9548 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

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

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

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

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

Fall 2023 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Commerce), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to pre-rulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the spring 2023 agenda. 

The purpose of the Agenda is to provide 

information to the public on regulations 

that are currently under review, being 

proposed, or recently issued by 

Commerce. It is expected that this 

information will enable the public to 

participate more effectively in the 

Department’s regulatory process. 

Commerce’s fall 2023 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period November 1, 2023, 

through October 31, 2024. 

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 Candida Harty, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230, telephone: 202–482–3410. 

SUPPLEMENTARY INFORMATION: Commerce 

hereby publishes its fall 2023 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. 

By memorandum of July 19, 2023, the 

Office of Management and Budget 

issued guidelines and procedures for the 

preparation and publication of the fall 

2023 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. 

The internet is the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

In this edition of Commerce’s 

regulatory agenda, a list of the most 

important significant regulatory and 

deregulatory actions and a Statement of 

Regulatory Priorities are included in the 

Regulatory Plan, which appears in both 

the online Unified Agenda and in part 

II of the issue of the Federal Register 

that includes the Unified Agenda. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act, Commerce’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. In addition, for fall editions of 

the Agenda, Commerce’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within Commerce, the Office of the 

Secretary and various operating units 

may issue regulations. Among these 

operating units, the National Oceanic 

and Atmospheric Administration 

(NOAA), the Bureau of Industry and 

Security, and the Patent and Trademark 

Office issue the greatest share of 

Commerce’s regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

NMFS’ programs, an ‘‘Explanation of 

Information Contained in NMFS 

Regulatory Entries’’ is provided below. 

Explanation of Information Contained 

in NMFS Regulatory Entries 

The Magnuson-Stevens Fishery 

Conservation and Management Act (16 

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

the management of fisheries within the 

Exclusive Economic Zone of the United 

States (EEZ). The EEZ refers to those 

waters from the outer edge of the State 

boundaries, generally 3 nautical miles, 

to a distance of 200 nautical miles. For 

fisheries that require conservation and 

management measures, eight Regional 

Fishery Management Councils 

(Councils) prepare and submit to NMFS 

Fishery Management Plans (FMPs) for 

the fisheries within their respective 

areas in the EEZ. Membership of these 

Councils is comprised of representatives 

of the commercial and recreational 

fishing sectors in addition to 

environmental, academic, and 

government interests. Council members 

are nominated by the governors and 

ultimately appointed by the Secretary of 

Commerce. The Councils are required 

by law to conduct public hearings on 

the development of FMPs and FMP 

amendments. Consistent with 

applicable law, environmental and other 

analyses are developed that consider 

alternatives to proposed actions. 

Pursuant to the Magnuson-Stevens 

Act, the Councils also recommend 

actions to NMFS deemed necessary or 

appropriate to implement FMPs. The 

proposed regulations, FMPs, and FMP 

amendments are subject to review and 

approval by NMFS, based on 

consistency with the Magnuson-Stevens 

Act and other applicable law. The 

Council process for developing FMPs 

and amendments makes it difficult for 

NMFS to determine the significance and 

timing of some regulatory actions under 

consideration by the Councils at the 

time the semiannual regulatory agenda 

is published. 

Commerce’s fall 2023 regulatory 

agenda follows. 

Leslie Kiernan, 

General Counsel. 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9549 

GENERAL ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

255 .................... Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures.0605–AA60 

GENERAL ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

256 .................... Securing the Information and Communications Technology and Services Supply Chain .............................. 0605–AA51 

INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

257 .................... Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential 

Proclamation 10414.

0625–AB21 

BUREAU OF INDUSTRY AND SECURITY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

258 .................... Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious CyberEnabled Activities.0694–AJ35 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

260 .................... Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (Reg Plan Seq No. 13).0648–BG11 

261 .................... Amendment 126 to the Fishery Management Plans for Groundfish of the Bering Sea/Aleutian Islands 

Management Area and Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf of 

Alaska.

0648–BM40 

262 .................... Amendment 16 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska; Cook 

Inlet.

0648–BM42 

263 .................... Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery Vessel 

Tracking for the Federal American Lobster Fishery.

0648–BM38 

264 .................... Atlantic Highly Migratory Species; Electronic Reporting Requirements .......................................................... 0648–BM23 

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

Tuna Treaty.

0648–BG04 

266 .................... Amendment 56 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico: 

Modifications to Catch Limits, Sector Allocation, and Recreational Fishing Seasons for Gulf of Mexico 

Gag.

0648–BM46 

267 .................... Notice of Proposed Rulemaking for the Designation Pacific Remote Islands National Marine Sanctuary .... 0648–BM52 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

269 .................... Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule (Reg Plan Seq No. 14) ...... 0648–BI88 

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

271 .................... Designation of Critical Habitat for Nassau Grouper Under the Endangered Species Act .............................. 0648–BL53 

272 .................... Designation of Marine Critical Habitat for Six Distinct Population Segments of Green Sea Turtles Under 

the Endangered Species Act.

0648–BL82 

273 .................... Designation of Critical Habitat for Rice’s Whale Under the Endangered Species Act ................................... 0648–BL86 

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

Whales in Commercial Trap/Pot Fisheries Along the U.S. East Coast.

