1, 2012 

through September 30, 2013. 

FOR FURTHER INFORMATION CONTACT:

Specific: For additional information 

about specific regulatory actions listed 

in the agenda, contact the individual 

identified as the contact person. 

General: Comments or inquiries of a 

general nature about the agenda should 

be directed to Asha Mathew, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230, telephone: 202–482–3151. 

SUPPLEMENTARY INFORMATION: Commerce 

hereby publishes its fall 2012 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 June 13, 2012, the Office of 

Management and Budget issued 

guidelines and procedures for the 

preparation and publication of the fall 

2012 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 Commerce’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, Commerce’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

Internet. In addition, for fall editions of 

the Agenda, Commerce’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within Commerce, the Office of the 

Secretary and various operating units 

may issue regulations. These operating 

units, the National Oceanic and 

Atmospheric Administration (NOAA), 

the Bureau of Industry and Security, 

and the Patent and Trademark Office, 

issue the greatest share of Commerce’s 

regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

NMFS’ programs, an ‘‘Explanation of 

Information Contained in NMFS 

Regulatory Entries’’ is provided below. 

Explanation of Information Contained 

in NMFS Regulatory Entries 

The Magnuson-Stevens Fishery 

Conservation and Management Act (16 

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

the management of fisheries within the 

Exclusive Economic Zone of the United 

States (EEZ). The EEZ refers to those 

waters from the outer edge of the State 

boundaries, generally 3 nautical miles, 

to a distance of 200 nautical miles. 

Fishery Management Plans (FMPs) are 

to be prepared for fisheries that require 

conservation and management 

measures. Regulations implementing 

these FMPs regulate domestic fishing 

and foreign fishing where permitted. 

Foreign fishing may be conducted in a 

fishery in which there is no FMP only 

if a preliminary fishery management 

plan has been issued to govern that 

foreign fishing. Under the Act, eight 

Regional Fishery Management Councils 

(Councils) prepare FMPs or 

amendments to FMPs for fisheries 

within their respective areas. In the 

development of such plans or 

amendments and their implementing 

regulations, the Councils are required by 

law to conduct public hearings on the 

draft plans and to consider the use of 

alternative means of regulating. 

The Council process for developing 

FMPs and amendments makes it 

difficult for NMFS to determine the 

significance and timing of some 

regulatory actions under consideration 

by the Councils at the time the 

semiannual regulatory agenda is 

published. 

Commerce’s fall 2012 regulatory 

agenda follows. 

Cameron F. Kerry, 

General Counsel. 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1537 

INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

162 .................... Modification of Regulations Regarding the Definition of Factual Information and Time Limits for Submission of Factual Information.0625–AA91 

INTERNATIONAL TRADE ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

164 .................... Generic Amendment 4 for to Fishery Management Plans in the Gulf of Mexico: Fixed Petroleum Platforms 

and Artificial Reefs as Essential Fish Habitat.

0648–BC47 

165 .................... Amendment 28 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 

Region.

0648–BC63 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

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

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

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

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

172 .................... Amendment to Recover the Administrative Costs of Processing Permit Applications ................................... 0648–AY81 

173 .................... Amendment 22 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 

Region.

0648–BA53 

174 .................... Amendment 21 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region ............... 0648–BA59 

175 .................... Amendment 6 to the Golden Crab Fishery Management Plan of the South Atlantic ..................................... 0648–BA60 

176 .................... Implement the 2010 Shark Conservation Act Provisions and Other Regulations in the Atlantic 

Smoothhound Shark Fishery.

0648–BB02 

177 .................... Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Cost 

Recovery Program.

0648–BB17 

178 .................... Amendment 18B to the Snapper Grouper Fishery Management Plan of the South Atlantic Region ............. 0648–BB58 

179 .................... Amendment 89 to the GOA FMP Area Closures for Chionoecetes Bairdi Crab Protection in Gulf of Alaska 

Groundfish Fisheries.

0648–BB76 

180 .................... Amendment to the Vessel Ownership Requirements of the Individual Fishing Quota (IFQ) Program for 

Fixed-Gear Pacific halibut and Sablefish Fisheries in and off of Alaska.

0648–BB78 

181 .................... Pacific Coast Groundfish Trawl Rationalization Program Reconsideration of Allocation of Whiting (Raw 2) 0648–BC01 

182 .................... Framework Adjustment 5 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan .......... 0648–BC08 

183 .................... Generic Amendment to Several Fishery Management Plans in the Gulf of Mexico and South Atlantic Regions to Modify Federally-Permitted Seafood Dealer Reporting Requirements.0648–BC12 

184 .................... Amendment 4 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands: Parrotfish Size Limits.0648–BC20 

185 .................... Comprehensive Ecosystem Based Amendment 3 .......................................................................................... 0648–BC22 

186 .................... Amendment 42 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 0648–BC25 

187 .................... Framework Adjustment to the Northeast Multispecies Fishery Management Plan for 2013–2014 Annual 

Catch Limits (ACLs) and Other Management Measures.

0648–BC27 

188 .................... Amendment 43 to the FMP for BSAI King and Tanner Crabs and Amendment 103 to the FMP for 

Groundfish of the BSAI.

0648–BC34 

189 .................... Amendment 38 to the Fishery Management Plan for Reef Fish Resources in the Gulf of Mexico ............... 0648–BC37 

190 .................... Amendment 4 to the U.S. Caribbean Coral FMP: Seagrass Management .................................................... 0648–BC38 

191 .................... Amendment 95 to the Fishery Management Plan for Groundfish of the Gulf of Alaska ................................ 0648–BC39 

192 .................... 2013 Atlantic Mackerel, Squid, and Butterfish Fishery Specifications and Management Measures .............. 0648–BC40 

193 .................... Management Measures for Pacific Bluefin Tuna in the Eastern Pacific Ocean ............................................. 0648–BC44 

194 .................... Proposed Rule; Regulatory Amendment to Implement an Exempted Fishery for the Spiny Dogfish Fishery 

Off Cape Cod, MA.

0648–BC50 

195 .................... Framework Action to Set the Annual Catch Limit and Optionally the Annual Catch Target for the Gulf of 

Mexico Vermilion Snapper Stock.

0648–BC51 

196 .................... Amendment 9 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region ......... 0648–BC58 

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1538 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

197 .................... Regulatory Amendment 15 to the Fishery Management Plan for the Snapper-Grouper Fishery of the 

South Atlantic Region (Section 610 Review).

0648–BC60 

198 .................... Framework Action to set the 2013 Gag Recreational Fishing Season & Bag Limit & Modify the FebruaryMarch Shallow-Water Grouper Closed Season.0648–BC64 

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

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

201 .................... Reduce the Threat of Ship Collisions with North Atlantic Right Whales ......................................................... 0648–BB20 

202 .................... Endangered and Threatened Species: Designation of Critical Habitat for Threatened Lower Columbia 

River Coho Salmon and Puget Sound Steelhead.

0648–BB30 

203 .................... Amendment and Updates to the Bottlenose Dolphin Take Reduction Plan ................................................... 0648–BB37 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

204 .................... Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental 

Review Procedure.

0648–AV53 

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

206 .................... Atlantic Highly Migratory Species; Vessel Monitoring Systems ...................................................................... 0648–BA64 

207 .................... Atlantic Highly Migratory Species Electronic Dealer Reporting Requirements ............................................... 0648–BA75 

208 .................... To Establish a Voluntary Fishing Capacity Reduction Program in the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Management Area Non-Pollock Groundfish Fishery.0648–BB06 

209 .................... Framework Adjustment 47 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BB62 

210 .................... Gulf of Mexico Reef Fish Amendment 34: Commercial Reef Fish Permit Requirements and Crew Size on 

Dual-Permitted Vessels.

0648–BB72 

211 .................... 2012 Gulf of Mexico Gray Triggerfish Annual Catch Limits and Annual Catch Targets for the Commercial 

and Recreational Sectors; and In-Season Accountability Measures for the Recreational Sector.

0648–BB90 

212 .................... Amendment 35 to the Reef Fish Fishery Management Plan Addressing Changes to the Greater 

Amberjack Rebuilding Plan and Adjustments to the Stock Annual Catch Limit in the Gulf of Mexico.

0648–BB97 

213 .................... Framework Adjustment 6 to the Atlantic Mackerel, Squid and Butterfish Fishery Management Plan ........... 0648–BB99 

214 .................... Georges Bank Yellowtail Flounder Emergency Action to Provide a Partial Exemption From Accountability 

Measures to the Atlantic Scallop Fishery.

0648–BC33 

215 .................... Interim Final Rule for 2012 Butterfish Specifications ...................................................................................... 0648–BC57 

216 .................... Emergency Rule for a Temporary Action to Adjust the Commercial ACL for Yellowtail Snapper in the 

South Atlantic Snapper-Grouper Fishery.

0648–BC59 

217 .................... Emergency Rule to set the 2012 Annual Catch Limit for the Gulf of Mexico Vermilion Snapper Stock ........ 0648–BC65 

218 .................... False Killer Whale Take Reduction Plan (Section 610 Review) .................................................................... 0648–BA30 

219 .................... Revision of Hawaiian Monk Seal Critical Habitat ............................................................................................ 0648–BA81 

220 .................... Mandatory Use of Turtle Excluder Devices (TEDs) in Skimmer Trawls, Pusher-Head Trawls, and Wing 

Nets (Butterfly Trawls).

0648–BC10 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

222 .................... Amendment 6 to the Monkfish Fishery Management Plan ............................................................................. 0648–BA50 

223 .................... Development of Island-Specific Fishery Management Plans (FMPs) in the Caribbean: Transition from 

Species-Specific FMPs to Island-Specific FMPs.

0648–BC17 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

225 .................... 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 

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

227 .................... Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper 

Grouper Fishery of the South Atlantic Region.

0648–AY73 

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

229 .................... Amendment 24 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 

Region.

0648–BA52 

230 .................... Regulatory Amendment 11 to the Fishery Management Plan for the Snapper Grouper Fishery of the 

South Atlantic Region.

0648–BB10 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1539 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

231 .................... Amendment 93 to Implement Chinook Salmon Prohibited Species Catch Limits in the Gulf of Alaska Pollock Fishery.0648–BB24 

232 .................... Implementation of Comprehensive Ecosystem Based Amendment 2 ............................................................ 0648–BB26 

233 .................... Emergency Rule to Increase the 2011 Catch Limits for the Northeast Skate Complex ................................. 0648–BB32 

234 .................... Rule to Delay the Effective Date of Atlantic Smoothhound Management Measures ..................................... 0648–BB43 

235 .................... Amendment 11 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic.0648–BB44 

236 .................... Framework Adjustment 23 to the Atlantic Sea Scallop Fishery Management Plan ....................................... 0648–BB51 

237 .................... 2012 Pacific Halibut Fisheries; Catch Sharing Plan ........................................................................................ 0648–BB68 

238 .................... 2012–2013 Specifications for the Northeast Skate Complex .......................................................................... 0648–BB83 

239 .................... 2012 Tribal Fishery for Pacific Whiting ............................................................................................................ 0648–BB85 

240 .................... Regulatory Amendment to Revise Fall Recreational Closed Season and Set Annual Catch Limit for Red 

Snapper.

0648–BB91 

241 .................... Atlantic Highly Migratory Species; Silky Shark Management Measures ......................................................... 0648–BB96 

242 .................... 2012 Summer Flounder, Scup, and Black Sea Bass Recreational Harvest Measures .................................. 0648–BC07 

243 .................... Temporary Rule Through Emergency Action to Allow Harvest of Red Snapper in the South Atlantic Region in 2012.0648–BC32 

244 .................... Revisions to the Turtle Excluder Device Requirements .................................................................................. 0648–AV04 

245 .................... Amendment to Regulations Under the Bottlenose Dolphin Take Reduction Plan .......................................... 0648–BA34 

PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

246 .................... Setting and Adjusting Patent Fees .................................................................................................................. 0651–AC54 

PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

247 .................... Changes to Implement the Supplemental Examination Provisions of the Leahy-Smith America Invents Act 

and to Revise Reexamination Fees.

0651–AC69 

248 .................... Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial 

and Appeal Board Decisions.

