7904 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / 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 2011 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Department), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to prerulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the spring 2011 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 the Department. 

The agenda is intended to facilitate 

comments and views by interested 

members of the public. 

The Department’s fall 2011 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period October 1, 2011 

through September 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Specific: For additional information 

about specific regulatory actions listed 

in the agenda, contact the individual 

identified as the contact person. 

General: Comments or inquiries of a 

general nature about the agenda should 

be directed to Asha Mathew, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230, telephone: 202 482–3151. 

SUPPLEMENTARY INFORMATION: The 

Department hereby publishes its fall 

2011 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 30, 2011, the 

Office of Management and Budget 

issued guidelines and procedures for the 

preparation and publication of the fall 

2011 Unified Agenda. The Regulatory 

Flexibility Act requires agencies to 

publish, in the spring and fall of each 

year, a regulatory flexibility agenda that 

contains a brief description of the 

subject of any rule likely to have a 

significant economic impact on a 

substantial number of small entities, 

and a list that identifies those entries 

that have been selected for periodic 

review under section 610 of the 

Regulatory Flexibility Act. 

In this edition of the Department’s 

regulatory agenda, a list of the most 

important significant regulatory actions 

and a Statement of Regulatory Priorities 

are included in the Regulatory Plan, 

which appears in both the online 

Unified Agenda and in part II of the 

issue of the Federal Register that 

includes the Unified Agenda. 

In addition, beginning with the fall 

2007 edition, the Internet became the 

basic means for disseminating the 

Unified Agenda. The complete Unified 

Agenda is available online at 

www.reginfo.gov, in a format that offers 

users a greatly enhanced ability to 

obtain information from the Agenda 

database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act, the 

Department’s printed agenda entries 

include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

Internet. In addition, for fall editions of 

the Agenda, the Department’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within the Department, the Office of 

the Secretary and various operating 

units may issue regulations. 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 the 

Department’s regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

NMFS’ programs, an ‘‘Explanation of 

Information Contained in NMFS 

Regulatory Entries’’ is provided below. 

Explanation of Information Contained 

in NMFS Regulatory Entries 

The Magnuson-Stevens Fishery 

Conservation and Management Act (16 

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

the management of fisheries within the 

Exclusive Economic Zone of the United 

States (EEZ). The EEZ refers to those 

waters from the outer edge of the State 

boundaries, generally 3 nautical miles, 

to a distance of 200 nautical miles. 

Fishery Management Plans (FMPs) are 

to be prepared for fisheries that require 

conservation and management 

measures. Regulations implementing 

these FMPs regulate domestic fishing 

and foreign fishing where permitted. 

Foreign fishing may be conducted in a 

fishery in which there is no FMP only 

if a preliminary fishery management 

plan has been issued to govern that 

foreign fishing. Under the Act, eight 

Regional Fishery Management Councils 

(Councils) prepare FMPs or 

amendments to FMPs for fisheries 

within their respective areas. In the 

development of such plans or 

amendments and their implementing 

regulations, the Councils are required by 

law to conduct public hearings on the 

draft plans and to consider the use of 

alternative means of regulating. 

The Council process for developing 

FMPs and amendments makes it 

difficult for NMFS to determine the 

significance and timing of some 

regulatory actions under consideration 

by the Councils at the time the 

semiannual regulatory agenda is 

published. 

The Department’s fall 2011 regulatory 

agenda follows. 

Cameron F. Kerry, 

General Counsel. 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 7905 

INTERNATIONAL TRADE ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

205 .................... Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico (Reg Plan 

Seq No. 22).

0648–AS65 

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

207 .................... Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine 

Fisheries Service Permits.

0648–AV76 

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

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

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

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

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

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

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

215 .................... Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and 

Amendment 5 to the Reef Fish FMP of Puerto Rico and the U.S. Virgin Islands.

0648–AY55 

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

217 .................... Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region.0648–AY73 

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

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

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

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

Region.

0648–BA52 

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

Region.

0648–BA53 

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

224 .................... Amendment 5 to the Golden Crab Fishery Management Plan of the South Atlantic ..................................... 0648–BA60 

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

Smoothhound Shark Fishery.

0648–BB02 

226 .................... 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 

227 .................... Amendment 11 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic 

Region.

0648–BB10 

228 .................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Cost 

Recovery Program.

0648–BB17 

229 .................... Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Increase the Total 

Allowable Catch for Red Grouper.

0648–BB22 

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

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

232 .................... Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of 

Mexico and Atlantic Region.

0648–BB33 

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

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

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

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

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

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

239 .................... North American Right Whales; Continuation of Vessel Speed Restrictions To Reduce Right Whale Deaths 

From Ship Strikes.

0648–BB20 

240 .................... Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho 

Salmon and Puget Sound Steelhead.

0648–BB30 

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

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


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7906 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

242 .................... Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the 

Western Alaska Community Development Quota (CDQ) Program.

0648–AV33 

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

Review Procedure.

0648–AV53 

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

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

246 .................... Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner 

Crabs Arbitration Regulations.

0648–AX47 

247 .................... 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 

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

249 .................... Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska; 

Amendment 83.

0648–AY53 

250 .................... Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries Management Plan.0648–AY95 

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

252 .................... Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan .............................................. 0648–BA22 

253 .................... Framework Adjustment 45 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BA27 

254 .................... Modification of Regulations Governing the Retention of Incidentally Caught Highly Migratory Species in 

Atlantic Trawl Fisheries.

0648–BA45 

255 .................... Framework Adjustment 7 to the Monkfish Fishery Management Plan ........................................................... 0648–BA46 

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

257 .................... Atlantic Highly Migratory Species; Implementing International Convention for the Conservation of Atlantic 

Tunas Recommendations on Sharks.

0648–BA69 

258 .................... Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan ......................................................... 0648–BA71 

259 .................... Framework Adjustment 22 to the Scallop Fishery Management Plan ............................................................ 0648–BA72 

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

261 .................... Bering Sea Chinook Salmon Economic Data Reporting Program .................................................................. 0648–BA80 

262 .................... Central Gulf of Alaska Rockfish Program Fishery Management Plan GOA 88 .............................................. 0648–BA97 

263 .................... Repeal of the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico ......................... 0648–BB07 

264 .................... Implement Framework Adjustment 46 to the Northeast Multispecies Fishery Management Plan ................. 0648–BB08 

265 .................... Supplement Amendment 26 and Amendment 29 to the Reef Fish Fishery Management Plan (FMP) of the 

Gulf of Mexico.

0648–BB15 

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

267 .................... Rule To Delay the Effective Date of Atlantic Smoothhound Management Measures .................................... 0648–BB43 

268 .................... Revision of Critical Habitat Designation for the Endangered Leatherback Sea Turtle ................................... 0648–AX06 

269 .................... Designating Critical Habitat for the Endangered Black Abalone ..................................................................... 0648–AY62 

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

271 .................... Endangered and Threatened Species, Designation of Critical Habitat for Southern Distinct Population 

Segment of Eulachon.

0648–BA38 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

274 .................... Correction and Clarification to Amendment 13 and Subsequent Frameworks of the Northeast Multispecies 

Fishery Management Plan.

0648–AW95 

275 .................... Implementation of Compatible Regulations With U.S. Virgin Islands Territorial Waters ................................ 0648–AY03 

276 .................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 to 2012 Biennial Specifications 

and Management Measures; FMP Amendment 16–5 and FMP Amendment 23.

0648–BA01 

277 .................... Emergency Rule To Reopen the Recreational Red Snapper Season in the Gulf of Mexico ......................... 0648–BA06 

278 .................... 2011 Atlantic Bluefish Specifications ............................................................................................................... 0648–BA26 

279 .................... Implementation of a Recreational Seasonal Closure for Greater Amberjack; Regulatory Framework Action 

to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP).

0648–BA48 

280 .................... Amendment 10 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic 

Region.

0648–BA51 

281 .................... Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico To Set 

Total Allowable Catch for Red Snapper.

0648–BA54 

282 .................... Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management 

Measures.

0648–BA65 

283 .................... Catch Reporting Requirements in the Atlantic Herring Fishery ...................................................................... 0648–BA79 

284 .................... Framework Adjustment 1 to the Northeast Skate Complex FMP ................................................................... 0648–BA91 

285 .................... 2011 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures and Scup 

Specification Increase (Increased 2011 Total Allowable Landings).

0648–BA92 

286 .................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 Tribal Fishery for Pacific Whiting 0648–BA95 

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


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 7907 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

288 .................... Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and 

Marine Mammal Protection Act.

0648–AV15 

289 .................... Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act .................... 0648–AX50 

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

PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

291 .................... Adjustment of USPTO Fees for Fiscal Year 2012 .......................................................................................... 0651–AC44 

PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Long-Term Actions 

204. Commercial Availability of Fabric 

and Yarn 

Legal Authority: Pub. L. 106–200, sec 

112(b)(5)(B); Pub. L. 106–200, sec 211; 

EO 13191; 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 

and CBTPA authorize quota- and dutyfree 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) 

Proposed Rule Stage 

National Marine Fisheries Service 

205. Fishery Management Plan for 

Regulating Offshore Marine 

Aquaculture in the Gulf of Mexico 

Regulatory Plan: This entry is Seq. 