0648–BM31 


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9550 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

275 .................... Amendment 123 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 

Management Area; Halibut Abundance-Based Management of Amendment 80 Prohibited Species 

Catch Limit.

0648–BL42 

276 .................... Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BL95 

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

278 .................... Atlantic Highly Migratory Species; Prohibiting Retention of Oceanic Whitetip Sharks in U.S. Atlantic 

Waters and Hammerhead Sharks in the Caribbean Sea.

0648–BK54 

279 .................... Atlantic Highly Migratory Species; Amendment 16 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan.0648–BM08 

280 .................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort 

Limits in Purse Seine Fisheries.

0648–BL25 

281 .................... Amendment 51 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic 

Region (Amendment 51).

0648–BM03 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Seafood.

0648–BH87 

283 .................... Seafood Import Permitting and Reporting Procedures .................................................................................... 0648–BK85 

284 .................... Rulemaking to Modify the 2023–2027 Halibut Individual Fishing Quota (IFQ) Vessel Harvest Limitations in 

IFQ Regulatory Areas 4A, 4B, 4C, and 4D.

0648–BM18 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

285 .................... Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska .............. 0648–BK31 

286 .................... Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 

Management Area; Pacific Cod Trawl Cooperative Program.

0648–BL08 

287 .................... Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Consideration of Expanded Harvester and Biological Sampling Requirements for American Lobster.0648–BF01 

288 .................... Atlantic Highly Migratory Species; Atlantic Bluefin Tuna General Category Restricted-Fishing Days for 

2023.

0648–BL94 

289 .................... Fish Aggregating Device Design Requirements in Purse Seine Fisheries, IMO Number Requirements, and 

Bycatch Restrictions.

0648–BI79 

290 .................... Interim Measures to Reduce Overfishing of Gulf of Mexico Gag ................................................................... 0648–BL89 

291 .................... Amendment 54 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico: 

Modifications to the Greater Amberjack Catch Limits, Sector Allocation, and Rebuilding Plan.

0648–BM00 

292 .................... Amendment 53 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic 

Region (Amendment 53).

0648–BM27 

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

294 .................... 2023 Pacific Whiting Harvest Specifications and Interim Tribal Allocation; Pacific Coast Groundfish ........... 0648–BM07 

PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

295 .................... Setting and Adjusting Patent Fees (Reg Plan Seq No. 17) ........................................................................... 0651–AD64 

296 .................... Setting and Adjusting Trademark Fees (Reg Plan Seq No. 18) .................................................................... 0651–AD65 

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


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9551 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Proposed Rule Stage 

255. Securing the Information and 

Communications Technology and 

Services Supply Chain: Licensing 

Procedures [0605–AA60] 

Legal Authority: Not Yet Determined 

Abstract: The Department is seeking 

public input regarding establishing a 

licensing process for entities to seek preapproval before engaging in or 

continuing to engage in potentially 

regulated ICTS Transactions under the 

‘‘Securing the Information and 

Communications Technology and 

Services Supply Chain’’ rule. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/29/21 86 FR 16312 

ANPRM Comment 

Period End.

04/28/21 

NPRM .................. 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Katelyn Christ, 

Department of Commerce, 1401 

Constitution Avenue, Washington, DC 

20230, Phone: 202 482–3064, Email: 

katelyn.christ@bis.doc.gov. 

RIN: 0605–AA60 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Final Rule Stage 

256. Securing the Information and 

Communications Technology And 

Services Supply Chain [0605–AA51] 

Legal Authority: 50 U.S.C. 1701; 3 

U.S.C. 301 

Abstract: Pursuant to Executive Order 

13873 of May 15, 2019, ‘‘Securing the 

Information and Communications 

Technology and Services Supply 

Chain,’’ (Executive Order) the 

Department of Commerce (the 

Department) is implementing the 

process and procedures that the 

Secretary of Commerce (Secretary) will 

use to identify, assess, and address 

transactions that pose an undue risk to 

the security, integrity, and reliability of 

information and communications 

technology and services provided and 

used in the United States. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/27/19 84 FR 65316 

NPRM Comment 

Period End.

12/27/19 

Action Date FR Cite 

Interim Final Rule 01/19/21 86 FR 4909 

Interim Final Rule 

Comment Period End.

03/22/21 

Interim Final Rule 

Effective Date.

03/22/21 

Final Action ......... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Katelyn Christ, 

Department of Commerce, 1401 

Constitution Avenue, Washington, DC 

20230, Phone: 202 482–3064, Email: 

katelyn.christ@bis.doc.gov. 

RIN: 0605–AA51 

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Final Rule Stage 

257. Procedures Covering Suspension of 

Liquidation, Duties and Estimated 

Duties in Accord With Presidential 

Proclamation 10414 [0625–AB21] 

Legal Authority: Proc 10414, 87 FR 

35067; 19 U.S.C. 1318 

Abstract: In accordance with 

Presidential Proclamation 10414 and 

pursuant to its authority under Section 

318(a) of the Tariff Act of 1930, as 

amended (the Act), the Department of 

Commerce (Commerce) is issuing this 

final rule to implement Proclamation 

10414. Specifically, Commerce is 

issuing a new rule that, in the event of 

an affirmative preliminary or final 

determination in the antidumping and 

countervailing duty (AD/CVD) 

circumvention inquiries described 

below, under Title VII of the Act, 

extends the time for, and waives, the 

suspension of liquidation, the 

application of certain AD/CVD duties, 

and the collection of cash deposits on 

applicable entries of certain crystalline 

silicon photovoltaic cells, whether or 

not assembled into modules, that are 

completed in the Kingdom of Cambodia 

(Cambodia), Malaysia, the Kingdom of 

Thailand (Thailand), and the Socialist 

Republic of Vietnam (Vietnam) using 

parts and components manufactured in 

the People’s Republic of China (China), 

and that are not already subject to an 

antidumping or countervailing duty 

order. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/01/22 87 FR 39426 

NPRM Comment 

Period End.