0651–AC70 

249 .................... Changes to Implement Inter Partes Review Proceedings ............................................................................... 0651–AC71 

250 .................... Changes to Implement Derivation Proceedings .............................................................................................. 0651–AC74 

251 .................... Transitional Program for Covered Business Method Patents—Definition for Technological Invention .......... 0651–AC75 

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Final Rule Stage 

162. Modification of Regulations 

Regarding the Definition of Factual 

Information and Time Limits for 

Submission of Factual Information 

Legal Authority: 5 U.S.C. 301; 19 

U.S.C. 1202 note; 19 U.S.C. 1303 note; 

19 U.S.C. 1671 et seq.; 19 U.S.C. 3538. 

Abstract: This rule will modify the 

definition of factual information for the 

purposes of antidumping and 

countervailing duty proceedings, and it 

will modify the time limits for 

submission of factual information in 

such proceedings. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/10/12 77 FR 40534 

Action Date FR Cite 

NPRM Comment 

Period End.

08/24/12 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Vannatta, 

Policy Analyst, Department of 

Commerce, International Trade 

Administration, 1401 Constitution Ave 

NW., Washington, DC 20230, Phone: 

202 482–4036, Email: 

charles.vannatta@trade.gov. 

RIN: 0625–AA91 

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Long-Term Actions 

163. Commercial Availability of Fabric 

and Yarn 

Legal Authority: EO 13191; Pub. L. 

106–200, sec 112(b)(5)(B); Pub. L. 106– 

200, sec 211; Pub. L. 107–210, sec 3103 

Abstract: This rule implements 

certain provisions of the Trade and 

Development Act of 2000 (the Act). Title 

I of the Act (the African Growth and 

Opportunity Act or AGOA), title II of 

the Act (the United States-Caribbean 

Basin Trade Partnership Act or CBTPA), 

and title XXXI of the Trade Act of 2002 

(the Andean Trade Promotion and Drug 

Eradication Act or ATPDEA) provide for 

quota- and duty-free treatment for 

qualifying apparel products from 

designated beneficiary countries. AGOA 

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1540 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

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. 

Agency Contact: Janet Heinzen, 

Phone: 202 482–4006, Email: 

janet_heinzen@ita.doc.gov. 

RIN: 0625–AA59 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Prerule Stage 

National Marine Fisheries Service 

164. • Generic Amendment 4 for to 

Fishery Management Plans in the Gulf 

of Mexico: Fixed Petroleum Platforms 

and Artificial Reefs as Essential Fish 

Habitat 

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

Abstract: The Gulf of Mexico Fishery 

Management Council (Gulf Council) is 

concerned about the effect that the 

Removal of structures serving as 

artificial reef habitat may have on reef 

fish fisheries in the Gulf of Mexico. An 

abundance of individuals of managed 

reef fish species have come to associate 

with these structures over the past 

several decades. Fisheries, both 

recreational and commercial, have come 

to utilize these platforms as sites to 

catch these fish and the habitat 

provided by these structures may be 

necessary to support viable fish 

populations and associated fisheries. 

Artificial reefs are inhabited by a 

number of federally managed species 

and may provide important habitat 

necessary to fish for spawning, 

breeding, feeding or growth to maturity. 

The purpose of this action is to consider 

the role of this habitat as essential fish 

habitat (EFH) in accordance with the 

regulations at 50 CFR part 600 subpart 

J. This generic amendment is intended 

to modify seven of the Council’s FMPs 

through the modification of the Generic 

Essential Fish Habitat Amendment. 

These include FMPs for: Reef Fish 

Resources, Coastal Migratory Pelagics, 

Shrimp, Stone Crab, Coral and Coral 

Reef Resources, Spiny Lobster, and Red 

Drum. Currently, there are no oil and 

gas structures in any U.S. waters 

designated as EFH, and the Gulf Council 

has not previously identified artificial 

structures as a separate habitat type for 

EFH identification purposes or included 

them in their definition of ‘‘hard 

bottoms.’’ In order for the National 

Marine Fisheries Service to approve the 

Gulf Council’s proposal to designate oil 

and gas structures as EFH, the Gulf 

Council must demonstrate, using the 

best available scientific information, the 

necessary linkage of the habitat 

functions to major life history stages of 

species managed under the MagnusonStevens Act in accordance with the EFH 

regulations. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC47 

165. • Amendment 28 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

Legal Authority: 16 U.S.C. 1801 

Abstract: A limited red snapper 

fishing season was established in 2012 

through an emergency action under the 

Magnuson-Stevens Fishery 

Conservation and Management Act. The 

South Atlantic Fishery Management 

Council (Council) determined that some 

directed harvest could be allowed 

without compromising the rebuilding of 

the red snapper stock to target levels, 

and they saw the limited harvest as an 

opportunity to collect additional data on 

red snapper. Through Amendment 28, 

the Council intends to establish a 

process that would allow this type of 

limited harvest for red snapper in 2013 

and in the future, depending on the 

projected mortalities (landings and 

discards) for the current fishing year 

and the amount of harvest from the 

previous year. The proposed actions 

would benefit fishermen and fishing 

communities that utilize the red 

snapper portion of the snapper grouper 

fishery. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC63 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

166. Fishery Management Plan for 

Regulating Offshore Marine 

Aquaculture in the Gulf of Mexico 

Legal Authority: 16 U.S.C. 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 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1541 

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 

NOA Comment 

Period End.

08/03/09 

NPRM .................. 03/00/13 

Final Action ......... 07/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AS65 

167. American Lobster Fishery; Fishing 

Effort Control Measures to Complement 

Interstate Lobster Management 

Recommendations by the Atlantic 

States Marine Fisheries Commission 

Legal Authority: 16 U.S.C. 5101 et seq. 

Abstract: The National Marine 

Fisheries Service plans to revise the 

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 .................. 12/00/12 

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 

168. Amendment 3 to the Spiny Dogfish 

Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: The New England and MidAtlantic Fishery Management Councils 

(Councils) are preparing, 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 

prepare an Environmental Impact Statement.

08/05/09 74 FR 30963 

Notice of Intent .... 08/05/09 74 FR 39063 

Comment Period 

End.

09/04/09 

Notice of Intent .... 05/13/10 75 FR 26920 

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

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 

169. Amendment 14 to the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan 

Legal Authority: 16 U.S.C. 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 

Notice of Intent .... 06/09/10 75 FR 32745 

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

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 

170. Fisheries in the Western Pacific; 

Pelagic Fisheries; Purse Seine Fishing 

With Fish Aggregation Devices 

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

Abstract: The Western Pacific Council 

is amending the Pelagics Fishery 

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 .................. 03/00/13 

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 

171. Amendment 5 to the Atlantic 

Herring Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: Amendment 5 to the 

Atlantic Herring Fishery Management 

Plan will consider: catch monitoring 

programs; interactions with river 

herring; access by herring midwater 

trawl vessels in groundfish closed areas; 

and interactions with the mackerel 

fishery. 

Timetable: 

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1542 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Action Date FR Cite 

Supplemental Notice of Intent.12/28/09 74 FR 68576 

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

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 

172. Amendment To Recover the 

Administrative Costs of Processing 

Permit Applications 

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

seq.; 16 U.S.C. 1853; 16 U.S.C. 1854; 16 

U.S.C. 3631 et seq.; 16 U.S.C. 773 et 

seq.; Pub. L. 108–447 

Abstract: This action amends the 

fishery management plans of the North 

Pacific Fishery Management Council 

and revises federal regulations at 50 

CFR part 679 to recover the 

administrative costs of processing 

applications for permits required under 

those plans. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/13 

Final Rule ............ 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D. Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Room 420, 709 West 

Ninth Street, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, 

Email: robert.mecum@noaa.gov. 

RIN: 0648–AY81 

173. Amendment 22 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of the 

amendment is to establish a long-term 

red snapper fishery management 

program in the South Atlantic to 

optimize yield and rebuild the stock, 

while minimizing socioeconomic 

impacts. More specifically, these 

alternatives will consider the 

elimination of harvest restrictions on 

red snapper as the stock increases in 

biomass. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 01/03/11 76 FR 101 

Notice of Intent 

Comment Period End.

02/14/11 

NPRM .................. 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BA53 

174. Amendment 21 to the SnapperGrouper Fishery Management Plan of 

the South Atlantic Region 

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

Abstract: Amendment 21 examines 

measures to limit participation in the 

snapper grouper fishery including 

endorsements, trip limits, and catch 

share programs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BA59 

175. Amendment 6 to the Golden Crab 

Fishery Management Plan of the South 

Atlantic 

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

Abstract: Golden Crab Amendment 6 

examines alternatives for a catch share 

program to limit participation in the 

golden crab fishery. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 01/03/11 76 FR 98 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BA60 

176. Implement the 2010 Shark 

Conservation Act Provisions and Other 

Regulations in the Atlantic 

Smoothhound Shark Fishery 

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

Abstract: This rule considers changes 

in the Atlantic shark fishery to comply 

with the 2010 Shark Conservation Act. 

Additionally, the rule reexamines the 

overall smoothhound shark quota based 

upon updated catch data and will 

implement measures, as needed, to 

comply with the Endangered Species 

Act. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, 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.schulzehaugen@noaa.gov. 

RIN: 0648–BB02 

177. Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; Cost 

Recovery Program 

Legal Authority: 16 U.S.C. 1853 

Abstract: This rulemaking would 

implement a Cost Recovery Program for 

the Pacific Coast Groundfish Trawl 

Rationalization Program (TRAT). In 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) 16 U.S.C. 1853a MSA 

303A(d)(2), the Secretary of Commerce 

is authorized to collect a fee to recover 

the actual costs directly related to the 

management, data collection, and 

enforcement of any limited access 

privilege program (LAPP), up to 3% of 

the ex-vessel value of the fish harvested 

under the LAPP. The Pacific Fishery 

Management Council (Council) 

recommended and NMFS approved 

Amendment 20 to the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) in 2010, which acknowledged the 

MSA requirement for a Cost Recovery 

Program (Appendix E to the FMP). 

NMFS implemented most of the Trawl 

Rationalization Program in January 2011 

with notice that the design and 

implementation of a Cost Recovery 

Program would follow. 

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Timetable: 

Action Date FR Cite 

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

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–BB17 

178. Amendment 18B to the Snapper 

Grouper Fishery Management Plan of 

the South Atlantic Region 

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

Abstract: Amendment 18B to the 

Fishery Management Plan for the 

Snapper Grouper Fishery of the South 

Atlantic Region may: limit participation 

in the golden tilefish portion of the 

Snapper Grouper fishery; establish 

initial eligibility requirements for a 

golden tilefish longline endorsement; 

establish an appeals process; allocate 

commercial golden tilefish quota among 

gear groups; allow for transferability of 

golden tilefish endorsements; adjust the 

golden tilefish fishing year; modify the 

golden tilefish fishing limits; and 

establish trip limits for fishermen who 

do not receive a golden tilefish longline 

endorsement. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB58 

179. Amendment 89 to the GOA FMP 

Area Closures for Chionoecetes Bairdi 

Crab Protection in Gulf of Alaska 

Groundfish Fisheries 

Legal Authority: 16 U.S.C. 1540; 16 

U.S.C. 1801 et seq.; 16 U.S.C. 3631 et 

seq.; 16 U.S.C. 773 et seq.; Pub. L. 105– 

277; Pub. L. 106–31 

Abstract: This action, Amendment 89 

to the GOA FMP Area Closures for 

Chionoecetes bairdi, will provide crab 

protection in Gulf of Alaska Groundfish 

Fisheries. This action would close a 

portion of Marmot Bay, northeast of 

Kodiak Island, to the use of pot and 

trawl gear (with the exception of pelagic 

gear used to target pollock) in 

groundfish fisheries year-round and 

require additional observer coverage 

(100 percent for trawl vessels and 30 

percent for pot vessels), in two areas 

east of Kodiak Island: the Chiniak Gully 

and State of Alaska Statistical Area 

525702. This action is necessary to 

protect stocks of Tanner crab near 

Kodiak Islands from the effects of using 

non-pelagic trawl and pot gear used to 

target groundfish in Marmot Bay and to 

provide improved estimates of the 

incidental catch of Tanner crab in two 

areas east of Kodiak Island by vessels 

using non-pelagic trawl and pot gear 

and to accomplish the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska. The intended effect of this 

action is to conserve and manage the 

fisheries resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BB76 

180. Amendment to the Vessel 

Ownership Requirements of the 

Individual Fishing Quota (IFQ) 

Program for Fixed-Gear Pacific Halibut 

and Sablefish Fisheries in and Off of 

Alaska 

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

seq.; 16 U.S.C. 3631 et seq.; 16 U.S.C. 