No. 22 in part II of this issue of the 

Federal Register. 

RIN: 0648–AS65 

206. 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 announces that it is 

considering, and seeking public 

comment on, revisions to Federal 

American lobster regulations for the 

Exclusive Economic Zone (EEZ) 

associated with effort control measures 

as recommended for Federal 

implementation by the Atlantic States 

Marine Fisheries Commission (ASMFC) 

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 .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 


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7908 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

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 

207. Collection and Use of Tax 

Identification Numbers From Holders 

of and Applicants for National Marine 

Fisheries Service Permits 

Legal Authority: 31 U.S.C. 7701; 16 

U.S.C. 1801 et seq.; 16 U.S.C. 1361 et 

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

Abstract: Pursuant to the Debt 

Collection Improvement Act of 1996 

(Debt Collection Act), the National 

Marine Fisheries Service (NMFS) 

proposes to require that each existing 

holder of and future applicant for a 

permit, license, endorsement, 

authorization, transfer, or like 

instrument issued by the Agency 

provide a Taxpayer Identification 

Number (TIN) (business, employer 

identification number, or individual’s 

Social Security number) and Date of 

Incorporation or Date of Birth, as 

appropriate. Under the Debt Collection 

Act, NMFS is required to collect the TIN 

to report on and collect any delinquent 

non-tax debt owed to the Federal 

Government. NMFS plans to use Date of 

Incorporation or Date of Birth 

information for administrative aspects 

of permitting procedures, with 

appropriate confidentiality safeguards 

pursuant to the Privacy Act. The rule 

will specify: (a) The particular uses that 

may be made of the reported TIN; (b) the 

effects, if any, of not providing the 

required information; (c) how the 

information will be used to ascertain if 

the permit holder or applicant owes 

delinquent non-tax debt to the 

Government pursuant to the Debt 

Collection Act; (d) the effects on the 

permit holder or applicant when such 

delinquent debts are owed; and (e) the 

Agency’s intended communications 

with the permit holder or applicant 

regarding the relationship of such 

delinquent debts to its permitting 

process and the need to resolve such 

debts as a basis for completing permit 

issuance or renewal. The rule will 

amend existing Agency permit 

regulations and contain all appropriate 

modified and new collections-ofinformation pursuant to the Paperwork 

Reduction Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

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–AV76 

208. 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 Comment 

Period End.

03/31/08 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: David Cottingham, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2322, Fax: 301 713– 

2521, Email: 

david.cottingham@noaa.gov. 

RIN: 0648–AW22 

209. Fisheries Off West Coast States and 

in the Western Pacific; Klamath River 

Fall Chinook Salmon Rebuilding Plan 

Legal Authority: 16 U.S.C. 1854 

Abstract: This action would adopt a 

rebuilding plan for the Klamath River 

fall Chinook salmon (KRFC) stock, 

which failed to meet conservation 

objectives specified in the Fishery 

Management Plan for the 3-year period 

2004 to 2006. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

NPRM Comment 

Period End.

02/00/12 

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–AY06 

210. 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) announce their intention to 

prepare, in cooperation with NMFS, an 

Environmental Impact Statement (EIS) 

in accordance with the National 

Environmental Policy Act to assess 

potential effects on the human 

environment of alternative measures to 

address several issues regarding the 

Spiny Dogfish Fishery Management 

Plan (FMP). Issues that may be 

addressed include: Initiating a Research 

Set-Aside provision; specifying the 

spiny dogfish quota and/or possession 

limits by sex; adding a recreational 

fishery to the FMP; identifying 

commercial quota allocation 

alternatives; and establishing a limited 

access fishery. 

Timetable: 

Action Date FR Cite 

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

Notice of Intent 

To Prepare an 

Environmental 

Impact Statement.

08/05/09 74 FR 30963 

Comment Period 

End.

09/04/09 

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

NPRM .................. 11/00/12 

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. 


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RIN: 0648–AY12 

211. Generic Amendment for Annual 

Catch Limits 

Legal Authority: 16 U.S.C. 1801 

Abstract: The generic amendment is 

intended to modify five of the Gulf of 

Mexico Fishery Management Council’s 

Fishery Management Plans (FMPs). 

These include FMPs for: Reef Fish 

Resources, Shrimp, Stone Crab, Coral 

and Coral Reef Resources, and Red 

Drum. NMFS and the Council will 

develop these Annual Catch Limits 

(ACLs) in cooperation with the 

Scientific and Statistical Committee and 

the Southeast Fisheries Science Center. 

NMFS, in collaboration with the 

Council, will develop a Draft 

Environmental Impact Statement to 

evaluate alternatives and actions for the 

ACLs. Some examples of these actions 

include: Establishing sector-specific 

ACLs, selecting levels of risk associated 

with species yields, considering 

removal or withdrawal of species from 

FMPs, and delegating species or species 

assemblages to state regulators. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 08/04/09 74 FR 47206 

NPRM .................. 12/00/11 

Notice of Availability.12/00/11 

Final Action ......... 02/00/12 

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–AY22 

212. 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 .................. 12/00/11 

Final Action ......... 01/00/12 

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 

213. 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 U.S. 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 .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alvin Katekaru, 

Assistant Regional Administrator, 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1601 

Kapiolani Boulevard, Honolulu, HI 

96814, Phone: 808 944–2207, Fax: 808 

973–2941, Email: 

alvin.katekaru@noaa.gov. 

RIN: 0648–AY36 

214. 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: 

Action Date FR Cite 

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

NPRM .................. 05/00/12 

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 

215. Amendment 2 to the FMP for the 

Queen Conch Fishery of Puerto Rico 

and the U.S. Virgin Islands and 

Amendment 5 to the Reef Fish FMP of 

Puerto Rico and the U.S. Virgin Islands 

Legal Authority: 16 U.S.C. 1801 

Abstract: The Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSRA: Pub. L. 94–265), as 

amended through January 12, 2007, 

requires the establishment of annual 

catch limits (ACLs) and accountability 

measures (AMs) during 2010 for all 

species that are considered to be 

overfished or undergoing overfishing. 

The present amendment is being 

promulgated to meet those MSRA 

mandates as well as to establish 

framework procedures with which to 

effect future changes to the management 

plan and to restructure the fisheries 

management units for grouper and 

snapper. Various alternatives are 

included in the draft amendment, 

including maintenance of the status quo 

for each action as well as various 

alternatives regarding the yearsequences used to establish ACLs and 

the strategies to be employed to account 

for overages and to respond to needed 

changes in management methods. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Notice of Availability.12/00/11 

Final Action ......... 01/00/12 

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–AY55 

216. Amendment 10 to the Fishery 

Management Plan for Spiny Lobster in 

the Gulf of Mexico and South Atlantic 

Legal Authority: 16 U.S.C. 1801 

Abstract: The 2006 Reauthorization of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSFCMA) included a number of 


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changes to improve conservation of 

managed fishery resources. Included in 

these changes are requirements that the 

Regional Councils must establish both a 

mechanism for specifying annual catch 

limits (ACLs) at a level such that 

overfishing does not occur in the 

fishery, and accountability measures 

(AMs) to correct if overages occur. 

Accountability measures are 

management controls to prevent the 

ACLs from being exceeded and to 

correct by either in-season or postseason 

measures if they do occur. The Spiny 

Lobster fishery is jointly managed by the 

Gulf and South Atlantic Councils. 

Amendment 10 to the FMP will set 

ACLs and AMs, review current 

regulations, and implement reasonable 

and prudent measures from the 

Biological Opinion. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 03/12/10 75 FR 11843 

Notice of Intent 

Comment Period End.

04/12/10 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY72 

217. Comprehensive Annual Catch 

Limits Amendment to the Fishery 

Management Plan for the SnapperGrouper 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 SnapperGrouper Fishery Management Unit; 

designating some snapper and grouper 

species as ecosystem component 

species; considering multispecies 

groupings for specifying ACLs, ACTs, 

and AMs; specifying allocations among 

the commercial, recreational, and forhire sectors for species not undergoing 

overfishing; and modifying management 

measures to limit total mortality to the 

ACL. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY73 

218. Amendment 20 to the SnapperGrouper Fishery Management Plan of 

the South Atlantic Region 

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

Abstract: Amendment 20 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region consists of regulatory 

actions that focus on modifications to 

the wreckfish individual transferable 

quota (ITQ) program, bringing the 

program into compliance with the 

Reauthorized Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), and make 

other administrative, monitoring, and 

enforcement changes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AY74 

219. 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 679 to recover the administrative 

costs of processing applications for 

permits required under those plans. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Final Rule ............ 01/00/12 

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–AY81 

220. 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 .................. 02/00/12 

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–BA50 

221. Amendment 24 to the Fishery 

Management Plan for the SnapperGrouper 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 2 years of 

notification. 

Timetable: 

Action Date FR Cite 

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


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Action Date FR Cite 

Notice of Intent 

Comment Period End.