08/01/22 

Final Action ......... 09/16/22 87 FR 56868 

Action Date FR Cite 

Final Action Effective.11/15/22 

Next Action Undetermined.11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Nikki Kalbing, 

Department of Commerce, International 

Trade Administration, Washington, DC 

20230, Phone: 202 717–3147, Email: 

nikki.kalbing@trade.gov. 

RIN: 0625–AB21 

DEPARTMENT OF COMMERCE (DOC) 

Bureau of Industry and Security (BIS) 

Proposed Rule Stage 

258. • Taking Additional Steps To 

Address the National Emergency With 

Respect to Significant Malicious CyberEnabled Activities [0694–AJ35] 

Legal Authority: 50 U.S.C. 1701 et 

seq.; 50 U.S.C. 1601 et seq.; E.O. 13873, 

84 FR 22689; E.O. 13984, 86 FR 6837 

Abstract: Executive Order 13984 of 

January 19, 2021, Taking Additional 

Steps To Address the National 

Emergency With Respect to Significant 

Malicious Cyber-Enabled Activities, 

(E.O. 13984 or the E.O.) directs the 

Secretary of Commerce (Secretary) to 

propose regulations requiring certain 

providers and resellers of certain 

Infrastructure as a Service (IaaS) 

products to verify the identity of their 

foreign customers permitting the 

Secretary, in consultation with 

Secretary of Defense, the Attorney 

General, the Secretary of Homeland 

Security, and the Director of National 

Intelligence, to grant exemptions to the 

verification requirement; and 

authorizing the Secretary to impose 

special measures on providers with 

regard to certain foreign jurisdictions or 

foreign persons. The Department of 

Commerce (Department) issues this 

notice of proposed rulemaking (NPRM) 

to solicit comment on proposed 

regulations to implement Sections 1, 2, 

and 5 of E.O. 13984. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 


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I I 

I I I I 
9552 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

Agency Contact: Katelyn Christ, 

Department of Commerce, 1401 

Constitution Avenue, Washington, DC 

20230, Phone: 202 482–3064, Email: 

katelyn.christ@bis.doc.gov. 

RIN: 0694–AJ35 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

259. Designation of Critical Habitat for 

Threatened Indo-Pacific Reef-Building 

Corals [0648–BJ52] 

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

Abstract: On November 27, 2020, we, 

NMFS, published in the Federal 

Register a proposal to designate 17 

island units of critical habitat in the 

Pacific Islands Region for 7 Indo-Pacific 

coral species listed under the 

Endangered Species Act (ESA). Based 

on public comments and new 

information regarding the interpretation 

of the records of the listed corals and 

application to critical habitat, a 

substantial revision of the proposed rule 

is warranted. Accordingly, we are 

withdrawing the 2020 proposed rule 

and publishing this new proposed rule. 

We propose to designate critical habitat 

for five of the seven coral species that 

were addressed in the 2020 proposed 

rule: Acropora globiceps, Acropora 

retusa, Acropora speciosa, Euphyllia 

paradivisa, and Isopora crateriformis. 

Proposed critical habitat includes 16 

island units encompassing 

approximately 251 square kilometers 

(km2; 97 square miles, mi2) of marine 

habitat. In the development of this 

proposed rule, NMFS considered 

economic, national security, and other 

relevant impacts of the proposed 

designations, but we are not proposing 

to exclude any areas from the critical 

habitat designations due to anticipated 

impacts. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

01/26/21 

NPRM Comment 

Period Extended.

12/23/20 85 FR 83899 

NPRM Comment 

Period Extended End.

02/25/21 

Second NPRM 

Comment Period Extended.

02/09/21 86 FR 8749 

Action Date FR Cite 

Second Extended 

Comment Period End.

03/27/21 

Third NPRM 

Comment Period Extended.

03/29/21 86 FR 16325 

Third NPRM 

Comment Period Extended 

End.

05/26/21 

Second NPRM .... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BJ52 

260. Illegal, Unreported, and 

Unregulated Fishing; Fisheries 

Enforcement; High Seas Driftnet Fishing 

Moratorium Protection Act [0648– 

BG11] 

Regulatory Plan: This entry is Seq. 

No. 13 in part II of this issue of the 

Federal Register. 