773 et seq.; Pub. L. 108–447 

Abstract: This action amends the 

vessel ownership requirements of the 

Individual Fishing Quota (IFQ) Program 

for fixed-gear Pacific halibut and 

sablefish fisheries in and off of Alaska. 

This action requires initial recipients of 

certain classes of quota share to have 

held a minimum of 20 percent 

ownership interest in the vessel for at 

least 12 consecutive months prior to the 

submission of an application to hire a 

master for the purposes of fishing an 

IFQ permit. This action also temporarily 

exempts from the 12-month ownership 

requirement an initial recipient whose 

vessel has been totally lost, as by 

sinking or fire, or so damaged that the 

vessel would require at least 60 days of 

shipyard time to be repaired. This 

action is necessary to maintain a 

predominantly owner-operated fishery. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BB78 

181. Pacific Coast Groundfish Trawl 

Rationalization Program 

Reconsideration of Allocation of 

Whiting (RAW 2) 

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

Abstract: On February 21, 2012, Judge 

Henderson issued the remedy order in 

Pacific Dawn, LLC v. Bryson, No. C10– 

4829 TEH (N.D. Cal.). The Order 

remands the regulations addressing the 

initial allocation of whiting for the 

shorebased individual fishing quota 

(IFQ) fishery and the at-sea mothership 

fishery of the Pacific Coast Groundfish 

Trawl Rationalization Program 

(program) ‘‘for further consideration’’ 

consistent with the court’s December 22, 

2011 summary judgment ruling, the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), and all other governing law. 

Further, the Order requires that the 

National Marine Fisheries Service 

(NMFS) implement revised regulations 

before the 2013 Pacific whiting fishing 

season begins on April 1, 2013. This 

action would implement revised 

regulations, as appropriate, including a 

reallocation of whiting and potentially 

some related species. This action may 

include a Paperwork Reduction Act 

package to clear application forms, and 

any other necessary documentation. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 04/04/12 77 FR 20337 

Proposed Rule .... 12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 Sand 

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1544 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Point Way NE., Seattle, WA 98115, 

Phone: 206 526–6142, Fax: 206 526– 

6736, Email: frank.lockhart@noaa.gov. 

RIN: 0648–BC01 

182. Framework Adjustment 5 to the 

Atlantic Mackerel, Squid, and 

Butterfish Fishery Management Plan 

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

Abstract: This action will expand the 

list of marine surveyors allowed to 

complete a fish hold volume 

certification for vessels issued a Tier 1 

or Tier 2 limited access mackerel 

permit. Currently only individuals 

credentialed as marine surveyors by the 

Society of Marine Surveyors (SAMS) or 

the National Association of Marine 

Surveyors (NAMS) are allowed to 

complete fish hold measurements for 

such vessels. 

Timetable: 

Action Date FR Cite 

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

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Daniel Morris, 

Acting Northeast Regional 

Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Drive, Gloucester, MA 01930, 

Phone: 978 281–9311, Email: 

daniel.morris@noaa.gov. 

RIN: 0648–BC08 

183. Generic Amendment to Several 

Fishery Management Plans in the Gulf 

of Mexico and South Atlantic Regions 

To Modify Federally-Permitted Seafood 

Dealer Reporting Requirements 

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

Abstract: The purpose of this generic 

amendment is to change the current 

reporting requirements for those 

individuals or organizations that 

purchase species contained in fishery 

management plans managed by the Gulf 

of Mexico and South Atlantic Fishery 

Management Councils. Changes are 

proposed to the method/frequency of 

dealer reporting and the species that 

must be reported. To ensure landings of 

managed fish stocks are below annual 

catch limits, improvements are needed 

to the accuracy, completeness, 

consistency, and timeliness of data 

submitted by federally-permitted 

seafood dealers. This action will aid in 

achieving the optimum yield from each 

fishery while reducing (1) undue 

socioeconomic harm to dealers and 

fishermen and (2) administrative 

burdens to fishery agencies. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC12 

184. • Amendment 4 to the Fishery 

Management Plan for the Reef Fish 

Fishery of Puerto Rico and the U.S. 

Virgin Islands: Parrotfish Size Limits 

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

Abstract: At the December 2011 

Council meeting, the Caribbean Fishery 

Management Council decided to amend 

the Fishery Management Plan for the 

Reef Fish Fishery of Puerto Rico and the 

U.S. Virgin Islands to address size limits 

for parrotfish. These proposed 

regulations would allow juvenile 

parrotfish to mature into reproductively 

active females, and have a chance to 

spawn prior to harvest. Reproductively 

active females are a necessary 

component of a healthy, sustainable 

population. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC20 

185. • Comprehensive Ecosystem Based 

Amendment 3 

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

Abstract: Actions in Comprehensive 

Ecosystem-Based Amendment 3 (CE–BA 

3) address improvements in data 

collection methods in the South 

Atlantic. Measures include 

improvements in data collection 

methods in commercial, for-hire, and 

recreational fisheries. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC22 

186. • Amendment 42 to the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner 

Crabs 

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

seq.; Pub. L. 109–241; Pub. L. 109–479 

Abstract: NMFS proposes regulations 

to implement Amendment 42 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (FMP). Amendment 42 revises the 

economic data reports (EDR) for catcher 

vessels, catcher/processors, shoreside 

processors, and stationary floating 

processors that are submitted annually 

by participants in the Bering Sea and 

Aleutian Islands Crab Rationalization 

Program (CR Program). These revisions 

are proposed through a general 

description in regulation of the 

collection of data, and a detailed 

description for data collected for 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act (PRA). This action is 

necessary to prevent redundancy, 

increase consistent reporting across 

respondents, and reduce excessive costs 

associated with the data collection. This 

proposed action is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the FMP. 

Timetable: 

Action Date FR Cite 

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

Final Action ......... 05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BC25 

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187. • Framework Adjustment to the 

Northeast Multispecies Fishery 

Management Plan for 2013–2014 

Annual Catch Limits (ACLS) and Other 

Management Measures 

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

Abstract: This framework adjustment 

to the Northeast Multispecies Fishery 

Management Plan, likely to be 

enumerated Framework Adjustment 48, 

would set specifications (i.e., catch 

allowances and management measures 

designed to ensure those allowances are 

not exceeded) for fishing year (FY) 2013, 

2014, and possibly 2015. This action 

would also adopt total allowable catches 

(TACs) for the U.S./Canada Management 

Area, consisting with the U.S./Canada 

Resource Sharing Understanding. In 

addition, the framework adjustment 

may revise the status determination 

criteria for the Gulf of Maine and 

Georges bank cod stocks and white 

hake. The action will likely include 

comprehensive modifications to the 

operations of sectors in the Northeast, 

designed to improve efficiency, 

monitoring, and catch accounting. The 

New England Fishery Management 

Council is expected to take final action 

on the measures to be included in the 

action in November 2012. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Ruccio, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9104, Email: 

michael.ruccio@noaa.gov. 

RIN: 0648–BC27 

188. • Amendment 43 to the FMP for 

BSAI King and Tanner Crabs and 

Amendment 103 to the FMP for 

Groundfish of the BSAI 

Legal Authority: 16 U.S.C. 1801 

Abstract: Amendment 43 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs revises the current rebuilding 

plan for Pribilof Islands blue king crab 

(PIBKC) and Amendment 103 to the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

would implement groundfish fishing 

restrictions. A no-trawl Pribilof Islands 

Habitat Conservation Zone (PIHCZ) was 

established in 1995 and the directed 

fishery for PIBKC has been closed since 

1999. A rebuilding plan was 

implemented in 2003; however, PIBKC 

remains overfished and the current 

rebuilding plan has not achieved 

adequate progress toward rebuilding the 

stock by 2014. The proposed rule would 

close the PIHCZ to all Pacific cod pot 

fishing in addition to the current trawl 

prohibition. This measure would help 

support PIBKC rebuilding and prevent 

exceeding the overfishing limit of 

PIBKC by minimizing to the extent 

practical PIBKC bycatch in the 

groundfish fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BC34 

189. • Amendment 38 to the Fishery 

Management Plan for Reef Fish 

Resources in the Gulf of Mexico 

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

Abstract: Amendment 38 consists of 

two management actions. The first 

action would revise post-season 

accountability measures for shallowwater grouper species. Currently, the 

accountability measures include inseason closures, post-season 

adjustments to the length of the 

recreational fishing season, and overage 

adjustments for overfished grouper 

stocks. This action modifies the specific 

post-season accountability measure that 

reduces the length of the recreational 

season for all shallow-water grouper in 

the year following a year in which the 

annual catch limit (ACL) for gag or red 

grouper is exceeded. The modified 

accountability measure would reduce 

the recreational season only for the 

species that exceeded its ACL. The 

second action would modify the reef 

fish framework procedure. The addition 

of accountability measures to the list of 

items that can be changed through the 

standard framework procedure would 

allow for faster implementation of 

measures designed to maintain harvest 

at or below the ACL. Additionally, more 

general language would be added to the 

framework to accommodate future 

changes in naming of the Councils 

advisory committees and panels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC37 

190. • Amendment 4 to the U.S. 

Caribbean Coral FMP: Seagrass 

Management 

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

Abstract: NOAA Fisheries and the 

Caribbean Fishery Management Council 

propose Amendment 4 to address the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

requirement to establish annual catch 

limits (ACLs) and accountability 

measures (AMs) for seagrass species in 

the Corals and Reef Associated Plants 

and Invertebrates Fishery Management 

Plan (Coral FMP). ACLs and AMs were 

not established for seagrass in the 2011 

Comprehensive Annual Catch Limit 

Amendment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC38 

191. • Amendment 95 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska 

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

Abstract: This action implements 

Amendment 95 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP). This action 

modifies halibut prohibited species 

catch (PSC) management in the Gulf of 

Alaska (GOA) to (1) Establish the GOA 

halibut PSC limits in federal regulation; 

(2) reduce the GOA halibut PSC limits 

for the trawl, hook and line catcher/ 

processor and catcher vessel sectors, 

and the hook and line demersal shelf 

rockfish fishery in the Southeast 

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1546 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Outside District; and (3) allow two 

additional options for vessels to better 

maintain groundfish harvest while 

achieving the halibut PSC reduction of 

this action. This action is necessary to 

reduce halibut bycatch in the GOA. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable law. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BC39 

192. • 2013 Atlantic Mackerel, Squid, 

and Butterfish Fishery Specifications 

and Management Measures 

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

Abstract: These specifications are for 

the 2013 fishing year for Atlantic 

mackerel, squid, and butterfish (MSB). 

Regulations governing these fisheries 

require NMFS to publish 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 .................. 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Lindsey Feldman, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 675–2179. 

RIN: 0648–BC40 

193. • Management Measures for 

Pacific Bluefin Tuna in the Eastern 

Pacific Ocean 

Legal Authority: 16 U.S.C. 951–961 et 

seq. 

Abstract: At its annual meeting, the 

Inter-American Tropical Tuna 

Commission (IATTC) adopted 

Resolution C–12–09, Conservation and 

Management Measure for Bluefin Tuna 

in the Eastern Pacific Ocean. This rule 

will implement that resolution for U.S. 

commercial fishing in the Eastern 

Pacific Ocean for 2012 and 2013 by 

preventing further commercial retention 

of bluefin tuna after (1) the commercial 

catches of bluefin tuna by the 

international fleet reaches 10,000 metric 

tons; (2) the commercial catch of bluefin 

tuna by the international fleet reaches 

5,600 metric tons during the year 2012. 

Notwithstanding these restrictions, the 

United States commercial fishery may 

take a catch of up to 500 metric tons of 

pacific bluefin tuna in 2012 and 2013. 

The pacific bluefin commercial catch 

limitations are not expected to result in 

a closure of the United States fishery 

because catches from recent years have 

not reached the 500 metric ton limit. 

The last time the United States 

exceeded 500 metric tons was in 1998. 

Timetable: 

Action Date FR Cite 

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

Final Action ......... 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mark Helvey, 

Assistant Regional Administrator for 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802, Phone: 562 980–4040, Fax: 562 

980–4047, Email: 

mark.helvey@noaa.gov. 