02/14/11 

NPRM .................. 02/00/12 

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–BA52 

222. Amendment 22 to the Fishery 

Management Plan for the SnapperGrouper 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 .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BA53 

223. 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 catchshare programs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/12 

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–BA59 

224. Amendment 5 to the Golden Crab 

Fishery Management Plan of the South 

Atlantic 

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

Abstract: Golden Crab Amendment 5 

examines alternatives for a catch-share 

program to limit participation in the 

golden crab fishery. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/12 

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 

225. • Implement the 2010 Shark 

Conservation Act Provisions and Other 

Regulations in the Atlantic 

Smoothhound Shark Fishery 

Legal Authority: 16 U.S.C. 1801 

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 would 

implement measures, as needed, to 

comply with the Endangered Species 

Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo Schulze– 

Haugen, 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.schulze-haugen@

noaa.gov. 

RIN: 0648–BB02 

226. • 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 

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 .................. 12/00/11 

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 

227. • Amendment 11 to the Fishery 

Management Plan for the SnapperGrouper 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 SnapperGrouper FMP while maintaining or 

increasing the biological protection to 

speckled hind and warsaw grouper in 

the South Atlantic. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 01/00/12 

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–BB10 

228. • Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; Cost 

Recovery Program 

Legal Authority: 16 U.S.C. 1853a 

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 

percent 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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Final Action ......... 01/00/12 

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 

229. • Regulatory Amendment to the 

Gulf of Mexico Reef Fish Fishery 

Management Plan To Increase the Total 

Allowable Catch for Red Grouper 

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

Abstract: The 2009 update stock 

assessment of the red grouper stock 

indicated that, although the stock 

continues to be neither overfished nor 

undergoing overfishing, the stock has 

declined since 2005. This decline was 

attributed to a 2005 episodic mortality 

event resulting in a little over 20 percent 

of the red grouper stock being killed, in 

addition to normal natural and fishing 

mortalities. Therefore, there is a need to 

improve the stock condition to a level 

where, at equilibrium, the stock can be 

harvested at optimum yield. A 2010 

framework action set the 2011 total 

allowable catch (TAC) consistent with 

the findings of the assessment. A rerun 

of the assessment was subsequently 

conducted that included landings data 

through 2010. Because of lower than 

predicted landings, the rerun of the 

assessment supported increasing the 

2011 TAC from 5.68 to 6.88 million 

pounds. The first action of this 

framework action is to consider 

increasing the 2011 TAC and setting the 

TAC for at least 2012 consistent with 

the results of the update assessment. 

This increase would provide more fish 

for harvest by the commercial sector 

through a quota increase. A second 

action is to consider increasing the red 

grouper bag limit for the recreational 

sector so it can harvest its allocation of 

the TAC. Alternatives considered in this 

framework action are consistent with 

the goals and objectives of the Council’s 

reef fish management strategy and 

achieve the mandates of the MagnusonStevens Fishery Conservation and 

Management Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB22 

230. • Amendment 93 To Implement 

Chinook Salmon Prohibited Species 

Catch Limits in the Gulf of Alaska 

Pollock Fishery 

Legal Authority: 16 U.S.C. 3631 et 

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

1801 et seq.; Pub. L. 108–199; 118 Stat 

110 

Abstract: This action would limit 

Chinook salmon prohibited species 

catch (PSC) and increase monitoring in 

the Gulf of Alaska (GOA) pollock 

fishery. A 25,000 lb Chinook salmon 

PSC annual limit would be 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 closed. To 

provide better information on the 

quantity and source of salmon 

incidentally caught in the pollock 

fishery, this action also would increase 

observer coverage on vessels less than 

60 feet in length overall and require full 

retention of salmon. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Final Rule ............ 08/00/12 

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–BB24 

231. • Implementation of 

Comprehensive Ecosystem Based 

Amendment 2 

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

Abstract: This CE–BA 2 proposes to 

specify the annual catch limit (ACL) for 

octocorals in the South Atlantic region. 

The South Atlantic Council is 

considering 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 

potentially reducing the management 

unit for octocorals, the South Atlantic 

Council is also considering an action to 

set the ACL at zero. 


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CE–BA 2 would amend 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 nonprohibited 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 amendment would amend 

Council FMPs as needed to designate 

new or modify existing EFH and EFH– 

HAPCs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB26 

232. • Amendment 18 to the Fishery 

Management Plan for Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region 

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

Abstract: In 2006 the MagnusonStevens Fishery Conservation and 

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

changes to improve conservation of 

managed fishery resources. Included in 

these changes are requirements that the 

Regional Councils must establish both a 

mechanism for specifying Annual Catch 

Limits (ACLs) at a level such that 

overfishing does not occur in the 

fishery, and Accountability Measures 

(AMs) to correct if overages occur. 

Accountability measures are 

management controls to prevent the 

ACLs from being exceeded and to 

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

coastal migratory pelagics fishery is 

jointly managed by the Gulf and South 

Atlantic Councils. The Gulf of Mexico 

and South Atlantic Fishery Management 

Councils (Councils) are currently 

considering regulatory action needed to 

set annual catch limits and 

accountability measures as required by 

the Magnuson-Stevens Fishery 

Conservation and Management Act. In 

addition, the Councils are addressing 

actions and alternatives to remove 

several coastal migratory pelagic species 

from the FMP, update the framework 

procedure, establish migratory groups 

for cobia, and redefine biological 

reference points. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB33 

233. • 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 Spiny Lobster fishery is 

jointly managed by the Gulf and South 

Atlantic Councils. Amendment 11 to the 

Fishery Management Plan (FMP) will 

implement reasonable and prudent 

measures from the 2009 Biological 

Opinion. The actions include 

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 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB44 

234. • Framework 23 to the Atlantic 

Sea Scallop Fishery Management Plan 

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

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 Fishery Management Plan. 

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 

NPRM .................. 01/00/12 

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–BB51 

235. Potential 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 

ANPRM Comment 

Period Extended.

03/19/07 72 FR 12749 

NPRM .................. 12/00/11 

NPRM Comment 

Period End.

02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 


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Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–AV04 

236. 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 Extended 

Comment Period End.

12/13/07 72 FR 58279 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802, Phone: 907 

586–7235, Fax: 301 713–2521, Email: 

michael.payne@noaa.gov. 

RIN: 0648–AV82 

237. 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 

required in the summer flounder trawl 

fishery, the definition of a summer 

flounder trawler, and the use of TEDs in 

this fishery; the use of TEDs in the 

croaker and weakfish flynet, whelk, 

Atlantic sea scallop, and calico scallop 

trawl fisheries of the Atlantic Ocean; 

and new seasonal and temporal 

boundaries for TED requirements. In 

addition, this rule will address the 

definition of the Gulf Area applicable to 

the shrimp trawl fishery in the southeast 

Atlantic and Gulf of Mexico. The 

purpose of the rule is to aid in the 

protection and recovery of listed sea 

turtle populations by reducing mortality 

in trawl fisheries through the use of 

TEDs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexis Gutierrez, 

Foreign Affairs Specialist, Department 

of Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–2322, Fax: 301 

713–4060, Email: 

alexis.gutierrez@noaa.gov. 

RIN: 0648–AY61 

238. 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, 

as well as other updates supporting the 

objectives of the BDTRP. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stacey Leah Carlson, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5312, Fax: 727 824– 

5309, Email: stacey.carlson@noaa.gov. 

RIN: 0648–BA34 

239. • North American Right Whales; 

Continuation of Vessel Speed 

Restrictions to Reduce Right Whale 

Deaths From Ship Strikes 

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

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

Abstract: NMFS proposes to eliminate 

an expiration 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 .................. 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2332, Fax: 301 427– 

2520, Email: jim.lecky@noaa.gov. 

RIN: 0648–BB20 

240. • Endangered and Threatened 

Species; Designation of Critical Habitat 

for Lower Columbia River Coho Salmon 

and Puget Sound Steelhead 

Legal Authority: 16 U.S.C. 1531 to 

1544 

Abstract: We, the National Marine 

Fisheries Service (NMFS), propose to 

designate critical habitat under the 

Endangered Species Act (ESA) for the 

lower Columbia River coho salmon and 

the Puget Sound steelhead distinct 


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population segments (DPS). The 

proposed areas include freshwater 

streams and estuarine habitats in Puget 

Sound, the Strait of Juan de Fuca, SW 

Washington, and NW Oregon. This 

proposed rule will seek comments and 

any additional information on the areas 

proposed for designation and our 

evaluation of areas that may warrant 

exclusion from the designation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/12 

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 

241. • Amendment and Updates to the 

Bottlenose Dolphin Take Reduction 

Plan 

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

seq.; 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 purpose of the proposed 

actions is to amend the BDTRP to 

reduce serious injury and mortality of 

bottlenose dolphins in the Virginia 

pound net fishery (Category II). The 

need for the proposed 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 the Virginia pound 

net fishery to below PBR. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/12 

Final Action ......... 06/00/12 

Final Rule Effective.07/00/12 

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 

242. Amending Regulations for the 

Pacific Halibut, Sablefish, and Pollock 

Fisheries Conducted Under the Western 

Alaska Community Development Quota 

(CDQ) Program 

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

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

3631 et seq.; Pub. L. 108–447 

Abstract: NMFS proposes to amend 

regulations that govern fisheries 

managed under the Western Alaska 

Community Development Quota (CDQ) 

Program. These revisions are needed to 

comply with certain changes made to 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) in 2006. 