RIN: 0648–BG11 

261. • Amendment 126 to the Fishery 

Management Plans for Groundfish of 

the Bering Sea/Aleutian Islands 

Management Area and Amendment 114 

to the Fishery Management Plan for 

Groundfish of the Gulf of Alaska [0648– 

BM40] 

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

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council, this 

proposed rule would implement 

electronic monitoring for catcher vessels 

using pelagic trawl gear to harvest 

pollock and tender vessels delivering to 

processing plants in the Gulf of Alaska 

and the Bering Sea. The proposed action 

would implement a voluntary 

monitoring option that would allow a 

vessel to elect to use an electronic 

monitoring system accompanied by 

shoreside observers for biological data 

collections instead of carrying an at-sea 

observer under the North Pacific 

Observer Program. The purpose of this 

action is to advance cost efficiency and 

compliance monitoring through 

improved salmon accounting and 

reduced monitoring costs. This 

proposed action is needed to modify the 

current retention and discard 

requirements to allow participating 

catcher vessels to maximize retention of 

all species caught for the use of 

electronic monitoring as a compliance 

tool on trawl catcher vessels in the 

North Pacific Observer Program and 

meet monitoring objectives on trawl 

catcher vessels in the Bering Sea and 

Gulf of Alaska pelagic pollock fisheries. 

This proposed action will likely affect 

catcher vessels, tenders, and shoreside 

processors participating in the directed 

pelagic trawl pollock fishery in the 

Bering Sea and Gulf of Alaska. For this 

proposed action, NMFS uses authority 

under Section 304(b)(1)(A) and Section 

313 of the Magnuson-Stevens Fishery 

Conservation and Management Act. The 

Council and NMFS developed the 

elements of this rule over several years 

based on feedback and public 

involvement in the North Pacific 

Fishery Management Council’s Trawl 

Electronic Monitoring Committee 

process. NMFS will also hold public 

hearings in the states of Washington, 

Oregon, and Alaska to receive 

additional public input during the 

comment period on the proposed rule. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BM40 

262. • Amendment 16 to the Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ Off Alaska; Cook 

Inlet [0648–BM42] 

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

Abstract: If approved, this action 

(Amendment 16) would incorporate the 

Cook Inlet EEZ into the Alaska Salmon 

FMP, thereby bringing the Cook Inlet 

EEZ and the salmon fisheries that occur 

within it under Federal management by 

the North Pacific Fishery Management 

Council (Council) and NMFS. 

Previously, the Cook Inlet EEZ was not 

included in a Federal fishery 

management plan (FMP), deferring 

management to the State of Alaska 

(State). Commercial fishermen 

challenged this as inconsistent with the 

Magnuson-Stevens Act (MSA). 

Ultimately, the Ninth Circuit held that 

the Cook Inlet EEZ must be included in 

an FMP. The Council previously took 

action to address this issue in 2020 and 

NMFS implemented their 

recommendation as Amendment 14, 


ddrumheller on DSK120RN23PROD with PROPOSALS4
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9553 

which closed the Federal area to 

commercial salmon fishing. 

Amendment 14 was challenged by 

commercial fishermen and vacated. A 

new amendment addressing the area 

must be promulgated by May 1, 2024. 

Four management alternatives were 

considered: (1) no action, (2) delegating 

management authority to the State 

consistent with the MSA, (3) Federal 

management, and (4) Federal 

management that closes the area to 

commercial salmon fishing. Alternatives 

1 and 4 were not viable given the court 

rulings, and the State would not accept 

delegated management. This left 

Alternative 3 as the only viable 

alternative. However, the Council did 

not take action and, NMFS must now 

take action through a Secretarial FMP 

amendment pursuant to MSA section 

304(c) to meet the court’s deadline. 

NMFS will implement Alternative 3 to 

federally manage all salmon fishing in 

the Cook Inlet EEZ. Federal 

management may reduce commercial 

salmon harvest in the EEZ area as a 

result of increased scientific and 

management uncertainty. Additional 

litigation is expected from commercial 

fishermen. NMFS developed the 

elements of this rule with input from 

the public during two North Pacific 

Fishery Management Council meetings, 

a virtual public hearing, and multiple 

meetings and consultations with Tribal 

entities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/19/23 88 FR 72314 

NPRM Comment 

Period End.

12/18/23 

Final Action ......... 01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BM42 

263. • Atlantic Coastal Fisheries 

Cooperative Management Act 

Provisions; American Lobster Fishery 

Vessel Tracking for the Federal 

American Lobster Fishery [0648–BM38] 

Legal Authority: 16 U.S.C. 71 

Abstract: The Atlantic States Marine 

Fisheries Commission, the body 

responsible for the interstate 

management of the American lobster 

fishery, recently approved Addendum 

XXIX to Amendment 3 to the Interstate 

Fishery Management Plan for American 

Lobster, which requires electronic 

tracking of vessels participating in the 

fishery, with state implementation 

beginning in 2023. The Commission is 

made up of representatives from each of 

the eastern coastal states, including 

members of the lobster industry, and 

voted unanimously in support of vessel 

tracking, which is similar to global 

positioning system (GPS) capabilities on 

a cellular/mobile telephone. These data 

are critical to improving stock 

assessments, informing discussions and 

management decisions related to 

protected species and marine spatial 

planning, and enhancing offshore 

enforcement. NOAA Fisheries is 

proposing complementary Federal 

regulations under the Atlantic Coastal 

Fisheries Cooperative Management Act, 

this would consider revising to 

regulations under 50 CFR 697. Federal 

fiscal year 2022 appropriations included 

approximately $14 million in assistance 

for lobster permit holders to comply 

with recent North Atlantic right whale 

risk reduction measures, including 

implementing electronic tracking 

requirements within the Northeast 

lobster fishery States have indicated 

they intend to use a portion of this 

money to defray the costs associated 

with the vessel tracking program, either 

through reimbursement or the bulk 

purchase and distribution of devices. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BM38 