RIN: 0648–BC44 

194. • Proposed Rule; Regulatory 

Amendment To Implement an 

Exempted Fishery for the Spiny Dogfish 

Fishery Off Cape Cod, MA 

Legal Authority: sec 303(b)(6) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Abstract: NMFS proposes to modify 

the regulations implementing the 

Northeast (NE) Multispecies Fishery 

Management Plan (FMP) to allow 

vessels to fish with gillnet and longline 

gear from June through December and 

with handline gear from June through 

August in a portion of inshore Georges 

Bank (GB) each year, outside of the 

requirements of the NE multispecies 

fishery. This action would allow vessels 

to harvest spiny dogfish and other nongroundfish species in a manner that is 

consistent with the bycatch reduction 

objectives of the FMP. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Travis Ford, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9233. 

RIN: 0648–BC50 

195. • Framework Action To Set the 

Annual Catch Limit and Optionally the 

Annual Catch Target for the Gulf of 

Mexico Vermilion Snapper Stock 

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

Abstract: The current vermilion 

snapper annual catch limit (ACL) is 3.42 

million pounds (mp). A 2011 stock 

assessment indicates vermilion snapper 

are not overfished or undergoing 

overfishing. Based on the assessment, 

the Gulf of Mexico Fishery Management 

Council’s (Council) Scientific and 

Statistical Committee (SSC) has 

recommended an acceptable biological 

catch level much higher than the 

current ACL (> 1 mp). This framework 

action evaluates different options for 

setting the ACL and (optionally) an 

annual catch target consistent with the 

SSC’s recommendation while 

minimizing the risk of overfishing. The 

Council has requested a subsequent 

emergency rule that will increase the 

2012 ACL to avoid a closure of the 

vermilion snapper component of the 

Gulf of Mexico reef fish fishery. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC51 

196. • Amendment 9 to the Fishery 

Management Plan for the Shrimp 

Fishery of the South Atlantic Region 

Legal Authority: Magnuson Stevens 

Act 

Abstract: Shrimp Amendment 9 

would streamline the process by which 

States request concurrent closures of 

Federal waters to protect overwintering 

shrimp species. The amendment would 

also update the Bmsy proxy for pink 

shrimp. 

Timetable: 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1547 

Action Date FR Cite 

Proposed Rule .... 12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 3370, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC58 

197. • Regulatory Amendment 15 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (Section 610 Review) 

Legal Authority: 16 U.S.C. 1801 

Abstract: The regulatory amendment 

contains the following two actions: (1) 

Modify the current yellowtail snapper 

ABCs and ACLs according to a new 

stock assessment. In addition, consider 

changes to the January 1 commercial 

start date and consider establishing a 

commercial spawning season closure in 

order to promote beneficial biological 

effects to the yellowtail snapper 

population by protecting fish during 

spawning periods. Actions are intended 

to also promote beneficial 

socioeconomic effects to fishermen and 

fishing communities that utilize the 

yellowtail portion of the snapper 

grouper fishery by increasing the 

probability of a year-round fishery and 

minimizing the probability of closures 

during peak harvest times. (2) Modify 

the existing commercial AM for gag 

grouper in order to reduce adverse 

socioeconomic effects to fishermen and 

fishing communities that utilize the 

shallow water grouper portion of the 

snapper grouper fishery. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC60 

198. • Framework Action To Set the 

2013 Gag Recreational Fishing Season 

& Bag Limit & Modify the February– 

March Shallow-Water Grouper Closed 

Season 

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

Abstract: Gulf of Mexico gag is 

overfished and the stock currently in a 

rebuilding plan. The rebuilding plan is 

scheduled to increase the recreational 

annual catch target from 1.031 to 1.287 

million pounds in 2013. The current 

recreational gag season is July 1 to 

October 31 and was designed to limit 

the harvest to the 2012 recreational 

annual catch target of 1.031 million 

pounds while providing the longest 

possible recreational season. One 

purpose of this framework action is to 

establish a 2013 gag recreational fishing 

season consistent with 1.287 million 

pound annual catch target, but to 

modify the season opening to provide 

greater socioeconomic benefits to the 

recreational community. Moving the 

season to a time when there is greater 

fishing effort will reduce the number of 

days available to fish. To counteract 

this, this framework action also 

considers setting a one fish bag limit for 

gag rather than 2 fish. The current 

recreational shallow-water grouper 

closed season of February 1 through 

March 31 was developed partly to 

protect gag spawning aggregations. 

However, because a separate 

recreational gag season has been 

developed as part of the gag rebuilding 

plan and other shallow-water grouper 

stocks are considered healthy, the utility 

of the shallow-water grouper closure has 

been questioned. Therefore, a second 

purpose of this framework action is to 

evaluate the shallow-water grouper 

recreational closure to see if it should be 

modified or eliminated. The underlying 

need for this action is established by the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

which requires NOAA Fisheries Service 

and regional fishery management 

councils to prevent overfishing, and 

achieve, on a continuing basis, the 

optimum yield from federally managed 

fish stocks. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC64 

199. Marine Mammal Protection Act 

Permit Regulation Revisions 

Legal Authority: 16 U.S.C. 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 .................. 05/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–AV82 

200. Reduce Sea Turtle Bycatch in 

Atlantic Trawl Fisheries 

Legal Authority: 16 U.S.C. 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 

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1548 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

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 .................. 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–AY61 

201. Reduce the Threat of Ship 

Collisions With North Atlantic Right 

Whales 

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

seq.; 16 U.S.C. 1531 et seq. 

Abstract: NMFS may renew a 

requirement currently contained in 

vessel speed restrictions designed to 

reduce the likelihood of vessel 

collisions with North Atlantic right 

whales. The regulations require speed 

restrictions of no more than 10 knots 

applying to all vessels 65 ft (19.8 m) or 

greater in overall length in certain 

locations and at certain times of the year 

along the east coast of the U.S. Atlantic 

seaboard. The rule is currently set to 

expire December 9, 2013. NMFS seeks 

public comment on the proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: helen.golde@noaa.

gov. 

RIN: 0648–BB20 

202. Endangered and Threatened 

Species: Designation of Critical Habitat 

for Threatened Lower Columbia River 

Coho Salmon and Puget Sound 

Steelhead 

Legal Authority: 16 U.S.C. 1531–1544 

Abstract: We, the National Marine 

Fisheries Service, are proposing critical 

habitat designations for lower Columbia 

River coho salmon and Puget Sound 

steelhead, currently listed as threatened 

species under the Endangered Species 

Act. The areas under consideration 

include watersheds in the lower 

Columbia River basin in southwest 

Washington and northwest Oregon, as 

well as watersheds in Puget Sound and 

the Strait of Juan de Fuca in 

Washington. This rulemaking identifies 

the areas proposed for designation and 

solicits comments regarding them as 

well as the supporting economic, 

biological, and policy analyses. 

Timetable: 

Action Date FR Cite 

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

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–BB30 

203. Amendment and Updates to the 

Bottlenose Dolphin Take Reduction 

Plan 

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

seq.; 16 U.S.C. 1531 et seq. 

Abstract: Serious injury and mortality 

of the Western North Atlantic bottlenose 

dolphin stocks incidental to Category I 

and II fisheries continue at levels 

potentially exceeding Potential 

Biological Removal (PBR) levels, 

requiring additional management 

measures under the Bottlenose Dolphin 

Take Reduction Plan (BDTRP). This 

action amends the BDTRP to reduce 

serious injury and mortality of 

bottlenose dolphins in the Virginia 

pound net fishery (Category II). The 

need for the action is to ensure the 

BDTRP meets its MMPA mandated 

short- and long-term goals. NMFS 

examined a number of management 

measures, including consensus 

recommendations from the Bottlenose 

Dolphin Take Reduction Team, 

designed to reduce the incidental 

mortality or serious injury of bottlenose 

dolphins taken in the Virginia pound 

net fishery to below PBR. 

Timetable: 

Action Date FR Cite 

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

Final Action ......... 04/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Melissa Andersen, 

Fishery Biologist, Management, 

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: 

melissa.andersen@noaa.gov. 

RIN: 0648–BB37 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Fisheries Service 

204. Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) 

Environmental Review Procedure 

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

Abstract: Section 107 of the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) (Pub. 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 timelines for review and approval of 

fishery management plans and plan 

amendments. They must also integrate 

applicable environmental analytical 

procedures, including the timeframes 

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 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1549 

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 revises and 

updates 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 ......... 04/00/13 

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 

205. Addendum IV to the Weakfish 

Interstate Management Plan—Bycatch 

Trip Limit 

Legal Authority: 16 U.S.C. 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 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 

Comment Period 

End.

06/30/10 

Final Action ......... 01/00/13 

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 EastWest Highway, Silver Spring, MD 20910 

Phone: 301 713–2334, Fax: 301 713– 

0596, Email: 

alan.risenhoover@noaa.gov. 

RIN: 0648–AY41 

206. Atlantic Highly Migratory Species; 

Vessel Monitoring Systems 

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

seq.; 16 U.S.C. 971 et seq. 

Abstract: The National Marine 

Fisheries Service (NMFS) will require 

replacement of currently required 

Mobile Transmitting Unit (MTU) VMS 

units with Enhanced Mobile 

Transmitting Unit (E–MTU) VMS units 

in Atlantic Highly Migratory Species 

(HMS) fisheries, implement a 

declaration system that requires vessels 

to declare target fishery and gear type(s) 

possessed on board, and require that a 

qualified marine electrician install all 

E–MTU VMS units. This rulemaking 

removes dated MTU VMS units from 

service in Atlantic HMS fisheries, makes 

Atlantic HMS VMS requirements 

consistent with other VMS monitored 

Atlantic fisheries, provides the National 

Oceanic and Atmospheric 

Administration Office of Law 

Enforcement (NMFS) with enhanced 

communication with HMS vessels at 

sea, and could increase the level of 

safety at sea for HMS fishery 

participants. This rule affects all HMS 

pelagic longline (PLL), bottom longline 

(BLL), and shark gillnet fishermen who 

are currently required to have VMS 

onboard their vessels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/21/11 76 FR 36071 

NPRM Correction 06/29/11 76 FR 38107 

Notice of Additional Public 

Meetings.

07/01/11 76 FR 38598 

NPRM Comment 

Period End.

08/01/11 

Final Rule ............ 12/02/11 76 FR 75492 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, 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.schulzehaugen@noaa.gov. 

RIN: 0648–BA64 

207. Atlantic Highly Migratory Species 

Electronic Dealer Reporting 

Requirements 

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

Abstract: This rulemaking requires all 

federally-permitted Atlantic Highly 

Migratory Species (HMS) dealers to 

report commercially-caught HMS (i.e., 

Atlantic sharks, tunas, and swordfish) to 

the National Marine Fisheries Service 

(NMFS) through an electronic reporting 

system. In addition, this rulemaking 

clarifies that a dealer is only authorized 

to buy commercially-caught HMS if the 

dealer reports have been submitted to 

NMFS in a timely manner. Any 

delinquent reports need to be submitted 

and accepted before a dealer can buy 

commercially-caught HMS. Finally, this 

rulemaking requires that all 

commercially harvested HMS caught by 

federally-permitted fishermen be 

offloaded to federally-permitted and 

certified HMS dealers, who must report 

the associated catch to NMFS. These 

measures are necessary to ensure timely 

and accurate reporting, which is critical 

for quota monitoring and management 

of HMS. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/28/11 76 FR 37750 

NPRM Comment 

Period End.

08/12/11 

Final Rule ............ 08/08/12 77 FR 47303 

Correction ............ 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, 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.schulzehaugen@noaa.gov. 

RIN: 0648–BA75 

208. To Establish a Voluntary Fishing 

Capacity Reduction Program in the 

Longline Catcher Processor Subsector 

of the Bering Sea and Aleutian Islands 

Management Area Non-Pollock 

Groundfish Fishery 

Legal Authority: 16 U.S.C. 1279; 46 

U.S.C. 1279; Pub. L. 108–199; Pub. L. 

108–447 

Abstract: This action establishes a 

second fishing capacity reduction 

program in the longline catcher 

processor subsector of the Bering Sea/ 

Aleutian Islands non-pollock groundfish 

fishery. The maximum reduction cost is 

$2,700,000, funded by a loan to be 

repaid by landing fees for those 

participants remaining in the fishery. 