Proposed changes include revising 

regulations associated with 

recordkeeping, vessel licensing, catch 

retention requirements, and fisheries 

observer requirements to ensure that 

they are no more restrictive than the 

regulations in effect for comparable nonCDQ fisheries managed under 

individual fishing quotas or cooperative 

allocations. In addition, NMFS proposes 

to remove CDQ Program regulations that 

now are inconsistent with the 

Magnuson-Stevens Act, including 

regulations associated with the CDQ 

allocation process, transfer of 

groundfish CDQ and halibut prohibited 

species quota, and the oversight of CDQ 

groups’ expenditures. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/13/10 75 FR 39892 

NPRM Comment 

Period End.

08/12/10 

Final Rule ............ 12/00/11 

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–AV33 

243. Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) 

Environmental Review Procedure 

Legal Authority: 16 U.S.C. 1801 

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 time lines for review and approval 

of fishery management plans and plan 

amendments. They must also integrate 

applicable environmental analytical 

procedures, including the time frames 

for public input, with the procedure for 

the preparation and dissemination of 

fishery management plans, plan 

amendments, and other actions taken or 

approved pursuant to this Act in order 

to provide for timely, clear, and concise 

analysis that is useful to decision 

makers and the public, reduce 

extraneous paperwork, and effectively 

involve the public. 

This rule would revise and update the 

NMFS procedures for complying with 

NEPA in the context of fishery 

management actions developed 

pursuant to MSRA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/14/08 73 FR 27998 

NPRM Comment 

Period End.

06/13/08 

Final Action ......... 12/00/11 

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. 


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RIN: 0648–AV53 

244. Allowable Modifications to the 

Turtle Excluder Device Requirements 

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

Abstract: NMFS proposes to revise the 

Turtle Excluder Device (TED) 

requirements to allow new materials 

and modifications to existing approved 

TED designs. Specifically, proposed 

allowable modifications include the use 

of flat bar, box pipe, and oval pipe for 

use in currently-approved TED grids; an 

increase in mesh size on escape flaps 

from 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 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Barnette, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 551–5794, Email: 

michael.barnette@noaa.gov. 

RIN: 0648–AW93 

245. Amendment 11 to the Atlantic 

Mackerel, Squid, Butterfish Fishery 

Management Plan 

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

Abstract: Amendment 11 to the 

Atlantic Mackerel, Squid, Butterfish 

Fishery Management Plan may consider: 

(1) Limited access in the Atlantic 

mackerel (mackerel) fishery; (2) 

implementation of annual catch limits 

(ACLs) and accountability measures 

(AMs) for mackerel and butterfish 

required under the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act of 2006 (MSRA); (3) 

updating of the description and 

identification of essential fish habitat 

(EFH) for all life stages of mackerel, 

Loligo squid, Illex squid, and butterfish 

(including gear impacts on Loligo squid 

egg EFH); and (4) possible limitations on 

at-sea processing of mackerel. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 08/11/08 73 FR 46590 

Notice of Availability.07/06/11 76 FR 39374 

Action Date FR Cite 

NPRM .................. 08/01/11 76 FR 45742 

Notice of Availability Comment 

Period End.

09/06/11 

NPRM Comment 

Period End.

09/15/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–AX05 

246. Amendment 30 to the Fishery 

Management Plan for Bering Sea and 

Aleutian Islands King and Tanner 

Crabs Arbitration Regulations 

Legal Authority: 16 U.S.C. 1862; Pub. 

L. 109–241; Pub. L. 109–479 

Abstract: This action implements 

Amendment 30 to the Fishery 

Management Plan for Bering Sea and 

Aleutian Islands King and Tanner Crabs 

to make minor modifications to the 

arbitration system used to settle price 

and other disputes among harvesters 

and processors in the Bering Sea/ 

Aleutian Islands crab rationalization 

program. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/25/11 76 FR 44297 

NPRM .................. 08/10/11 76 FR 49423 

Notice of Availability Comment 

Period End.

09/23/11 

Final Action ......... 12/00/11 

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–AX47 

247. 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 

fishermen. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/23/10 75 FR 51741 

NPRM Comment 

Period End.

09/22/10 

Final Rule ............ 12/00/11 

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 

248. 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 

nondirected 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: 


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Action Date FR Cite 

NPRM .................. 05/12/10 75 FR 26703 

NPRM Comment 

Period End.

06/11/10 

NPRM Comment 

Period Reopened.

06/16/10 75 FR 34092 

NPRM Comment 

Period End.

06/30/10 

Final Action ......... 05/00/12 

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 

249. Fisheries of the Exclusive 

Economic Zone Off Alaska; Pacific Cod 

Allocations in the Gulf of Alaska; 

Amendment 83 

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

Abstract: This rulemaking establishes 

Pacific cod allocations in the Gulf of 

Alaska among the jig, trawl, hook-andline, and pot sectors. This action also 

limits access to the parallel fishery for 

Federal fishery participants. This action 

is necessary to reduce uncertainty and 

contribute to stability across the sectors, 

while providing consideration of fishing 

communities and entry-level 

opportunities for the jig sector. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/28/11 76 FR 37763 

NPRM .................. 07/26/11 76 FR 44700 

NPRM Comment 

Period End.

09/09/11 

Final Action ......... 12/00/11 

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–AY53 

250. Amendment to Correct and Clarify 

Amendment 16 and Subsequent 

Frameworks of the Northeast 

Multispecies Fisheries Management 

Plan 

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

Abstract: This action corrects and 

clarifies the final rule implementing 

Amendment 16 to the Northeast 

Multispecies Fishery Management Plan, 

as well as subsequent groundfish 

actions. These corrections are 

administrative in nature and are 

intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 16 and subsequent actions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/02/11 76 FR 24444 

NPRM Comment 

Period End.

05/17/11 

Interim Final Rule 07/19/11 76 FR 42577 

Interim Final Rule 

Effective.

07/19/11 

Interim Final Rule 

Comment Period End.

08/18/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–AY95 

251. Fishing Capacity Reduction 

Program for the Southeast Alaska Purse 

Seine Salmon Fishery 

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

seq.; 46 U.S.C. 53701 et seq.; Pub. L. 

108–447; Pub. L. 109–447; Pub. L. 110– 

161 

Abstract: This rule would implement 

a Capacity Reduction Program for the 

Southeast Alaska Purse Seine Salmon 

Fishery, which is a State-controlled 

fishery. This program is voluntary and 

holders of valid limited-entry permits 

issued by the Alaska Commercial 

Fisheries Entry Commission to operate 

in the Southeast Alaska Purse Seine 

Salmon Fishery are eligible to 

participate. Permit holders in the 

program will receive up to $23.5 

million, in the aggregate, in exchange 

for relinquishing permits. NMFS would 

issue a 30-year loan to finance the 

buyback, and the loan would be repaid 

by those harvesters remaining in the 

fishery. The intent of this rule is to 

permanently reduce the most harvesting 

capacity in the fishery at the least cost, 

which should result in increased 

harvesting productivity for 

postreduction permit holders 

participating in the fishery and improve 

flexibility in the conservation and 

management of the fishery. The rule 

would also establish a fee collection 

system to ensure repayment of the loan. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/23/11 76 FR 29707 

NPRM Comment 

Period End.

06/22/11 

Final Action ......... 01/00/12 

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–BA13 

252. Amendment 3 to the Atlantic DeepSea Red Crab Fishery Management 

Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: This action is required to 

bring the Atlantic Deep-Sea Red Crab 

FMP into compliance with the 

reauthorized Magnuson-Stevens Fishery 

Conservation and Management Act by 

incorporating an annual catch limit 

(ACL) and accountability measures 

(AMs). The Red Crab FMP may also be 

modified to implement a ‘‘hard quota’’ 

(or total allowable landings (TAL)) in 

place of the current target total 

allowable catch (TAC) and days-at-sea 

(DAS) system. Other management 

measures currently in place may be 

modified or eliminated. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/22/11 76 FR 36511 

NPRM .................. 07/06/11 76 FR 39369 

NPRM Comment 

Period End.

08/05/11 

Notice of Availability Comment 

Period End.

08/22/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA22 


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253. Framework Adjustment 45 to the 

Northeast Multispecies Fishery 

Management Plan 

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

Abstract: The New England Fishery 

Management Council (Council) 

developed Framework Adjustment 45 to 

the Northeast Multispecies FMP to 

implement measures to update status 

determination criteria for pollock; revise 

the rebuilding program for Georges Bank 

yellowtail flounder; revise annual catch 

limits for several stocks; implement 

additional sectors, including Statesponsored permit banks; modify a 

scallop exemption area; revise 

monitoring requirements; and 

implement a spawning closure area in 

the Gulf of Maine. These measures are 

expected to continue efforts to rebuild 

overfished stocks, minimize costs to 

industry, and increase the economic 

efficiency of vessel operations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/03/11 76 FR 11858 

NPRM Comment 

Period End.