264. Atlantic Highly Migratory Species; 

Electronic Reporting Requirements 

[0648–BM23] 

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

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

Abstract: Atlantic highly migratory 

species (HMS) are managed under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, 16 U.S.C. 1801 et seq., and the 

Atlantic Tunas Convention Act (ATCA), 

id. 971 et seq., the implementing statute 

for binding recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas. The 

ANPRM considered options to: (1) 

streamline logbook reporting by 

converting existing commercial paper 

logbooks to electronic logbooks; (2) 

expand logbook reporting to recreational 

and commercial permit holders via 

electronic logbooks, to be consistent 

with Agency efforts in other fisheries 

and to augment data collected for 

fishery management; (3) collect 

additional information through existing 

electronic reporting mechanisms for 

dealers and recreational permit holders 

to augment data collected for fishery 

management; and (4) facilitate HMS 

reporting including considering ways to 

incentivize reporting compliance (or 

penalize noncompliance) and offering 

an electronic reporting platform for 

HMS Exempted Fishing Permit Program 

permit holders. This action is being 

taken pursuant to the rulemaking 

authority under section 304(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 16 

U.S.C. 1854(c). The ANPRM comment 

period ended in August 2023. The 

comments received provide helpful 

feedback on the potential issues and 

ways forward, which are under 

consideration by the Agency. The 

Agency’s proposed actions for this 

rulemaking will be based in part on 

feedback and public comments received 

on the ANPRM. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 05/12/23 88 FR 30699 

ANPRM Comment 

Period End.

08/18/23 

NPRM .................. 06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BM23 

265. International Fisheries; South 

Pacific Tuna Fisheries; Implementation 

of Amendments to the South Pacific 

Tuna Treaty [0648–BG04] 

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

Abstract: Under authority of the 

South Pacific Tuna Act of 1988, this 

rule would implement recent 

amendments to the Treaty on Fisheries 

between the Governments of Certain 

Pacific Island States and the 

Government of the United States of 

America (also known as the South 


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Pacific Tuna Treaty). The rule would 

include modification to the procedures 

used to request licenses for U.S. vessels 

in the western and central Pacific Ocean 

purse seine fishery, including changing 

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

modifications to existing reporting 

requirements for purse seine vessels 

fishing in the western and central 

Pacific Ocean. The rule would 

implement only those aspects of the 

Treaty amendments that can be 

implemented under the existing South 

Pacific Tuna Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sarah Malloy, Acting 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

sarah.malloy@noaa.gov. 

RIN: 0648–BG04 

266. • Amendment 56 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico: 

Modifications to Catch Limits, Sector 

Allocation, and Recreational Fishing 

Seasons for Gulf of Mexico Gag [0648– 

BM46] 

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

Abstract: Reef Fish Amendment 56 

and the proposed rule would modify the 

status determination criteria, optimum 

yield, sector catch limits and catch 

targets and establish a rebuilding 

timeline for Gulf gag based on the most 

recent stock assessment (Southeast Data 

Assessment and Review (SEDAR) 72) 

and recommendations from the Gulf of 

Mexico Fishery Management Council’s 

Scientific and Statistical Committee. 

The amendment and rule would also 

modify the recreational accountability 

measures and fishing season. The stock 

assessment indicated that Gulf gag is 

overfished and was undergoing 

overfishing as of 2019, and that a 

substantial reduction in the total 

allowable harvest is necessary to rebuild 

the stock. The amendment and 

proposed rule would also modify the 

allocation between the commercial and 

recreational sectors using adjusted 

recreational landings estimates. The 

need for this action is to use the best 

scientific information available to end 

overfishing of Gulf gag and rebuild the 

stock to a level commensurate with 

maximum sustainable yield, consistent 

with the requirements of the MagnusonStevens Fishery Conservation and 

Management Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/18/23 88 FR 71812 

NPRM Comment 

Period End.

12/18/23 

Final Action ......... 01/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Regional Administrator, 

Southeast Region, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5305, Email: 

andy.strelcheck@noaa.gov. 

RIN: 0648–BM46 

NOS/ONMS 

267. • Notice of Proposed Rulemaking 

for the Designation Pacific Remote 

Islands National Marine Sanctuary 

[0648–BM52] 

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

Abstract: NOAA’s Office of National 

Marine Sanctuaries is considering a 

proposed rule designating a national 

marine sanctuary in the waters 

surrounding the Pacific Remote Islands. 

This proposed rule for designation 

under the National Marine Sanctuaries 

Act would supplement the existing 

National Marine Monument and further 

protect and conserve the natural 

environment and cultural heritage of the 

Pacific Remote Islands for future 

generations. 

Timetable: 

Action Date FR Cite 

Notice .................. 04/18/23 88 FR 23624 

Comment Period 

End.