The program makes payments for 

relinquishing all Federal fishing 

licenses and permits. Participating 

fishing vessels can never again fish 

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1550 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

anywhere in the world and must remain 

U.S. flagged. Reducing capacity will 

increase post-reduction harvesters’ 

productivity, financially stabilize the 

fishery, and help conserve and manage 

non-pollock groundfish. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/30/12 77 FR 44572 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gary C. Reisner, 

Director, Office of Management and 

Budget, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2259, Fax: 301 713– 

1464, Email: gary.reisner@noaa.gov. 

RIN: 0648–BB06 

209. Framework Adjustment 47 to the 

Northeast Multispecies Fishery 

Management Plan 

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

Abstract: Framework Adjustment 47 

to the Northeast Multispecies Fishery 

Management Plan (FW 47) would set 

specifications for fishing years (FY) 

2012 through 2014. FY 2012 

specifications for 12 stocks last assessed 

in 2008 would be those previously 

specified in FW 44 and FW 45. No 

specifications for these stocks would be 

made for FY 2013–FY 2014. For stocks 

recently assessed, or assessed with an 

index-based assessment, specifications 

would be set for FY 2012–FY 2014. FW 

47 would also adopt total allowable 

catches (TACs) for the U.S./Canada 

Management Area, consistent with the 

U.S./Canada Resource Sharing 

Understanding. In addition, FW 47 

would revise the status determination 

criteria for the three winter flounder 

stocks and Gulf of Maine cod. FW 47 

would also modify management 

measures for Southern New England/ 

Mid-Atlantic winter flounder as well as 

modify accountability measures for five 

stocks. FW 47 would modify restrictions 

on yellowtail flounder catch by the 

scallop fishery in the Georges Bank (GB) 

access areas, modify the administration 

of the scallop fishery yellowtail 

flounder catch limits, and create a 

mechanism to re-estimate the expected 

GB yellowtail flounder catch by scallop 

vessels mid fishing year. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 03/27/12 77 FR 18176 

Final Action ......... 05/02/12 77 FR 26104 

Interim Final Rule 06/25/12 77 FR 37816 

Action Date FR Cite 

Final Action ......... 01/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Daniel Morris, 

Acting Northeast Regional 

Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Drive, Gloucester, MA 01930, 

Phone: 978 281–9311, Email: 

daniel.morris@noaa.gov. 

RIN: 0648–BB62 

210. Gulf of Mexico Reef Fish 

Amendment 34: Commercial Reef Fish 

Permit Requirements and Crew Size on 

Dual-Permitted Vessels 

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

Abstract: The purpose for this 

amendment is to modify or eliminate 

income qualification requirements for 

the renewal of commercial permits and 

to address maximum crew size 

regulations for dual-permitted vessels 

when fishing commercially in order to 

consider the safety issues associated 

with spearfishing under the maximum 

crew size rule. The need for this 

amendment is derived from National 

Standards 8 and 10. Standard 8 states 

that, ‘‘Conservation and management 

measures shall, consistent with the 

conservation requirements of the 

Magnuson-Stevens Act (including the 

prevention of overfishing and rebuilding 

of overfished stocks), take into account 

the importance of fishery resources to 

fishing communities in order to: (1) 

Provide for the sustained participation 

of such communities.’’ Standard 10 

states that, ‘‘Conservation and 

management measures shall, to the 

extent practicable, promote the safety of 

human life at sea. Fishing is an 

inherently dangerous occupation where 

not all hazardous situations can be 

foreseen or avoided. The standard 

directs Councils to reduce that risk in 

crafting their management measures, so 

long as they can meet the other national 

standards and the legal and practical 

requirements of conservation and 

management.’’ 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/10/12 77 FR 40561 

NPRM .................. 07/18/12 77 FR 42251 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB72 

211. 2012 Gulf of Mexico Gray 

Triggerfish Annual Catch Limits and 

Annual Catch Targets for the 

Commercial and Recreational Sectors; 

and In-Season Accountability Measures 

for the Recreational Sector 

Legal Authority: 16 U.S.C. 1801 

Abstract: At their February 2012 

meeting, the Gulf of Mexico Fishery 

Management Council (Council) 

requested NOAA Fisheries Service 

implement an interim rule under 

procedures of the Magnuson-Stevens 

Act. The Gulf of Mexico gray triggerfish 

stock was determined to be overfished 

and undergoing overfishing based on 

the results of the 2011 update stock 

assessment. In addition, the assessment 

indicated the stock was not recovering 

at a level consistent with the stock 

rebuilding plan. The Council is 

currently developing Amendment 37 to 

the Fishery Management Plan for the 

Reef Fish Resources of the Gulf of 

Mexico to address these issues. 

However, management measures 

proposed in this amendment will not be 

ready for implementation in the near 

future. The interim rule sets the 

commercial and recreational annual 

catch limits and annual catch targets to 

reduce overfishing and would establish 

an in-season accountability measure to 

close the recreational sector when the 

annual catch target is projected to be 

caught. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 05/14/12 77 FR 28308 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB90 

212. Amendment 35 to the Reef Fish 

Fishery Management Plan Addressing 

Changes to the Greater Amberjack 

Rebuilding Plan and Adjustments to the 

Stock Annual Catch Limit in the Gulf 

of Mexico 

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

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1551 

Abstract: The purpose of this 

amendment is to adjust the greater 

amberjack rebuilding plan in response 

to results from the 2011 Update 

Assessment and subsequent Scientific 

and Statistical Committee review and 

recommendations for acceptable 

biological catch (ABC). Following 

review of the 2011 Update Assessment 

the Scientific and Statistical Committee 

recommended an ABC of 1,780,000 

pounds whole weight (ww). The need 

for this amendment is that the current 

Stock ACL (equivalent to the total 

allowable catch (TAC)) of 1,871,000 

pounds ww established in Amendment 

30A exceeds the ABC recommendation. 

Further rationale for the need of this 

amendment is based on a section 

600.310(g)(3) of the National Standard 1 

annual catch limit (ACL) and 

accountability measure (AM) guidelines 

(NS1) which states, ‘‘If catch exceeds 

the ACL for a given stock or stock 

complex more than once in the last four 

years, the system of ACLs and AMs 

should be re-evaluated, and modified if 

necessary, to improve its performance 

and effectiveness.’’ The greater 

amberjack Stock ACL has been exceeded 

twice in the last three years; therefore, 

this document includes a range of draft 

alternatives for adjusting the Stock ACL 

(equivalent to TAC), as well as 

subsequent recreational and commercial 

management measures to improve 

effectiveness of the Stock ACL and 

benefits to the greater amberjack stock 

in the Gulf of Mexico. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/03/12 77 FR 39460 

NPRM .................. 07/19/12 77 FR 42476 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB97 

213. Framework Adjustment 6 to the 

Atlantic Mackerel, Squid and Butterfish 

Fishery Management Plan 

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

Abstract: This framework adjustment 

clarifies the Mid-Atlantic Fishery 

Management Councils (Council) risk 

policy, which is used by the Scientific 

and Statistical Committee (SSC) in 

conjunction with acceptable biological 

catch (ABC) control rules. The risk 

policy ensures that the Council’s 

preferred tolerance for risk of 

overfishing (40 percent or lower) is 

addressed in the ABC development and 

recommendation process. The 

regulations that implement the 

Council’s risk policy went into effect on 

October 31, 2011, as part of the 

Council’s Omnibus Amendment to 

implement annual catch limits and 

accountability measures. One 

component of the risk policy states that, 

‘‘If an overfishing limit (OFL) cannot be 

determined from the stock assessment, 

or if a proxy is not provided by the SSC 

during the ABC recommendation 

process, ABC levels may not be 

increased until such time that an OFL 

has been identified.’’ This was designed 

to prevent catch levels from being 

increased when there are no criteria 

available to determine if overfishing 

will occur in the upcoming fishing year. 

Following one of the first applications 

of the risk policy for the 2012 fishing 

year (2012 butterfish specifications), the 

Council found that there are limited 

circumstances in which the SSC may 

have the scientific justification for 

recommending that the ABC be 

increased for stocks without an OFL 

without resulting in an unacceptably 

high risk of overfishing. This framework 

alters the risk policy by outlining the 

specific circumstances under which the 

SSC may recommend an ABC increase 

in the absence of an OFL. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/28/12 77 FR 38566 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Aja Szumylo, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9195, Email: 

aja.szumylo@noaa.gov. 

RIN: 0648–BB99 

214. • Georges Bank Yellowtail 

Flounder Emergency Action To Provide 

a Partial Exemption From 

Accountability Measures to the Atlantic 

Scallop Fishery 

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

Abstract: This action, requested by 

the New England Fishery Management 

Council, exempts the Atlantic sea 

scallop fishery from any accountability 

measure specified by the fishery 

management plan for catch of Georges 

Bank yellowtail flounder exceeding the 

revised sub-annual catch limit (ACL) of 

156.9 mt up to the initial sub-ACL level 

of 307.5 mt. The emergency rule is 

needed to respond to an unanticipated 

situation. The scallop Georges Bank 

yellowtail flounder sub-ACL was 

adjusted downward based on a 

projection of catch which indicated the 

scallop fleet would take much less than 

307.5 mt. This revision process is 

outlined in regulation and may be 

performed at any time in the fishing 

year; however, such an adjustment is 

typically contemplated late in the 

fishing year when a large amount of 

yellowtail flounder catch in the scallop 

fishery data is available. The revision 

occurred earlier in the fishing year than 

anticipated by the scallop fleet in an 

effort to provide an immediate, greater 

harvest opportunity to the groundfish 

fishery. This revision modified the 

scallop sub-ACL by 49 percent and as a 

result, scallop fishing practices may 

require substantive change to ensure the 

sub-ACL is not exceeded. If 

accountability is maintained at the 

adjusted, lower sub-ACL there is a 

higher likelihood that a Georges Bank 

yellowtail flounder overage by the 

scallop fleet could occur resulting in 

accountability measures with 

substantial implications for the 

upcoming 2013 scallop fishing year. By 

exempting the scallop fleet from 

accountability measures at the lower, 

revised 156.9 mt sub-ACL but 

maintaining accountability at the 307.5 

mt level initially set for the fishing year, 

there remains a need for the scallop fleet 

to mitigate yellowtail flounder catch but 

to do so within the context of the initial 

level established for the fishing year. 

There is also accountability at the 

fishery level that remains unchanged by 

this action. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/01/12 77 FR 59883 

NPRM Comment 

Period End.

10/31/12 

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Ruccio, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9104, Email: 

michael.ruccio@noaa.gov. 

RIN: 0648–BC33 

215. • Interim Final Rule for 2012 

Butterfish Specifications 

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

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1552 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Abstract: The Mid-Atlantic Fishery 

Management Council (Council) met on 

September 14, 2012, in response to 

public comments that the current 2012 

acceptable biological catch (ABC) for 

butterfish (3,622 mt) is too conservative, 

and that the butterfish mortality cap on 

the longfin squid fishery derived from 

this ABC may close the longfin squid 

fishery. There has been anecdotal 

evidence of unusually high longfin 

squid abundance this fishing year, and 

the Council is concerned that closing 

the longfin squid fishery early would 

result in economic harm due to forgone 

harvest. The Council requested that its 

Scientific and Statistical Committee 

(SSC) reconsider its 2012 butterfish ABC 

recommendation in light of its higher 

(8,400 mt) butterfish ABC 

recommendation for 2013. The SSC 

revised their 2012 butterfish ABC 

recommendation to 4,200 mt and noted 

that the additional mortality at the end 

of the 2012 fishing year should not 

result in overfishing of the butterfish 

resource. Accordingly, the Council 

recommended an increase of the 

butterfish ABC to 4,200 mt for the 

remainder of the 2012 fishing year, a 

decrease of the butterfish quota to 872 

mt, and an increase of the butterfish 

mortality cap to 3,165 mt. NMFS will 

implement this action through an 

interim final rule, with publication as 

soon as possible. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Aja Szumylo, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9195, Email: 

aja.szumylo@noaa.gov. 