03/18/11 

Final Rule ............ 04/25/11 76 FR 23042 

Temporary Final 

Rule.

06/15/11 76 FR 34903 

Final Action—Adjustments.12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA27 

254. Modification of Regulations 

Governing the Retention of Incidentally 

Caught Highly Migratory Species in 

Atlantic Trawl Fisheries 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rule modifies the 

regulations governing Atlantic highly 

migratory species (HMS) to address the 

retention of incidentally caught North 

Atlantic swordfish in squid trawl 

fisheries, and the retention of 

incidentally caught species in the 

smoothhound shark complex (which 

includes smooth dogfish and Florida 

smoothhound (genus Mustelus)) in all 

Atlantic trawl fisheries. Trawl gear is 

not authorized in Atlantic HMS 

fisheries, but an allowance for the 

retention of incidentally caught 

swordfish in trawl gear has been 

established to reduce regulatory 

discards. This rule modifies the 

allowance for incidentally caught HMS 

in trawl gear to reduce regulatory dead 

discards, to the extent practicable, by 

converting discards into landings, 

improve fishery data collection, provide 

additional opportunities for the U.S. 

swordfish quota to be caught, and 

accommodate traditional fishing 

methods (i.e., trawls) that incidentally 

capture North Atlantic swordfish and 

smoothhound shark species. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/18/11 76 FR 14884 

NPRM Comment 

Period End.

04/17/11 

Final Rule ............ 08/10/11 76 FR 49368 

Final Action ......... 12/00/11 

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–BA45 

255. Framework Adjustment 7 to the 

Monkfish Fishery Management Plan 

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

Abstract: Framework Adjustment 7 to 

the Monkfish FMP adjusts the annual 

catch target (ACT) for the Northern 

Fishery Management Area (NFMA) to be 

consistent with the most recent 

scientific advice regarding the 

acceptable biological catch (ABC) for 

monkfish. The New England Fishery 

Management Council’s Scientific and 

Statistical Committee (SSC) has 

recommended a revision to the ABC, 

based on the recent stock assessment 

(SARC 50), that is lower than the ACT 

for the NFMA proposed in Amendment 

5 to the Monkfish FMP. Specifically, the 

SSC recommended a revised NFMA 

ABC of 7,592 mt, which is 29 percent 

lower than the NFMA ACT of 10,750 mt 

proposed in Amendment 5. Conversely, 

the recalculated ABC for the Southern 

Fishery Management Area (SFMA) is 

850 mt higher than the Council’s 

recommended ACT for that area. Thus, 

no change is proposed for the SFMA. 

Framework 7 also specifies a new dayat-sea (DAS) allocation and trip limits 

for the NFMA commensurate with the 

new ACT (as necessary), and adopts 

revised biomass reference points based 

on the recommendations of SARC 50 

and the SSC. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/05/11 76 FR 47533 

NPRM Comment 

Period End.

09/06/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA46 

256. 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 Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, Department of Commerce, 


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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 

257. Atlantic Highly Migratory Species; 

Implementing International Convention 

for the Conservation of Atlantic Tunas 

Recommendations on Sharks 

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

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

Abstract: This action implements two 

recommendations adopted at the 2010 

annual meeting of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). 

Recommendation 10–07 prohibits the 

retention, transshipping, landing, 

storing, or selling of oceanic whitetip 

sharks. Recommendation 10–08 

prohibits the retention, transshipping, 

landing, storing, or selling of 

hammerhead sharks in the family 

Sphyrnidae, except for Sphyrnidae 

tiburo, taken in the Convention area in 

association with ICCAT fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/29/11 76 FR 23935 

NPRM Comment 

Period End.

05/31/11 

Final Rule ............ 08/29/11 76 FR 53652 

Final Rule Effective.09/28/11 

Final Action ......... 12/00/11 

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–BA69 

258. Amendment 15 to the Atlantic Sea 

Scallop Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: Amendment 15 to the 

Atlantic Sea Scallop Fishery 

Management Plan (Scallop FMP) was 

developed by the New England Fishery 

Management Council (Council) to 

implement Annual Catch Limits (ACLs) 

and Accountability Measures (AMs) to 

come into compliance with new 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA). In addition, Amendment 15 

to the Scallop FMP includes measures 

that would make management of the 

scallop fishery more effective including: 

Modification of the overfishing 

definition for scallops; an increase in 

the possession limit for Limited Access 

General Category (LAGC) vessels; an 

allowance for carryover of Individual 

Fishing Quotas (IFQ) for LAGC vessels; 

a provision to enable LAGC vessel 

owners to permanently transfer IFQ 

separate from a vessel’s LAGC permit; 

revision of the essential fish habitat 

closures under the Scallop FMP; and 

several changes to the scallop research 

set-aside program. 

Timetable: 

Action Date FR Cite 

Notice of Availability.03/24/11 76 FR 16595 

NPRM .................. 04/11/11 76 FR 19929 

NPRM Comment 

Period End.

05/26/11 

Final Rule ............ 07/21/11 76 FR 43746 

Final Action—Correction.12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Peter Christopher, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9288. 

RIN: 0648–BA71 

259. Framework Adjustment 22 to the 

Scallop Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: Framework 22 to the 

Atlantic Sea Scallop FMP (Framework 

22) sets management measures for the 

scallop fishery for the 2011–2013 

Fishing Years (FYs), including the 

Annual Catch Limits (ACL) and annual 

catch targets for the limited access and 

limited access general category fleets 

based on the ACL framework proposed 

in Amendment 15 to the FMP. In 

addition, Framework 22 revises the 

scallop access area schedules for FYs 

2011–2013, sets the scallop Days-At-Sea 

(DAS) allocations and sea scallop access 

area trip allocations, and sets measures 

to minimize impacts of incidental take 

of sea turtles in the Mid-Atlantic Total 

Allowable Catches (TACs) for the 

Northern Gulf of Maine management 

area, observer set-aside, and incidental 

landings (target TAC). 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/29/11 76 FR 23940 

NPRM Comment 

Period End.

05/31/11 

Final Action ......... 07/21/11 76 FR 43774 

Final Action Effective.08/01/11 

Action Date FR Cite 

Correcting 

Amendment.

12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA72 

260. 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 Action ......... 12/00/11 

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–BA75 


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7920 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

261. Bering Sea Chinook Salmon 

Economic Data Reporting Program 

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

seq.; 16 U.S.C. 1851; 16 U.S.C. 3631 et 

seq. 

Abstract: NMFS implements the 

Chinook Salmon Economic Data 

Program to evaluate the effectiveness of 

Chinook salmon bycatch management 

measures for the Bering Sea pollock 

fishery that were implemented under 

Amendment 91 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). The rule is 

intended to promote the goals and 

objectives of the FMP, the MagnusonStevens Fishery Conservation and 

Management Act, and other applicable 

law. 

To collect the data, NMFS requires 

submission of each of the following 

three reports/surveys. These will be in 

a fillable electronic format available on 

the NMFS AKR Web site. 

Representatives of AFA catcher/ 

processor and mothership sectors, 

inshore cooperatives, the inshore open 

access fishery, and CDQ groups will be 

responsible to submit the Chinook EDR. 

The Reports/Surveys are: Chinook 

Salmon PSC Allocation Compensated 

Transfer Report (CTR); Vessel Fuel 

Survey; and the Vessel Master Survey. 

In addition to these reports/surveys, 

NMFS will collect new information 

concerning vessel movements on the 

fishing grounds and more general data 

on pollock allocations and transfers 

through revisions of requirements to the 

existing IPA Annual Report. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/18/11 76 FR 42099 

NPRM Comment 

Period End.

08/17/11 

Final Rule ............ 12/00/11 

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–BA80 

262. • Central Gulf of Alaska Rockfish 

Program Fishery Management Plan 

GOA 88 

Legal Authority: 16 U.S.C. 1801 

Abstract: Amendment 88 would 

implement the Central Gulf of Alaska 

Rockfish Program to replace the existing 

regulations for the Rockfish Pilot 

Program that are scheduled to expire at 

the end of 2011. This program would 

allocate exclusive harvest privileges to a 

select group of License Limitation 

Program (LLP) license holders who used 

trawl gear to target Pacific ocean perch, 

pelagic shelf rockfish, and northern 

rockfish during a suite of qualifying 

years. It would retain the conservation, 

management, safety, and economic 

gains realized under the rockfish pilot 

program and resolve identified issues in 

the management and viability of each 

sector. This program, if approved, 

would be implemented in 2012. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/28/11 76 FR 45217 

NPRM .................. 08/19/11 76 FR 52148 

NPRM Commend 

Period End.

09/19/11 

Final Rule ............ 12/00/11 

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–BA97 

263. • Repeal of the Fishery 

Management Plan for the Stone Crab 

Fishery of the Gulf of Mexico 

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

Abstract: This action repeals the 

Fishery Management Plan for the Stone 

Crab Fishery of the Gulf of Mexico 

(FMP) and removes its implementing 

regulations, as requested by the Gulf of 

Mexico Fishery Management Council 

(Council). The stone crab fishery takes 

place primarily in State waters (off the 

coast of Florida) and Florida’s Fish and 

Wildlife Conservation Commission 

(FWC) is extending its management into 

Federal waters. Repealing the Federal 

regulations would eliminate duplication 

of management efforts, reduce costs, and 

align with the President’s Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ to ensure 

Federal regulations are more effective 

and less burdensome in achieving 

regulatory objectives. The intended 

effect of this action is to enhance the 

effectiveness and efficiency of managing 

the stone crab fishery in the Gulf of 

Mexico (Gulf). 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/20/11 76 FR 43250 

NPRM Comment 

Period End.