06/02/23 

NPRM .................. 04/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jessica Kondel, 

Policy and Planning Division Chief, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1305 East West 

Highway, Building SSMC4, Silver 

Spring, MD 20910, Phone: 240 676– 

4646. 

RIN: 0648–BM52 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Fisheries Service 

268. Designation of Critical Habitat for 

the Threatened Caribbean Corals 

[0648–BG26] 

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

Abstract: NMFS listed 5 Caribbean 

corals as threatened under the 

Endangered Species Act on October 10, 

2014. Critical habitat shall be designated 

to the maximum extent prudent and 

determinable at the time a species is 

proposed for listing (50 CFR 424.12). We 

concluded that critical habitat was not 

determinable for the 5 corals at the time 

of listing. However, we anticipated that 

critical habitat would be determinable 

in the future given on-going research. 

We, therefore, announced in the final 

listing rules that we would propose 

critical habitat in separate rulemakings. 

This rule proposes to designate critical 

habitat for the 5 Caribbean coral species 

listed in 2014. A separate proposed 

critical habitat rule is being prepared for 

the 15 Indo-Pacific corals listed as 

threatened in 2014. The proposed 

designation for the Caribbean corals 

may include marine waters in Florida, 

Puerto Rico, US Virgin Islands, Navassa 

Island, and Flower Garden Banks 

containing essential features that 

support all stages of life history of the 

corals. The proposed rule is not likely 

to have an annual effect on the economy 

of $100 million or more or adversely 

affect the economy. NMFS has 

contacted the Departments of the Navy, 

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

Coast Guard requesting information 

related to potential national security 

impacts that may result from the critical 

habitat designation. Based on 

information provided, we concluded 

that there will be an impact on national 

security in only 1 area offshore Dania 

Beach, FL, and will propose to exclude 

it from the designations. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

01/26/21 

Final Rule ............ 08/09/23 88 FR 54026 

Final Action Effective.09/08/23 

Correction ............ 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 


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Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BG26 

269. Amendments to the North Atlantic 

Right Whale Vessel Strike Reduction 

Rule [0648–BI88] 

Regulatory Plan: This entry is Seq. 

No. 14 in part II of this issue of the 

Federal Register. 

RIN: 0648–BI88 

270. Establishment of Time-Area 

Closures for Hawaiian Spinner 

Dolphins Under the Marine Mammal 

Protection Act [0648–BK04] 

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

Abstract: This rulemaking action 

under the Marine Mammal Protection 

Act (MMPA) will establish mandatory 

time-area closures of Hawaiian spinner 

dolphins’ essential daytime habitats at 

five selected sites in the Main Hawaiian 

Islands (MHI). In considering public 

comments in response to a separate 

proposed rule related to spinner 

dolphin interactions (81 FR 57854), 

NMFS intends these regulatory 

measures to prevent take of Hawaiian 

spinner dolphins from occurring in 

inshore marine areas at essential 

daytime habitats, and where high levels 

of disturbance from human activities are 

most prevalent. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/28/21 86 FR 53844 

NPRM Comment 

Period End.

12/27/21 

Final Action ......... 06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BK04 

271. Designation of Critical Habitat for 

Nassau Grouper Under the Endangered 

Species Act [0648–BL53] 

Legal Authority: 16 U.S.C. 1533 

Abstract: This rulemaking will 

designate critical habitat for the 

threatened Nassau grouper pursuant to 

section 4 of the Endangered Species Act 

(ESA). Specific occupied areas under 

consideration as critical habitat for this 

species include approximately 2,352.27 

sq. kilometers (908.22 sq. miles) of 

marine habitat located in waters off 

southeastern coast of Florida, Puerto 

Rico, Navassa, and the United States 

Virgin Islands (USVI). For this critical 

habitat designation, the incremental 

costs of the rule are anticipated to be 

limited to the additional administrative 

effort required for section 7 

consultations to consider impacts to the 

critical habitat. We have contacted the 

Departments of the Navy, Air Force, and 

Army as well as the U.S. Coast Guard 

requesting information related to 

potential national security impacts that 

may result from the critical habitat 

designation. Based on information they 

provided, national security impacts are 

not expected to arise as a result of this 

rule. NMFS also contacted the 

Department of Defense (DoD) to 

determine if any areas controlled by the 

DoD coincide with any of the areas 

under consideration for critical habitat, 

and none were found that would result 

in not designating critical habitat 

pursuant to section 4(a)(3)(B)(i) of the 

ESA. This rule is consistent with 

existing critical habitat regulations in 

the application of the ESA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/17/22 87 FR 62930 

NPRM Comment 

Period End.

12/16/22 

Final Action ......... 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BL53 

272. Designation of Marine Critical 

Habitat for Six Distinct Population 

Segments of Green Sea Turtles Under 

the Endangered Species Act [0648– 

BL82] 

Legal Authority: 16 U.S.C. 1533 

Abstract: In 2012, NMFS and U.S. 

Fish and Wildlife Service (USFWS; 

collectively, the Services) were 

petitioned to identify and list distinct 

population segments (DPSs) of green sea 

turtles under section 4 of the 

Endangered Species Act (ESA; 16 U.S.C. 