RIN: 0648–BC57 

216. • Emergency Rule for a 

Temporary Action To Adjust the 

Commercial ACL for Yellowtail 

Snapper in the South Atlantic SnapperGrouper Fishery 

Legal Authority: Magnuson Stevens 

Act 

Abstract: This temporary rule for an 

emergency action would adjust the 

commercial ACL for yellowtail snapper 

according to a new stock assessment 

recently completed by the State of 

Florida. This rule would allow snappergrouper fishermen in the South Atlantic 

to continue to harvest yellowtail 

snapper until the new ACL has been 

met. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC59 

217. • Emergency Rule To Set the 2012 

Annual Catch Limit for the Gulf of 

Mexico Vermilion Snapper Stock 

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

Abstract: The current vermilion 

snapper annual catch limit (ACL) is 3.42 

million pounds (mp). A 2011 stock 

assessment indicates vermilion snapper 

are not overfished or undergoing 

overfishing. Based on the assessment, 

the Gulf of Mexico Fishery Management 

Council’s (Council) Scientific and 

Statistical Committee (SSC) has 

recommended an acceptable biological 

catch level much higher than the 

current ACL (> 1 mp). The Gulf of 

Mexico Fishery Management Council 

(Council) requested NOAA Fisheries 

Service to promulgate an emergency 

rule to increase the vermilion snapper 

ACL. Landing projections for 2012 

indicate the current ACL may be caught 

before the end of the 2012 fishing year 

(December 31). If the ACL is met, 

accountability measures would close 

vermilion snapper fishing for the 

remainder of the 2012 fishing year. 

Therefore, the Council asked for an 

emergency rule to increase the ACL to 

4.19 mp. This new limit is consistent 

with the management advice from the 

Council’s SSC. 

Timetable: 

Action Date FR Cite 

Final Action— 

Emergency 

Rule.

12/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC65 

218. False Killer Whale Take Reduction 

Plan (Section 610 Review) 

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

Abstract: NMFS is undertaking 

rulemaking to implement a False Killer 

Whale Take Reduction Plan (FKWTRP). 

The FKWTRP is based on consensus 

recommendations submitted by the 

False Killer Whale Take Reduction 

Team (FKWTRT). This action is 

necessary because current serious injury 

and mortality rates of the Hawaii Pelagic 

stock of false killer whales incidental to 

the Category I Hawaii-based deep-set 

(tuna target) longline fishery and 

Category II Hawaii-based shallow-set 

(swordfish target) fishery are above the 

stock’s potential biological removal 

(PBR) level, and therefore inconsistent 

with the short-term goal of the Marine 

Mammal Protection Act (MMPA). 

Additionally, serious injury and 

mortality rates of the Hawaii Insular 

stock and Palmyra Atoll stocks of false 

killer whales incidental to the Hawaiibased deep-set longline fishery are 

above insignificant levels approaching a 

zero mortality and serious injury rate, 

and therefore inconsistent with the 

long-term goal of the MMPA. The 

FKWTRP is intended to meet the 

statutory mandates and requirements of 

the MMPA through both regulatory and 

non-regulatory measures, and research 

and data collection priorities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/18/11 76 FR 42082 

NPRM Comment 

Period Ends.

10/17/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–BA30 

219. Revision of Hawaiian Monk Seal 

Critical Habitat 

Legal Authority: 16 U.S.C. 1533 

Abstract: On July 9, 2008, NMFS 

received a petition from the Center for 

Biological Diversity, Kahea, and the 

Ocean Conservancy to revise the 

Hawaiian monk seal critical habitat 

designation by adding the following 

areas in the main Hawaiian Islands 

(MHI): key beach areas, sand spits and 

islets, including all beach crest 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1553 

vegetation to its deepest extent inland, 

lagoon waters, inner reef waters, and 

ocean waters out to a depth of 200 m. 

In addition, the Petitioners requested 

that designated critical habitat in the 

NWHI be extended to include Sand 

Island at Midway, as well as ocean 

waters out to a depth of 500 meters. On 

October 3, 2008, NMFS announced in 

the 90-day finding that the petition 

presented substantial scientific 

information indicating that a revision to 

the current critical habitat designation 

may be warranted. On June 12, 2009, in 

the 12-month finding, NMFS announced 

that a revision to critical habitat is 

warranted, on account of new 

information available regarding habitat 

use by the Hawaiian monk seal, and 

announced our intention to proceed 

towards a proposed rule. This rule 

describes the critical habitat 

designation, including supporting 

information on Hawaiian monk seal 

biology, distribution, and habitat use, 

and the methods used to develop the 

proposed revision to Hawaiian monk 

seal critical habitat. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/02/11 76 FR 32026 

Notice of Public 

Meetings.

07/14/11 76 FR 41446 

Other ................... 06/25/12 77 FR 37867 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dwayne Meadows, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8467, Email: 

dwayne.meadows@noaa.gov. 

RIN: 0648–BA81 

220. Mandatory Use of Turtle Excluder 

Devices (TEDs) in Skimmer Trawls, 

Pusher-Head Trawls, and Wing Nets 

(Butterfly Trawls) 

Legal Authority: 16 U.S.C. 1533 

Abstract: NMFS is proposing to 

withdraw the alternative tow time 

restriction at 50 CFR 

223.206(d)(2)(ii)(A)(3), and require all 

skimmer trawls, pusher-head trawls, 

and wing nets (butterfly trawls) rigged 

for fishing to use turtle excluder devices 

(TEDs) in their nets. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/10/12 77 FR 27411 

Proposed Rule 

Correction.

05/18/12 77 FR 29586 

Miami Public 

Hearing.

06/22/12 77 FR 37647 

Action Date FR Cite 

Port Orange Public Hearing.06/27/12 77 FR 38266 

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC10 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

221. Marine Mammal Protection Act 

Stranding Regulation Revisions 

Legal Authority: 16 U.S.C. 1379; 16 

U.S.C. 1382; 16 U.S.C. 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 ............... 01/31/08 73 FR 5786 

ANPRM Comment 

Period Extended.

03/28/08 73 FR 16617 

NPRM .................. 12/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, Phone: 

301 427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–AW22 

222. Amendment 6 to the Monkfish 

Fishery Management Plan 

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

Abstract: The purpose of Amendment 

6 to the Monkfish FMP is to consider 

developing a catch share management 

program for this fishery. This would 

very likely also involve the 

development of a referendum for such a 

program, as required under the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Prepare an EIS.

11/30/10 75 FR 74005 

NPRM .................. 01/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Phone: 978 281–9200, Fax: 978 281– 

9117, Email: pat.kurkul@noaa.gov. 

RIN: 0648–BA50 

223. • Development of Island-Specific 

Fishery Management Plans (FMPs) in 

the Caribbean: Transition From 

Species-Specific FMPs to IslandSpecific FMPs 

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

Abstract: NOAA Fisheries and the 

Caribbean Fishery Management Council 

will develop island-specific FMPs to 

account for differences among the U.S. 

Caribbean Islands of Puerto Rico and the 

U.S. Virgin Islands with respect to 

culture, markets, gear, and seafood 

preferences. The development of these 

customized FMPs will recognize the 

unique attributes of each of the U.S. 

Caribbean Islands. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC17 

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1554 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

224. Allowable Modifications to the 

Turtle Excluder Device Requirements 

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

Abstract: NMFS revises the Turtle 

Excluder Device (TED) requirements to 

allow new materials and modifications 

to existing approved TED designs. 

Specifically, 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 15⁄8 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 .................. 09/02/10 75 FR 53925 

NPRM Comment 

Period End.

10/18/10 

NPRM .................. 03/16/12 77 FR 15701 

Final Action ......... 05/21/12 77 FR 29905 

Final Action ......... 08/13/12 77 FR 48106 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–AW93 

225. 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 U.S.C. 1801 et 

seq.; 16 U.S.C. 773 

Abstract: This action amends existing 

commercial fishing regulations for the 

fixed-gear Pacific Halibut and sablefish 

individual fishing quota program at 50 

CFR 679. The amendment revokes 

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 will 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 

Final Action ......... 05/18/12 77 FR 29556 

Final Action Effective.06/18/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D. Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Room 420, 709 West 

Ninth Street, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, 

Email: robert.mecum@noaa.gov. 

RIN: 0648–AX91 

226. Generic Amendment for Annual 

Catch Limits 

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

Abstract: The generic amendment 

modifies 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 developed these 

Annual Catch Limits (ACLs) in cooperation with the Scientific and 

Statistical Committee and the Southeast 

Fisheries Science Center. NMFS, in 

collaboration with the Council, also 

developed 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 

Notice of Availability.09/26/11 76 FR 59373 

NPRM .................. 10/25/11 76 FR 66021 

Final Rule ............ 12/29/11 76 FR 82044 

Final Action— 

Final Rule Correction.

04/20/12 77 FR 23632 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY22 

227. Comprehensive Annual Catch 

Limits Amendment to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: This amendment establishes 

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. 

Actions include removal of species from 

the South Atlantic Snapper Grouper 

Fishery Management Unit; designating 

some Snapper Grouper species as 

ecosystem component species; 

considering multi-species groupings for 

specifying ACLs, ACTs, and AMs; 

specifying allocations among the 

commercial, recreational, and for-hire 

sectors for species not undergoing 

overfishing; and modifying management 

measures to limit total mortality to the 

ACL. 

Timetable: 

Action Date FR Cite 

Notice of Availability.10/20/11 76 FR 65153 

NPRM .................. 12/01/11 76 FR 74757 

Amended Proposed Rule.12/30/11 76 FR 82664 

Final Rule ............ 03/16/12 77 FR 15916 

Final Rule Effective.04/16/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY73 

228. Amendment 20A to the Snapper 

Grouper Fishery Management Plan of 

the South Atlantic Region 

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

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1555 

Abstract: Amendment 20A 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. The proposed 

actions would: (1) Define and revert 

inactive wreckfish shares; (2) 

redistribute reverted shares to active 

shareholders; (3) define a cap on the 

number of shares one entity may own; 

and (4) establish an appeals process for 

share redistribution. 

Timetable: 

Action Date FR Cite 

Notice of Availability.01/12/12 77 FR 1908 

NPRM .................. 03/30/12 77 FR 19165 

NPRM Comment 

Period End.

04/30/12 

Final Action ......... 09/26/12 77 FR 59129 

Final Action Effective.10/26/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY74 

229. Amendment 24 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of the 

amendment is to implement a 

rebuilding plan for red grouper in the 

South Atlantic that would specify 

annual catch targets and annual catch 

limits by sector. NMFS notified the 

Council of the stock status on June 9, 

2010; the Magnuson-Stevens Act 

specifies that measures must be 

implemented within two years of 

notification. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 01/03/11 76 FR 99 

Notice of Intent 

Comment Period End.

02/14/11 

NPRM .................. 03/30/12 77 FR 19169 

NPRM Comment 

Period End.

04/30/12 

Final Action ......... 06/11/12 77 FR 34254 

Final Action Effective.07/11/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BA52 

230. Regulatory Amendment 11 to the 

Fishery Management Plan for the 

Snapper Grouper Fishery of the South 

Atlantic Region 

Legal Authority: 16 U.S.C. 1801 

Abstract: The purpose of the 

amendment is to modify regulations 

pertaining to the deepwater species in 

order to reduce the socio-economic 

effects expected from the regulations in 

amendment 17B to the Snapper-Grouper 

FMP while maintaining or increasing 

the biological protection to speckled 

hind and warsaw grouper in the South 

Atlantic. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/20/11 76 FR 78879 

NPRM Comment 

Period End.

01/19/12 

Final Action ......... 05/10/12 77 FR 27374 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB10 

231. Amendment 93 To Implement 

Chinook Salmon Prohibited Species 

Catch Limits in the Gulf of Alaska 

Pollock Fishery 

Legal Authority: 118 Stat 110; 16 

U.S.C. 1801 et seq.; 16 U.S.C. 3631 et 

seq.; 16 U.S.C. 773 et seq.; Pub. L. 108– 

199 

Abstract: This action limits Chinook 

salmon prohibited species catch (PSC) 

and increases monitoring in the Gulf of 

Alaska (GOA) pollock fishery. A 25,000 

lb Chinook salmon PSC annual limit is 

apportioned between the GOA Central 

and Western Regulatory Areas, with a 

18,316 lb Chinook salmon PSC limit in 

the Central Regulatory Area and a 6,684 

lb Chinook salmon PSC limit in the 

Western Regulatory Area. If the PSC 

limit is reached in a regulatory area that 

pollock fishery would be close. To 

provide better information on the 

quantity and source of salmon 

incidentally caught in the pollock 

fishery, this action also would increases 

observer coverage on vessels less than 

sixty feet in length overall and require 

full of salmon. 