08/19/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB07 

264. • Implement Framework 

Adjustment 46 to the Northeast 

Multispecies Fishery Management Plan 

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

Abstract: NMFS proposes regulations 

to implement measures in Framework 

Adjustment (FW) 46 to the NE 

Multispecies Fishery Management Plan 

(FMP). FW 46 was developed and 

submitted to NMFS for approval by the 

New England Fishery Management 

Council (Council) to address haddock 

catch in the Atlantic herring fishery. 

The proposed rule would increase the 

haddock incidental catch cap allocated 

to the Atlantic midwater trawl herring 

fishery to 1 percent of the Georges Bank 

(GB) haddock Acceptable Biological 

Catch (ABC), and to 1 percent of the 

Gulf of Maine (GOM) haddock ABC. In 

addition, this action would modify the 

cap accountability measures (AMs) such 

that, upon attainment of the cap, the 

midwater trawl herring fleet could not 

catch or land herring in excess of the 

incidental catch limit (2,000 lb (907.2 

kg)) in or from the appropriate haddock 

stock area. This action is intended to 

allow the herring fishery to fully utilize 

available herring quota, while providing 

incentives for the midwater trawl 

fishery to minimize haddock catch. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/19/11 76 FR 42663 

NPRM Comment 

Period End.

08/03/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Melissa Vasquez, 

Fishery Policy Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Drive, Gloucester, MA 01930, 

Phone: 978 281–9166, Email: 

melissa.vasquez@noaa.gov. 

RIN: 0648–BB08 


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265. • Supplement Amendment 26 and 

Amendment 29 to the Reef Fish Fishery 

Management Plan (FMP) of the Gulf of 

Mexico 

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

Abstract: Amendment 26 to the Reef 

Fish fishery management plan (FMP) 

established the Gulf of Mexico Red 

Snapper Individual Fishing Quota (IFQ) 

program. This amendment contains 

provisions to allow public participation 

after 5 years of the program. As of 

January 1, 2012, all U.S. citizens and 

permanent resident aliens are eligible to 

participate in the Gulf Red Snapper IFQ 

program. Amendment 29 to the Reef 

Fish FMP established the Gulf of 

Mexico Grouper-Tilefish IFQ program. 

Under the revised Magnuson-Stevens 

Act (MSA) of 2007, regulations require 

any participant in IFQ programs to be 

U.S. citizens. Currently, information 

verifying U.S. citizenship is not 

collected on Federal Reef Fish permit 

applications. The intended effect of this 

action is to establish the requirements 

and procedures for collecting 

information necessary to identify 

participants in order to monitor, 

enforce, and review the IFQ program as 

specified in Amendments 26 and 

Amendment 29 to the Reef Fish FMP. 

This action establishes the requirement 

that any U.S. citizen, or permanent 

resident alien applying for participation, 

or person previously issued an IFQ 

online account by NOAA Fisheries 

Service’s Southeast Region must 

provide such information on an IFQ 

online account application to obtain an 

IFQ online account. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/17/11 76 FR 50979 

NPRM Comment 

Period End.

09/16/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E. Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Fax: 727 824–5308, 

Email: roy.crabtree@noaa.gov. 

RIN: 0648–BB15 

266. • Emergency Rule to Increase the 

2011 Catch Limits for the Northeast 

Skate Complex 

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

Abstract: The proposed temporary 

emergency rule would increase 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 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BB32 

267. • 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 

would 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 Rule ............ 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo Schulze– 

Haugen, 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 

268. Revision of Critical Habitat 

Designation for the Endangered 

Leatherback Sea Turtle 

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

Abstract: The National Marine 

Fisheries Service announces a rule to 

revise leatherback turtle (Dermochelys 

coriacea) critical habitat under the 

Endangered Species Act of 1973, as 

amended. The leatherback is currently 

listed as endangered throughout its 

range, and critical habitat consists of 

Sandy Point Beach and adjacent waters, 

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

revises critical habitat to include waters 

along the U.S. West Coast. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/05/10 75 FR 319 

Notice of Public 

Hearings.

02/01/10 75 FR 5015 

NPRM Comment 

Period Extension.

02/19/10 75 FR 7434 

NPRM Comment 

Period End.

03/08/10 

NPRM Comment 

Period Extension End.

04/19/10 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sara McNulty, 

Ecologist, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2322, Fax: 301 713– 

4060, Email: sara.mcnulty@noaa.gov. 

RIN: 0648–AX06 

269. Designating Critical Habitat for the 

Endangered Black Abalone 

Legal Authority: 16 U.S.C. 1531 to 

1543 

Abstract: Under section 4 of the 

Endangered Species Act (ESA), the 

Secretary of Commerce (Secretary) shall 

designate critical habitat for species 

listed as threatened or endangered. This 

rulemaking designates critical habitat 

for the endangered black abalone. Once 

critical habitat is designated, Federal 

agencies are required to comply with 

section 7 of the ESA to ensure activities 

they carry out, authorize, or fund do not 


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destroy or adversely affect this 

designated critical habitat. An economic 

analysis report, biological report, and 

ESA section 4(b)(2) analysis report 

prepared in support of this rulemaking 

will be available for public review and 

comment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/28/10 75 FR 59900 

NPRM Comment 

Period End.

11/29/10 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Melissa Neuman, 

Fish Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, Suite 

4200, 501 West Ocean Boulevard, Long 

Beach, CA 90802, Phone: 562 980–4115, 

Fax: 562 980–4027, Email: 

melissa.neuman@noaa.gov. 

RIN: 0648–AY62 

270. 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 

nonregulatory 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 

Action Date FR Cite 

Final Action ......... 01/00/12 

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–BA30 

271. Endangered and Threatened 

Species, Designation of Critical Habitat 

for Southern Distinct Population 

Segment of Eulachon 

Legal Authority: 16 U.S.C. 1533 

Abstract: We, the National Marine 

Fisheries Service (NMFS), propose to 

designate critical habitat for the 

southern Distinct Population Segment 

(DPS) of Pacific eulachon (Thaleichthys 

pacificus), which was recently listed as 

threatened under the Endangered 

Species Act (ESA). We have proposed 

12 specific areas for designation as 

critical habitat within the states of 

California, Oregon, and Washington. 

The proposed areas are a combination of 

freshwater creeks and rivers and their 

associated estuaries which comprise 

approximately 470 km (292 mi) of 

habitat. Three particular areas are 

proposed for exclusion after evaluating 

the impacts and benefits associated with 

tribal land ownership and management 

by Indian tribes, but no areas are 

proposed for exclusion based on 

economic impacts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/05/11 76 FR 515 

NPRM Comment 

Period End.

03/07/11 

Final Action ......... 12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–1401, Fax: 301 427– 

2523, Email: 

marta.nammack@noaa.gov. 

RIN: 0648–BA38 

272. 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 

vegetation to its deepest extent inland; 

lagoon waters; inner reef waters; and 

ocean waters out to a depth of 200 

meters. 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 

toward 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 

NPRM Comment 

Period End.

08/31/11 

Final Action ......... 06/00/12 

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–BA81 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

273. Amendment 4 to the Atlantic 

Herring Fishery Management Plan 

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


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Abstract: The goal of Amendment 4 is 

to improve catch monitoring and ensure 

compliance with the Reauthorized 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSRA). The management measures 

developed in this amendment may 

address one or more of the following 

objectives: (1) To implement measures 

to improve the long-term monitoring of 

catch (landings and bycatch) in the 

herring fishery; (2) to implement annual 

catch limits and accountability 

measures consistent with the MSRA; (3) 

to implement other management 

measures as necessary to ensure 

compliance with the new provisions of 

the MSRA; (4) to develop a sector 

allocation process or other limited 

access privilege program for the herring 

fishery; and (5) in the context of 

objectives 1–4 (above), to consider the 

health of the herring resource and the 

important role of herring as a forage fish 

and a predator fish throughout its range. 

The New England Fishery 

Management Council will develop 

conservation and management measures 

to address the issues identified above 

and meet the goals/objectives of the 

amendment. Any conservation and 

management measures developed in this 

amendment also must comply with all 

applicable laws. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 05/08/08 73 FR 26082 

Notice of Availability.08/12/10 75 FR 48920 

Notice of Availability Comment 

Period End.

10/12/10 

NPRM .................. 10/18/10 75 FR 63791 

NPRM Comment 

Period End.

12/02/10 

Final Action ......... 03/02/11 76 FR 11373 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–AW75 

274. Correction and Clarification to 

Amendment 13 and Subsequent 

Frameworks of the Northeast 

Multispecies Fishery Management Plan 

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

Abstract: This action would make 

corrections and clarifications to the final 

rule implementing Amendment 13 to 

the Northeast Multispecies Fishery 

Management Plan, as well as subsequent 

groundfish actions. These corrections 

are administrative in nature and are 

intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 13 and subsequent actions. 