1533). In 2016, the Services listed six 

DPSs of green sea turtles occurring in 

U.S. waters, which triggered the 

requirement, under ESA section 4, to 

designate critical habitat to the 

maximum extent prudent and 

determinable for those DPSs. The 

Services did not do so within the 

statutory deadline, and subsequently 

entered into a settlement agreement to 

submit to the Office of the Federal 

Register for publication a proposed 

determination concerning the 

designation of critical habitat for the six 

DPSs by June 30, 2023. The rule would 

propose to designate critical habitat 

containing reproductive, migratory, 

foraging and resting features in waters 

from 0 to 20 m depth. The economic 

impact will affect Federal agencies, who 

are required under section 7 of the ESA 

to consult with the Services on their 

actions that may affect listed species 

and designated critical habitat. NMFS is 

working with the Department of Defense 

and Department of Homeland Security 

to review potential national security 

impacts. Regarding Broadening Public 

Participation and Community 

Engagement in the Regulatory Process, 

we are providing six (3 virtual, 3 inperson) public hearings. We will have 

Spanish at 2 virtual public hearings. 

Samoan, Chamorro, or Carolinian 

cultural liaisons are providing 

facilitation and translation at the 3 inperson public hearings. This is part of 

a pilot project meant to address requests 

made during the public comment period 

for NMFS’ Equity and Environmental 

Justice Strategy. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/19/23 88 FR 46572 

NPRM Comment 

Period End.

10/17/23 

Final Action ......... 07/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BL82 

273. Designation of Critical Habitat for 

Rice’s Whale Under the Endangered 

Species Act [0648–BL86] 

Legal Authority: 16 U.S.C. 1533; 16 

U.S.C. 1532 

Abstract: Gulf of Mexico Bryde’s 

whales (Balaenoptera edeni) were listed 

as endangered under the Endangered 

Species Act (ESA) by the National 

Marine Fisheries Service (NMFS) 

effective April 15, 2019 (84 FR 15446). 

On October 22, 2021, NMFS published 


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a final rule that revised the listing of 

Gulf of Mexico Bryde’s whales to reflect 

the scientifically accepted taxonomy 

and nomenclature of the species (86 FR 

47022). The revised common name for 

this species is Rice’s whale and the 

scientific name is Balaenoptera ricei. 

The ESA requires that critical habitat be 

designated to the maximum extent 

prudent and determinable at the time a 

species is listed (16 U.S.C. 1533(a)(3)(i)). 

NMFS concluded that critical habitat 

was not yet determinable for the Rice’s 

whale at the time of listing. However, 

NMFS indicated that they anticipated 

critical habitat would be determinable 

in the future given on-going research. 

NMFS, therefore, announced in the final 

listing rule that they would propose 

critical habitat in a separate rulemaking. 

This rule proposes to designate critical 

habitat for the endangered Rice’s whale 

as one specific area within the Gulf of 

Mexico that extends from the TexasMexico border in the west to the Florida 

Keys in the east and lies between the 

100m and 400m isobaths. NMFS will 

consult with the Department of Defense 

to assess any potential national security 

impacts as a result of the proposed 

critical habitat designation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/24/23 88 FR 47453 

NPRM Comment 

Period End.

09/22/23 

NPRM Comment 

Period Extension.

10/06/23 88 FR 62522 

Final Action ......... 06/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BL86 

274. • Atlantic Large Whale Take 

Reduction Plan Modifications To 

Reduce Serious Injury and Mortality of 

Large Whales in Commercial Trap/Pot 

Fisheries Along the U.S. East Coast 

[0648–BM31] 

Legal Authority: 16 U.S.C. 1387 

Abstract: The National Marine 

Fisheries Service (NMFS) is proposing a 

rule under the Atlantic Large Whale 

Take Reduction Plan (ALWTRP or Plan) 

to reduce the risk of North Atlantic right 

whale entanglement in commercial trap/ 

pot fisheries along the U.S. East Coast. 

The proposed rule would modify the 

boundaries of the Massachusetts 

Restricted Area (MRA) to include a 200 

square miles area known as the MRA 

Wedge to fill a gap in protections that 

occurs during the implementation of the 

current closure in Federal waters from 

February through April every year. This 

small gap area was inadvertently created 

by a 2021 modification to an existing 

MRA seasonal closure to buoy lines 

which mirrored a state water closure 

enacted by Massachusetts in early 2021. 

The resultant gap within the MRA 

created an opportunity for federally 

permitted vessels to fish or store buoyed 

trap gear in the MRA Wedge at great risk 

of incidental mortality and serious 

injury of North Atlantic right whales 

that are seasonally abundant in 

surrounding waters. Empirical gear and 

whale sightings collected during aerial 

surveys of the MRA Wedge during 

February–April demonstrate the high 

entanglement risk to right whales in this 

area. No novel management measures or 

policies are proposed; this Wedge area 

was closed through emergency 

rulemaking in 2021 and 2022, and this 

rule proposes to permanently 

implement a small expansion of an 

existing three-month seasonal 

restriction to fishing with buoy lines. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/18/23 88 FR 63917 

NPRM Comment 

Period End.