Timetable: 

Action Date FR Cite 

Notice of Availability.11/23/11 76 FR 72384 

NPRM .................. 12/14/11 76 FR 77757 

NPRM Comment 

Period End.

01/30/12 

Final Rule ............ 07/20/12 77 FR 42629 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BB24 

232. Implementation of Comprehensive 

Ecosystem Based Amendment 2 

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

Abstract: This Comprehensive 

Ecosystem-Based Amendment 2 

specifies the annual catch limit (ACL) 

for octocorals in the South Atlantic 

region. The South Atlantic Council is 

modifying the fishery management unit 

(FMU) for octocorals under the Fishery 

Management Plan for Coral, Coral Reefs, 

Live/Hardbottom Habitats of the South 

Atlantic Region (Coral FMP) to specify 

that octocorals are included in the 

exclusive economic zone off of North 

Carolina, South Carolina, and Georgia. 

As a result of reducing the management 

unit for octocorals, the South Atlantic 

Council is also considering an action to 

set the ACL at zero. CE–BA 2 amends 

the Snapper Grouper FMP and FMP for 

the Coastal Migratory Pelagic Resources 

in the Atlantic and Gulf of Mexico to 

require that harvest (with the use of all 

non-prohibited fishing gear) and 

possession of snapper grouper and 

coastal migratory pelagic managed 

species in South Carolina SMZs be 

limited to the recreational bag limit. An 

action to modify sea turtle and 

smalltooth sawfish release gear 

requirements for the snapper grouper 

fishery is also included in CE–BA 2. 

This action amends the Council FMPs 

as needed to designate new or modify 

existing EFH and EFH–HAPCs. 

Timetable: 

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1556 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Action Date FR Cite 

Notice of Availability.09/26/11 76 FR 59371 

NPRM .................. 11/08/11 76 FR 69230 

Final Rule ............ 12/30/11 76 FR 82183 

Final Rule Correction.01/30/12 77 FR 4495 

Final Action Effective.01/30/12 

Final Action; Correction.05/18/12 77 FR 29555 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB26 

233. Emergency Rule To Increase the 

2011 Catch Limits for the Northeast 

Skate Complex 

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

Abstract: The temporary emergency 

rule increases the skate complex 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

target (ACT), and annual total allowable 

landings (TALs) consistent with best 

available scientific information, and the 

procedures contained in the Northeast 

Skate Complex Fishery Management 

Plan. The Council requested the 

emergency action after receiving a new 

recommendation for ABC from the 

Scientific and Statistical Committee in 

June 2011. The action is needed to 

extend the fishing season for the 

directed skate fisheries, and help avoid 

the economic impacts of a potential 

fishery closure before the end of the 

fishing year. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/30/11 76 FR 53872 

NPRM Comment 

Period End.

09/14/11 

Temporary Rule .. 10/28/11 76 FR 66856 

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–BB32 

234. Rule To Delay the Effective Date of 

Atlantic Smoothhound Management 

Measures 

Legal Authority: 16 U.S.C. 1801 

Abstract: NMFS is delaying the 

effective date of smoothhound 

management measures implemented in 

the Final Rule for Amendment 3 to the 

2006 Consolidated Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP)(June 1, 2010). This action is 

necessary to ensure recent legislation, 

namely the 2010 Shark Conservation 

Act, is fully considered and to allow 

time for a section 7 consultation under 

the Endangered Species Act (ESA) to be 

completed. NMFS expects that the 

smoothhound management measures 

will become effective upon the effective 

date of the rule implementing the Shark 

Conservation Act smooth dogfish 

measures or following completion of the 

section 7 Biological Opinion, whichever 

is later. 

Timetable: 

Action Date FR Cite 

Final Action ......... 11/10/11 76 FR 70064 

Final Action Effective.12/12/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, 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.schulzehaugen@noaa.gov. 

RIN: 0648–BB43 

235. Amendment 11 to the Fishery 

Management Plan for Spiny Lobster in 

the Gulf of Mexico and South Atlantic 

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

Abstract: The Supplemental 

Environmental Impact Statement 

analyzes the impacts of a range of 

alternatives for two potential 

management actions for the spiny 

lobster fishery, including establishment 

of trap line marking requirements and 

closed areas to protect Acropora coral 

species. These actions were originally 

included in Amendment 10 to the FMP; 

however, the Councils chose to take no 

action at that time to allow for 

additional stakeholder input. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 09/19/11 76 FR 57957 

Notice of Availability.04/27/12 77 FR 25116 

NPRM .................. 05/15/12 77 FR 28560 

Action Date FR Cite 

Final Action ......... 07/27/12 77 FR 44168 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB44 

236. Framework Adjustment 23 to the 

Atlantic Sea Scallop Fishery 

Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: The purpose of Framework 

23 is to address four specific issues 

identified by the public and the Council 

to improve the overall effectiveness of 

the Scallop FMP. The need is to develop 

measures to minimize impacts on sea 

turtles through the requirement of a 

turtle deflector dredge; improve the 

effectiveness of the accountability 

measures adopted under Scallop 

Amendment 15 for the yellowtail 

flounder sub annual catch limit; 

consider specific changes to the general 

category Northern Gulf of Maine 

management program to address 

potential inconsistencies, and to 

consider modifications to the vessel 

monitoring system to improve fleet 

operations. 

Timetable: 

Action Date FR Cite 

Proposed Rule .... 01/03/12 77 FR 52 

Final Action ......... 04/06/12 77 FR 20728 

Final Action Effective.05/07/12 

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–BB51 

237. 2012 Pacific Halibut Fisheries; 

Catch Sharing Plan 

Legal Authority: 16 U.S.C. 773 et seq. 

Abstract: Each year, the Pacific 

Fishery Management Council (Council) 

reviews and receives public comment 

on its Pacific Halibut Catch Sharing 

Plan (Plan) to determine whether 

revisions are needed to achieve 

management objectives for any of the 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1557 

West Coast halibut fisheries. 

Washington treaty tribes that fish for 

halibut hold a directed commercial 

fishery and a ceremonial and 

subsistence fishery off the Washington 

coast. Non-treaty fishers operating off 

the coasts of Washington, Oregon, and 

California participate in one of three 

separate commercial fisheries, and/or in 

one or more of the six separate 

recreational fisheries for halibut. For 

2012 and beyond, the Council has 

recommended minor changes to the 

portion of the Plan covering the sport 

fisheries for the Washington South 

Coast Area, the Columbia River subarea 

and the Oregon Central Coast Subarea. 

The changes to Washington South coast 

subarea include a slight modification in 

the opening day, the changes to the 

Columbia River subarea include an 

adjustment to the state contributions to 

the subarea allocation, and finally the 

changes to the Oregon Central Coast 

subarea include revisions to the 

allocation to the nearshore portion of 

this subarea and an adjustment to how 

quota may be moved inseason between 

the spring, summer, and nearshore 

fisheries within this subarea. These 

recommended changes to the Plan are 

implemented through the annual 

regulations. The annual regulations also 

include the 2012 halibut quota for the 

West Coast fisheries as recommended by 

the International Pacific Halibut 

Commission. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/03/12 77 FR 5473 

Final Action ......... 03/22/12 77 FR 16740 

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–BB68 

238. 2012–2013 Specifications for the 

Northeast Skate Complex 

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

Abstract: This action specifies for the 

Northeast Skate Complex fishery an 

annual catch limit (ACL), annual catch 

target, total allowable landings, and 

possession limits for the 2012–2013 

fishing years. It also makes minor 

modifications to overfishing definitions 

and fishery monitoring. These measures 

are based upon the recommendations of 

the New England Fishery Management 

Council, reflecting the best available 

scientific information on the status of 

the skate stocks. Recent increases in the 

biomass of winter and little skates 

support increases in catch limits and 

quotas. The ACL (50,435 mt) represents 

a 23-percent increase from 2010 levels 

(41,080 mt). The measures are largely 

consistent with the skate catch levels 

implemented by Secretarial emergency 

action during the 2011 fishing year. 

Maintaining the catch limits at these 

higher levels is expected to continue 

positive economic impacts for the 

fishery, while simultaneously meeting 

the conservation objectives of the 

Northeast Skate Complex Fishery 

Management Plan. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/22/12 77 FR 10643 

NPRM Comment 

Period End.

03/23/12 

Final Action ......... 04/27/12 77 FR 25097 

Final Action Effective.05/01/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Daniel Morris, 

Acting Northeast Regional 

Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Drive, Gloucester, MA 01930, 

Phone: 978 281–9311, Email: 

daniel.morris@noaa.gov. 

RIN: 0648–BB83 

239. 2012 Tribal Fishery for Pacific 

Whiting 

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

seq.; 16 U.S.C. 773 et seq. 

Abstract: NMFS issues this rule for 

the 2012 Pacific whiting fishery under 

the authority of the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), the Magnuson Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and the Pacific 

Whiting Act of 2006. This rule 

establishes a tribal allocation of 17.5 

percent of the U.S. total allowable catch 

(TAC) for 2012. The regulations also 

establish a process for reapportionment 

of unused tribal allocation of Pacific 

whiting to the non-tribal fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/22/12 77 FR 10466 

NPRM Comment 

Period End.

03/23/12 

Final Action ......... 05/15/12 77 FR 28497 

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–BB85 

240. Regulatory Amendment To Revise 

Fall Recreational Closed Season and 

Set Annual Catch Limit for Red 

Snapper 

Legal Authority: 16 U.S.C. 1801 

Abstract: The actions in this 

amendment revise the fixed recreational 

red snapper closed season of October 1– 

December 31, and set the 2012 and 2013 

annual catch limit (ACL) for the red 

snapper fishery in the Gulf of Mexico. 

The previous regulations limit the 

ability to achieve optimum yield for the 

recreational sector due to restrictive 

season timing and fixed closure dates 

which limit the ability to reopen the 

recreational season through normal 

rulemaking. This regulation gives the 

National Marine Fisheries Service 

(NMFS) and the Gulf of Mexico Fishery 

Management Council (Council) more 

flexibility to manage the red snapper 

recreational fishing season. Providing 

management mechanisms with more 

flexibility would increase the likelihood 

of achieving optimum yield and, in 

turn, benefit the social and economic 

environments while reducing the 

burden on the administrative 

environment. Results from the red 

snapper update assessment in 2009 and 

the recent update indicate that the red 

snapper stock is no longer undergoing 

overfishing and that annual catch limits 

can be increased. Management measures 

considered in this amendment adjust 

the red snapper annual catch limit for 

2012 and for 2013. Increases in 2013 

would be contingent on the annual 

catch limit in 2012 not being exceeded. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/12/12 77 FR 21955 

NPRM Comment 

Period End.

04/27/12 

Final Action ......... 05/30/12 77 FR 31734 

Final Action Effective.06/29/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB91 

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1558 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

241. Atlantic Highly Migratory Species; 

Silky Shark Management Measures 

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

seq.; 16 U.S.C. 971 et seq. 

Abstract: This action implements 

Recommendation 11–08, which was 

adopted at the 2011 annual meeting of 

the International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

consistent with both the MagnusonStevens Conservation and Management 

Act and the Atlantic Tunas Convention 

Act. Recommendation 11–08 prohibits 

the retention, transshipping, or landing 

of silky sharks (Carcharhinus 

falciformis) caught in association with 

ICCAT fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/22/12 77 FR 37647 

NPRM Comment 

Period End.

07/23/12 

Final Action ......... 10/04/12 77 FR 60632 

Final Action Effective.11/05/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, 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.schulzehaugen@noaa.gov. 

RIN: 0648–BB96 

242. 2012 Summer Flounder, Scup, and 

Black Sea Bass Recreational Harvest 

Measures 

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

Abstract: This rulemaking 

implements management measures to 

achieve recreational harvest limits for 

the 2012 summer flounder, scup, and 

black sea bass recreational fisheries. 