Timetable: 

Action Date FR Cite 

No Further Action 08/10/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–AW95 

275. Implementation of Compatible 

Regulations With U.S. Virgin Islands 

Territorial Waters 

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

Abstract: At the June 2009 Council 

meeting, the Caribbean Fishery 

Management Council decided to amend 

the Fishery Management Plan for Queen 

Conch Resources of Puerto Rico and the 

U.S. Virgin Islands (U.S.V.I.) to establish 

compatible regulations with U.S.V.I. 

territorial regulations. Currently, fishing 

for and possession of Queen Conch is 

prohibited in the Exclusive Economic 

Zone, with the exception of an area 

known as Lang Bank east of St. Croix, 

which is open to harvest of Queen 

Conch from October 1 through June 30. 

In U.S.V.I. territorial waters, Queen 

Conch is managed under a 50,000- 

pound quota. This action implements 

compatible regulations which will close 

the harvest of Queen Conch in Federal 

waters, including Lang Bank, once the 

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

and the fishery is closed in territorial 

waters. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/20/11 76 FR 3596 

NPRM Comment 

Period End.

02/22/11 

Final Rule ............ 04/29/11 76 FR 23907 

Final Action—Correction.05/26/11 76 FR 30554 

Final Action Effective.05/31/11 

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–AY03 

276. Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2011 

to 2012 Biennial Specifications and 

Management Measures; FMP 

Amendment 16–5 and FMP Amendment 

23 

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

Abstract: This rule sets the 2011 to 

2012 harvest specifications and 

management measures for groundfish 

taken in the U.S. exclusive economic 

zone off the coasts of Washington, 

Oregon, and California. This rule also 

implements Pacific Coast Groundfish 

Fishery Management Plan Amendments 

16–5 and 23. 

Timetable: 

Action Date FR Cite 

Notice of Availability.10/01/10 75 FR 60709 

NPRM .................. 11/03/10 75 FR 67810 

Notice of Availability Comment 

Period End.

11/30/10 

NPRM Comment 

Period Extension.

12/03/10 75 FR 75449 

NPRM Comment 

Period End.

12/03/10 

NPRM Comment 

Period Extension Ends.

01/04/11 

Final Rule ............ 05/11/11 76 FR 27508 

Interim Final Rule 06/15/11 76 FR 34910 

Interim Final Rule 

Comment Period End.

07/15/11 

Final Action; Correcting Amendment.09/02/11 76 FR 54713 

Final Rule Effective.09/02/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 Sand 

Point Way NE., Seattle, WA 98115, 

Phone: 206 526–6142, Fax: 206 526– 

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

RIN: 0648–BA01 

277. Emergency Rule to Reopen the 

Recreational Red Snapper Season in 

the Gulf of Mexico 

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

Abstract: The Gulf of Mexico Fishery 

Management Council (Council) has 

requested that NOAA Fisheries Service 

publish an emergency rule that will 


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provide authority to the Regional 

Administrator to reopen the recreational 

red snapper season after the September 

30, 2010, end of the fishing season, if it 

is determined that landings during the 

June 1 to July 23 open season did not 

meet the quota. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/16/10 75 FR 49883 

NPRM Comment 

Period End.

08/31/10 

Final Emergency 

Rule.

09/24/10 75 FR 58335 

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–BA06 

278. 2011 Atlantic Bluefish 

Specifications 

Legal Authority: 16 U.S.C. 1801 

Abstract: This action establishes 2011 

Atlantic bluefish specifications, 

including State-by-State commercial 

quotas, a recreational harvest limit, and 

recreational possession limits for 

Atlantic bluefish off the east coast of the 

United States. The action also revises 

the Atlantic bluefish regulations for the 

specification of overall total allowable 

landings and the target fishing mortality 

rate to more clearly reflect the intent of 

the Atlantic Bluefish Fishery 

Management Plan. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/14/11 76 FR 2640 

NPRM Comment 

Period End.

01/31/11 

Final Action ......... 03/31/11 76 FR 17789 

Final Action Effective.05/02/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA26 

279. Implementation of a Recreational 

Seasonal Closure for Greater 

Amberjack; Regulatory Framework 

Action to the Fishery Management Plan 

for Reef Fish Resources of the Gulf of 

Mexico (FMP) 

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

Abstract: To reduce the probability of 

early in-season closures for recreational 

greater amberjack in the Gulf of Mexico, 

this rule closes the greater amberjack 

recreational fishing season annually 

from June 1 through July 31. The 

intended effect of this rule is to 

maintain the rebuilding plan targets for 

the overfished greater amberjack, 

prevent the annual catch limit from 

being exceeded, and maximize the 

number of fishing days available to the 

recreational sector. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/24/11 76 FR 4084 

NPRM Comment 

Period End.

02/23/11 

NPRM Comment 

Period Reopened.

03/10/11 76 FR 13122 

NPRM Reopened 

Comment Period End.

03/25/11 

Final Action ......... 04/29/11 76 FR 23904 

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–BA48 

280. Amendment 10 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of the 

amendment is to reduce the spatial and 

temporal coverage of the regulations 

proposed in Amendment 17A to the 

Snapper-Grouper FMP, based on the 

most recent scientific information 

concerning the red snapper stock in the 

South Atlantic. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/18/11 76 FR 9530 

NPRM Comment 

Period End.

03/21/11 

Final Action ......... 04/28/11 76 FR 23728 

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–BA51 

281. Amendment to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico to Set 

Total Allowable Catch for Red Snapper 

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

Abstract: This action adjusts the 

commercial and recreational quotas of 

red snapper to 3.66 and 3.525 MP, 

respectively, consistent with the 51:49 

ratio for the commercial and 

recreational allocation of red snapper 

established in Amendment 1 to the 

FMP. NOAA Fisheries Service will 

provide an estimated projection for the 

number of days in the 2011 recreational 

fishing season after the 2010 harvest 

numbers are received. 

In addition, NOAA Fisheries Service 

makes administrative adjustments to the 

reef fish individual fishing quota 

program via the authority in section 

305(d) of the Magnuson-Stevens Act. 

This action revises the definition of 

‘‘actual ex-vessel value’’ in section 622.2 

of the regulations. The intent of this 

revision is to allow NOAA Fisheries 

Service to more accurately analyze the 

total value of the Gulf red snapper and 

grouper and tilefish fisheries. Similarly, 

NOAA Fisheries Service revises 

regulations at section 622.16 and section 

622.20 to extend the existing 12-hour 

maintenance window with an 

additional 8 hours to allow for more 

time to conduct end of year 

maintenance. It also clarifies how 

fishermen can submit an IFQ landing 

notification during the maintenance 

window. 

Lastly, NOAA Fisheries Service 

removes an obsolete regulation. 

Regulations implementing Amendment 

30B to the FMP, removed the February 

15 to March 15 seasonal closure of the 

commercial sector of the Gulf reef fish 

fishery for gag, red grouper, and black 

grouper. However, NOAA Fisheries 

Service inadvertently did not remove 

section 622.45(c)(4) in the final rule for 

Amendment 30B, which includes the 

prohibition on the sale/purchase of gag, 

black grouper, or red grouper harvested 

from the Gulf by a vessel with a valid 

Federal commercial permit for Gulf reef 

fish from February 15 until March 15, 

each year. This action removes this 

obsolete paragraph. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 02/22/11 76 FR 9735 

NPRM Comment 

Period End.

03/24/11 

Final Action ......... 04/29/11 76 FR 23911 

Final Action Effective.05/31/11 

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–BA54 

282. Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Quotas and 

Atlantic Tuna Fisheries Management 

Measures 

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

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

Abstract: This action modifies 

Atlantic Bluefin Tuna (BFT) base quotas 

for all domestic fishing categories; 

establishes BFT quota specifications for 

the 2011 fishing year; reinstates pelagic 

longline target catch requirements for 

retaining BFT in the Northeast Distant 

Gear Restricted Area (NED); amends the 

Atlantic tunas possession-at-sea and 

landing regulations to allow removal of 

tail lobes; and clarifies the transfer-atsea regulations for Atlantic tunas. This 

action is necessary to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), as required by 

the Atlantic Tunas Convention Act 

(ATCA), and to achieve domestic 

management objectives under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). NMFS 

solicited written comments and held 

public hearings to receive oral 

comments on these actions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/14/11 76 FR 13583 

NPRM—Correction.03/21/11 76 FR 15276 

Notice of Public 

Meetings.

04/04/11 76 FR 18504 

NPRM Comment 

Period End.

04/28/11 

Final Action ......... 07/05/11 76 FR 39019 

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–BA65 

283. Catch Reporting Requirements in 

the Atlantic Herring Fishery 

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

Abstract: The goal of the catch 

reporting rulemaking is to improve 

monitoring of the Annual Catch Limit 

(ACL) and sub-ACLs for each 

management area in the Atlantic herring 

fishery. Requirements under 

consideration include: Daily reporting 

via vessel monitoring systems for 

limited access herring vessels; weekly 

reporting via the interactive voice 

response system for open access vessels; 

and weekly submission of vessel trip 

reports for limited access and/or open 

access vessels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/15/11 76 FR 34947 

NPRM Comment 

Period End.

06/30/11 

Final Action ......... 09/01/11 76 FR 54385 

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–BA79 

284. Framework Adjustment 1 to the 

Northeast Skate Complex FMP 

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

Abstract: Framework Adjustment 1 to 

the Skate FMP adjusts the possession 

limits for the skate wing fishery in order 

to slow the rate of skate wing landings, 

so that the available Total Allowable 

Landings limit (TAL) is taken by the 

fishery over a longer duration in the 

fishing year than occurred in 2010. The 

action also allows vessels that process 

skate wings at sea to land skate 

carcasses for sale into the bait market, 

without counting the carcass landings 

against the TAL (skate wings are already 

converted to live weight for monitoring). 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/04/11 76 FR 18505 

NPRM Comment 

Period End.

04/19/11 

Action Date FR Cite 

Final Action ......... 05/17/11 76 FR 28328 

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–BA91 

285. 2011 Summer Flounder, Scup, and 

Black Sea Bass Recreational 

Management Measures and Scup 

Specification Increase (Increased 2011 

Total Allowable Landings) 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rulemaking conducts 

two related actions. It publishes an 

increase to the previously established 

2011 scup TAC and TAL, and it 

proposes management measures to 

achieve recreational harvest limits for 

the 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 .................. 04/21/11 76 FR 22350 

NPRM Comment 

Period End.

05/23/11 

Final Action ......... 06/30/11 76 FR 38307 

Final Action Effective.08/01/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

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

RIN: 0648–BA92 

286. Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2011 

Tribal Fishery for Pacific Whiting 

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

Abstract: NMFS proposed this rule for 

the 2011 Pacific whiting tribal fishery 

under the authority of the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson Act). Through this 

action, NMFS establishes an interim 

2011 tribal whiting allocation, reporting 


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and closure regulations, and refine 

existing regulations on tribal whiting 

reapportionment. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/05/11 76 FR 18709 

NPRM Comment 

Period End.

04/19/11 

Final Action ......... 05/19/11 76 FR 28897 

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–BA95 

287. Permits for Capture, Transport, 

Import, and Export of Protected Species 

for Public Display, and for Maintaining 

a Captive Marine Mammal Inventory 

Legal Authority: 16 U.S.C. 1372(c) 

Abstract: This rule revises and 

simplifies criteria and procedures 

specific to permits for taking, 

transporting, importing, and exporting 

protected species for public display, and 

provides convenient formats for 

reporting marine mammal captive 

holdings and transports as required by 

amendments made in 1994 to the 

Marine Mammal Protection Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/03/01 66 FR 35209 

NPRM Comment 

Period Extended.

08/22/01 66 FR 44109 

NPRM Comment 

Period End.

09/04/01 

NPRM Comment 

Period Extended To.

11/02/01 

Withdrawn ........... 08/18/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802, Phone: 907 

586–7235, Fax: 301 713–2521, Email: 

michael.payne@noaa.gov. 

RIN: 0648–AH26 

288. Protective Regulations for Killer 

Whales in the Northwest Region Under 

the Endangered Species Act and Marine 

Mammal Protection Act 

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

seq.; 16 U.S.C. 1531 to 1543 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

whether to propose regulations to 

protect killer whales (Orcinus orca) in 

the Pacific Northwest. The Southern 

Resident killer whale distinct 

population segment (DPS) was listed as 

endangered under the Endangered 

Species Act (ESA) on November 18, 

2005 (70 FR 69903). In the final rule 

announcing the listing, NMFS identified 

vessel effects, including direct 

interference and sound, as a potential 

contributing factor in the recent decline 

of this population. Both the Marine 

Mammal Protection Act (MMPA) and 

the ESA prohibit take, including 

harassment, of killer whales, but these 

statutes do not prohibit specified acts. 

NMFS is now considering whether to 

propose regulations that would prohibit 

certain acts, under our general 

authorities under the ESA and MMPA 

and their implementing regulations. The 

Proposed Recovery Plan for Southern 

Resident killer whales (71 FR 69101; 

Nov. 29, 2006) includes as a 

management action the evaluation of 

current guidelines and the need for 

regulations and/or protected areas. The 

scope of this ANPRM encompasses the 

activities of any person or conveyance 

that may result in the unauthorized 

taking of killer whales and/or that may 

cause detrimental individual-level and 

population-level impacts. NMFS 

requests comments on whether—and if 

so, what type of—conservation 

measures, regulations, and, if necessary, 

other measures would be appropriate to 

protect killer whales from the effects of 

these activities. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/22/07 72 FR 13464 

ANPRM Comment 

Period End.

04/23/07 

NPRM .................. 07/29/09 74 FR 37674 

NPRM Comment 

Period Extended.

10/19/09 74 FR 53454 

NPRM Comment 

Period End.

10/27/09 

NPRM Extended 

Comment Period End.

01/15/10 

Final Action ......... 04/14/11 76 FR 20870 

Final Action Effective.05/16/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2332, Fax: 301 427– 

2520, Email: jim.lecky@noaa.gov. 

RIN: 0648–AV15 

289. Critical Habitat Designation for 

Cook Inlet Beluga Whale Under the 

Endangered Species Act 

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

Abstract: The National Marine 

Fisheries Service (NMFS) listed the 

Cook Inlet beluga whale Distinct 

Population Segment as endangered 

under the Endangered Species Act on 

October 22, 2008. NMFS is required to 

designate critical habitat no later than 

one year after the publication of a 

listing. NMFS published a proposed 

rule on December 2, 2009, and now 

needs to finalize the rule within one 

year from publication of the proposed 

rule (by December 2, 2010). 

Timetable: 

Action Date FR Cite 

ANPRM ............... 04/14/09 74 FR 17131 

ANPRM Comment 

Period End.

05/14/09 

NPRM .................. 12/02/09 74 FR 63080 

NPRM Comment 

Period Extended.

01/12/10 75 FR 1582 

NPRM Comment 

Period End.

02/01/10 

Final Action ......... 04/11/11 76 FR 20180 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–1401, Fax: 301 427– 

2523, Email: 

marta.nammack@noaa.gov. 

RIN: 0648–AX50 

290. Taking of Marine Mammals 

Incidental to Specified Activities; 

Taking Marine Mammals Incidental to 

Training Operations Conducted Within 

the Gulf of Mexico Range Complex 

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

Abstract: NMFS has received requests 

from the U.S. Navy (Navy) for 

authorizations for the take of marine 

mammals incidental to training and 

operational activities conducted by the 

Navy’s Atlantic Fleet within Gulf of 

Mexico (GOMEX) Range Complex for 

the period beginning December 3, 2009, 

and ending December 2, 2014. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS issues regulations to 

govern that take. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 07/14/09 74 FR 33960 

NPRM Comment 

Period End.

08/13/09 

Final Action ......... 02/17/11 76 FR 9250 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2332, Fax: 301 427– 

2520, Email: jim.lecky@noaa.gov. 

RIN: 0648–AX86 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Final Rule Stage 

291. Adjustment of USPTO Fees for 

Fiscal Year 2012 

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

376; 35 U.S.C. 120; 35 U.S.C. 41; 35 

U.S.C. 132(b) 

Abstract: The United States Patent 

and Trademark Office (USPTO) takes 

this action to adjust certain patent fee 

amounts for fiscal year 2012 to reflect 

fluctuations in the Consumer Price 

Index for All Urban Consumers (CPI–U). 

The patent statute provides for the 

annual CPI–U adjustment of patent fees 

set by statute to recover the higher costs 

associated with doing business. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/27/11 76 FR 37296 

NPRM Comment 

Period End.

07/27/11 

Final Rule ............ 12/00/11 

Final Rule Effective.12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313, Phone: 571 272– 

6299, Fax: 571 273–6299, Email: 

walter.schlueter@uspto.gov. 

RIN: 0651–AC44 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Completed Actions 

292. Revision of USPTO Fees for Fiscal 

Year 2011 

Legal Authority: 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; 35 U.S.C. 132(b); 35 

U.S.C. 120; 35 U.S.C. 119; 35 U.S.C. 41; 

35 U.S.C. 376 

Abstract: The United States Patent 

and Trademark Office (USPTO) takes 

this action to adjust certain patent and 

trademark fee amounts set in the 

aggregate to recover the estimated cost 

to the USPTO for processing activities 

and services and materials relating to 

patents and trademarks, respectively, 

including proportionate shares of the 

administrative costs of the USPTO. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 07/15/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313, Phone: 571 272– 

6299, Fax: 571 273–6299, Email: 

walter.schlueter@uspto.gov. 

RIN: 0651–AC43 

[FR Doc. 2012–1641 Filed 2–10–12; 8:45 am] 

BILLING CODE 3510–12–P 


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Vol. 77 Monday, 

No. 29 February 13, 2012 

Part V 

Department of Defense 

Semiannual Regulatory Agenda 


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