Recreational management measures 

include recreational possession limits, 

minimum fish sizes, and seasonal 

closures. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/30/12 77 FR 25394 

Final Action ......... 05/23/12 77 FR 30427 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Daniel Morris, 

Acting Northeast Regional 

Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Drive, Gloucester, MA 01930, 

Phone: 978 281–9311, Email: 

daniel.morris@noaa.gov. 

RIN: 0648–BC07 

243. • Temporary Rule Through 

Emergency Action To Allow Harvest of 

Red Snapper in the South Atlantic 

Region in 2012 

Legal Authority: 16 U.S.C. 1801 

Abstract: In a letter dated June 19, 

2012, the Council requested NOAA 

Fisheries Service to allow harvest and 

possession of red snapper in 2012 

through emergency regulations. At their 

June 11–15, 2012, meeting, the Council 

reviewed new information in the form 

of red snapper rebuilding projections, 

2012 acceptable biological catch levels, 

and 2012 discard mortality levels. After 

accounting for the 2012 discard 

mortalities, the Council determined that 

directed harvest could be allowed 

without compromising the rebuilding of 

the stock to target levels. The Council 

decided to send the request for 

emergency regulation by a 12 to 1 vote. 

As outlined in the letter, the Councils 

request is centered around the following 

items: (1) Red snapper annual catch 

limit (ACL) of 13,067 fish; (2) 

recreational ACL of 9,399 fish; (3) 

commercial ACL of 3,668 fish or 20,818 

pounds gutted weight; (4) for the 

recreational sector, three-day weekend 

openings of which the number of 

weekends would be determined by the 

agency and the opening dates would be 

subject to modification based on 

weather conditions; (5) for the 

commercial sector, seven-day miniseason increments subject to the 

remaining quota; (6) open the seasons as 

soon as possible; (7) recreational bag 

limit of one fish per person per day with 

no size limit; and (8) commercial 50- 

pound trip limit with no size limit. 

Timetable: 

Action Date FR Cite 

Final Action ......... 08/28/12 77 FR 51939 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BC32 

244. Revisions to the Turtle Excluder 

Device Requirements 

Legal Authority: 16 U.S.C. 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 

Final Action— 

ANPRM Comment Period Extended.

03/19/07 72 FR 12749 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Helen Golde, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Marine Sanctuaries 

Division, 1305 East-West Highway, 

Silver Spring, MD 20910, Phone: 301 

427–8400, Email: 

helen.golde@noaa.gov. 

RIN: 0648–AV04 

245. Amendment to Regulations Under 

the Bottlenose Dolphin Take Reduction 

Plan 

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

Abstract: Serious injury and mortality 

of the Western North Atlantic bottlenose 

dolphin stocks incidental to Category I 

and II fisheries continue at levels 

potentially exceeding Potential 

Biological Removal (PBR) levels, 

requiring additional management 

measures under the Bottlenose Dolphin 

Take Reduction Plan (BDTRP). 

Therefore, the this action amends the 

BDTRP to reduce serious injury and 

mortality of bottlenose dolphins in the 

Virginia pound net fishery (Category II) 

and mid-Atlantic gillnet fishery 

(Category I) in North Carolina, 

specifically, the spiny dogfish fishery. 

The need for this action is to ensure the 

BDTRP meets its MMPA mandated short 

and long-term goals. NMFS will 

examine a number of management 

measures, including consensus 

recommendations from the Bottlenose 

Dolphin Take Reduction Team, 

designed to reduce the incidental 

mortality or serious injury of bottlenose 

dolphins taken in both the Virginia 

pound net fishery and spiny dogfish 

fishery in North Carolina to below PBR, 

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as well as other updates supporting the 

objectives of the BDTRP. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/12/12 77 FR 21946 

NPRM Comment 

Period End.

05/14/12 

Final Action ......... 07/31/12 77 FR 45268 

Final Action Effective.08/30/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kristy Long, 

Fisheries Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, Room 

13738, 1315 East-West Highway, Silver 

Spring, MD 20910, Phone: 301 713– 

2322, Fax: 301 427–2522, Email: 

kristy.long@noaa.gov. 

RIN: 0648–BA34 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Final Rule Stage 

246. Setting and Adjusting Patent Fees 

Legal Authority: 35 U.S.C. 119; 35 

U.S.C. 120; 35 U.S.C. 132(b); 35 U.S.C. 

376; 35 U.S.C. 41; Pub. L. 109–383; Pub. 

L. 110–116; Pub. L. 110–137; Pub. L. 

110–149; Pub. L. 110–161; Pub. L. 110– 

5; Pub. L. 110–92; Pub. L. 112–29 

Abstract: The United States Patent 

and Trademark Office (Office) takes this 

action in accordance with the LeahySmith American Invents Act to set and 

adjust certain patent fee amounts to 

provide the Office with a sufficient 

amount of aggregate revenue to recover 

its aggregate cost of patent operations. 

This action also helps the Office 

implement a sustainable funding model, 

reduce the current patent application 

backlog, decrease patent pendency, 

improve patent quality, and upgrade the 

Office’s patent business information 

technology capability and 

infrastructure. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/06/12 77 FR 55028 

NPRM Comment 

Period End.

11/05/12 

Final Rule ............ 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gilda Lee, 

Economist, Department of Commerce, 

Patent and Trademark Office, 600 

Dulany Street, P.O. Box 1450, 

Alexandria, VA 22313–1450, Phone: 571 

272–8698, Email: gilda.lee@uspto.gov. 

RIN: 0651–AC54 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Completed Actions 

247. Changes To Implement the 

Supplemental Examination Provisions 

of the Leahy-Smith America Invents 

Act and To Revise Reexamination Fees 

Legal Authority: 125 Stat 283; 125 Stat 

319; 35 U.S.C. 2(b)(2); Pub. L. 112–29 

Abstract: The United States Patent 

and Trademark Office (Office) is 

amending the rules of practice in patent 

cases to implement the supplemental 

examination provisions of the LeahySmith America Invents Act (AIA). The 

supplemental examination provisions 

permit a patent owner to request 

supplemental examination of a patent 

by the Office to consider, reconsider, or 

correct information believed to be 

relevant to the patent. The Office is also 

adjusting the fee for filing a request for 

ex parte reexamination and setting a fee 

for petitions filed in reexamination 

proceedings to more accurately reflect 

the cost of these processes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/25/12 77 FR 3666 

NPRM Comment 

Period End.

03/26/12 

Final Rule ............ 08/14/12 77 FR 48828 

Final Rule Effective.09/16/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Raul Tamayo, 

Department of Commerce, Patent and 

Trademark Office, 600 Dulaney Street, 

P.O. Box 1450, Alexandria, VA 22313, 

Phone: 571 272–7728, Email: 

raul.tamayo@uspto.gov. 

RIN: 0651–AC69 

248. Rules of Practice for Trials Before 

the Patent Trial and Appeal Board and 

Judicial Review of Patent Trial and 

Appeal Board Decisions 

Legal Authority: 125 Stat 284; 125 Stat 

289; 125 Stat 290; 125 Stat 299–313; 125 

Stat 329–331 (2011); 35 U.S.C. 135; 35 

U.S.C. 2(b)(2); 35 U.S.C. 21; 35 U.S.C. 

23; 35 U.S.C. 311–319; 35 U.S.C. 321– 

329; 35 U.S.C. 41; 35 U.S.C. 6; Pub. L. 

112–29 

Abstract: The United States Patent 

and Trademark Office (Office) amends 

the rules of practice to add new parts 42 

and 90 to implement the inter partes, 

post grant, and covered business 

method review of patents and derivation 

provisions of the Leahy-Smith America 

Invents Act (LSAIA). The review 

provisions permit a third party to 

request review of a patent by the Office. 

The derivation provisions permit a 

patent applicant to file a petition 

seeking to institute a derivation 

proceeding with another party’s 

application or patent. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/09/12 77 FR 6879 

NPRM Comment 

Period End.

04/09/12 

Final Rule ............ 08/14/12 77 FR 48612 

Final Rule Effective.09/16/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tierney, 

Lead Administrative Patent Judge, 

Department of Commerce, Patent and 

Trademark Office, 600 Dulany Street, 

P.O. Box 1450, Alexandria, VA 22313– 

1450, Phone: 571 272–9797, Fax: 571 

273–0053, Email: 

michael.tierney@uspto.gov. 

RIN: 0651–AC70 

249. Changes To Implement Inter Partes 

Review Proceedings 

Legal Authority: 125 Stat 284; 125 Stat 

299–313; 125 Stat 329–331; 31 U.S.C. 

311–319; 35 U.S.C. 2(b)(2); 35 U.S.C. 21; 

35 U.S.C. 23; 35 U.S.C. 329–331; 35 

U.S.C. 41; 35 U.S.C. 6; Pub. L. 112–29 

sections 6, 18 

Abstract: The United States Patent 

and Trademark Office (Office or 

USPTO) is revising the rules of practice 

to implement the provisions of the 

Leahy-Smith America Invents Act (AIA) 

that create the new inter partes review 

proceeding, post-grant review 

proceeding, and transitional post-grant 

review proceeding for covered business 

method patents, to be conducted before 

the Patent Trial and Appeal Board 

(Board). These provisions of the AIA 

will take effect on September 16, 2012, 

one year after the date of enactment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/10/12 77 FR 7041 

NPRM Comment 

Period End.

04/10/12 

Final Rule ............ 08/14/12 77 FR 48680 

Final Rule Effective.09/16/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tierney, 

Lead Administrative Patent Judge, 

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1560 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Department of Commerce, Patent and 

Trademark Office, 600 Dulany Street, 

P.O. Box 1450, Alexandria, VA 22313– 

1450, Phone: 571 272–9797, Fax: 571 

273–0053, Email: 

michael.tierney@uspto.gov. 

RIN: 0651–AC71 

250. Changes To Implement Derivation 

Proceedings 

Legal Authority: 125 Stat 284; 125 Stat 

289–90 (2011); 35 U.S.C. 135; 35 U.S.C. 

2(b)(2); 35 U.S.C. 21; 35 U.S.C. 23; 35 

U.S.C. 41; 35 U.S.C. 6; Pub. L. 112–29, 

sec 3(i) 

Abstract: The United States Patent 

and Trademark Office (Office) amends 

the rules of practice to implement the 

derivation provisions of the LeahySmith America Invents Act (LSAIA). 

The derivation provisions permit a 

patent applicant to file a petition 

seeking to institute a derivation 

proceeding with another party’s 

application or patent. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/10/12 77 FR 7028 

Action Date FR Cite 

NPRM Comment 

Period End.

04/10/12 

Final Rule ............ 09/11/12 77 FR 56068 

Final Rule Effective.03/16/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tierney, 

Lead Administrative Patent Judge, 

Department of Commerce, Patent and 

Trademark Office, 600 Dulany Street, 

P.O. Box 1450, Alexandria, VA 22313– 

1450, Phone: 571 272–9797, Fax: 571 

273–0053, Email: 

michael.tierney@uspto.gov. 

RIN: 0651–AC74 

251. Transitional Program for Covered 

Business Method Patents—Definition 

for Technological Invention 

Legal Authority: 125 Stat 284; 125 Stat 

329–331 (2011); 35 U.S.C. 2(b)(2); 35 

U.S.C. 21; 35 U.S.C. 23; 35 U.S.C. 321– 

329; 35 U.S.C. 41; 35 U.S.C. 6; Pub. L. 

112–29 

Abstract: The United States Patent 

and Trademark Office (Office) 

implements the provision of the LeahySmith America Invents Act that requires 

the Office to issue regulations for 

determining whether a patent is for a 

technological invention in a transitional 

post-grant review proceeding for 

covered business method patents. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/10/12 77 FR 7095 

NPRM Comment 

Period End.

04/10/12 

Final Rule ............ 08/14/12 77 FR 48734 

Final Rule Effective.09/16/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tierney, 

Lead Administrative Patent Judge, 

Department of Commerce, Patent and 

Trademark Office, 600 Dulany Street, 

P.O. Box 1450, Alexandria, VA 22313– 

1450, Phone: 571 272–9797, Fax: 571 

273–0053, Email: 

michael.tierney@uspto.gov. 

RIN: 0651–AC75 

[FR Doc. 2012–31489 Filed 1–7–13; 8:45 am] 

BILLING CODE 3510–12–P 

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Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part V 

Department of Defense 

Semiannual Regulatory Agenda 

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