10/18/23 

Final Action ......... 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BM31 

275. Amendment 123 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area; Halibut AbundanceBased Management of Amendment 80 

Prohibited Species Catch Limit [0648– 

BL42] 

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

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council (Council), 

this proposed action would implement 

Amendment 123 to the Fishery 

Management Plan (FMP) for Groundfish 

of the Bering Sea and Aleutian Islands 

Management Area (BSAI). If approved 

by the Secretary of Commerce and 

implemented by NMFS, this action 

would determine the BSAI Amendment 

80 commercial groundfish trawl fleet’s 

(A80) halibut prohibited species catch 

(PSC) limit annually based on the most 

recent values from surveys conducted 

by the Alaska Fisheries Science Center 

and the International Pacific Halibut 

Commission (IPHC). The Council’s 

intent in recommending Amendment 

123 is to link annual halibut PSC limits 

in the A80 fleet with estimated halibut 

abundance. The reason for the change 

being considered is that the current PSC 

limit, currently set as a fixed annual 

amount of 1,745 mt, becomes an 

increasingly larger proportion of total 

halibut removals in the BSAI when 

halibut abundance declines. Over the 

last 6 years, the Council and its advisory 

bodies, stakeholders, and the public 

have considered several approaches for 

a halibut abundance-based management 

(ABM) program consistent with Council 

fishery management objectives and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). Public testimony on this action 

over the years has focused on two 

primary concerns. The first is the 

importance of providing flexibility to 

the A80 fleet to prosecute their quotas. 

The second is concern about the decline 

in the directed halibut fishery catch as 

a result of a decline in halibut 

abundance, compounded by fixed PSC 

limits that further reduce the proportion 

of halibut available to the directed 

halibut fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/09/22 87 FR 75570 

NPRM Comment 

Period End.

01/23/23 

Final Action ......... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BL42 

276. Framework Adjustment 65 to the 

Northeast Multispecies Fishery 

Management Plan [0648–BL95] 

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

Abstract: The action would 

implement management measures 

included in Framework Adjustment 65 

to the Northeast Multispecies Fishery 

Management Plan (Framework 65) that 


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were developed by the New England 

Fishery Management Council in 

response to new scientific information, 

pursuant to the rulemaking authorities 

under section 303(c) of the MagnusonStevens Fishery Conservation and 

Management Act. The action will revise 

the rebuilding plan for Gulf of Maine 

(GOM) cod, set annual specifications for 

fishing years (FY) 2023–2025 for 13 

Northeast multispecies stocks, FY2023– 

2024 for Georges Bank (GB) cod, GB 

yellowtail flounder, FY2023 for white 

hake, and specify FY 2023–2024 total 

allowable catches (TAC) for the three 

U.S./Canada stocks eastern GB cod, 

eastern GB haddock, and GB yellowtail 

flounder. It would also make a 

temporarily modification to the 

accountability measures for GB cod. 

This rule also takes emergency action 

using our authority under Section 305(c) 

of the Magnuson-Stevens Fishery 

Conservation and Management Act to 

increase the fishing year 2023 

specifications for Gulf of Maine (GOM) 

haddock. The purpose of this emergency 

action is to mitigate economic harm to 

industry by increasing the 2023 GOM 

haddock specifications. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/31/23 88 FR 34810 

NPRM Comment 

Period End.

06/15/23 

Final Action ......... 08/18/23 88 FR 56527 

Comment Period 

End.

09/18/23 

Final Action Effective.09/18/23 

Next Action Undetermined.11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BL95 

277. Atlantic Highly Migratory Species; 

Research and Data Collection in 

Support of Spatial Fisheries 

Management [0648–BI10] 

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

Abstract: This rulemaking would 

address conducting research in areas 

currently closed to fishing for Atlantic 

highly migratory species (HMS)—during 

various times or by certain gear—to 

collect fishery-dependent data. A 

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

over the years through various 

rulemakings, limiting fishing for 

Atlantic highly migratory species in 

those areas for a variety of reasons 

including reducing bycatch. These time/ 

area closures have been implemented in 

consultation with the HMS Advisory 

Panel to protect species consistent with 

the Magnuson-Stevens Fisheries 

Conservation and Management Act (e.g., 

to reduce bycatch in the pelagic longline 

fishery off the east coast of Florida), the 

Endangered Species Act (e.g., to protect 

sea turtles in the North Atlantic), and 

the Atlantic Tunas Convention Act (e.g., 

to protect spawning bluefin tuna in the 

Gulf of Mexico). Fishery-dependent data 

supports effective fisheries 

management, and areas that restrict 

fishing effort often have a 

commensurate decrease in fisherydependent data collection. Programs to 

facilitate research and data collection, 

such as those that would be covered by 

this rulemaking, could assess the 

efficacy of closed areas, improve 

sustainable management of highly 

migratory species, and may provide 

benefits to commercial and recreational 

fishermen. The Agency’s final actions 

for this rule will be based in part on 

feedback and public comments on the 

proposed rule and draft environmental 

impact statement, regulatory impact 

review (RIR), and initial regulatory 

flexibility analysis (IRFA). The 

comment period ends in September 

2023. The comments received to date 

provide helpful feedback on the 

potential issues and ways forward. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/05/23 88 FR 29050 

NPRM Comment 

Period Extension.

09/08/23 88 FR 62044 

NPRM Comment 

Period End.

09/15/23 

NPRM Comment 

Period Extension End.

10/02/23 

Final Action ......... 08/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BI10 

278. Atlantic Highly Migratory Species; 

Prohibiting Retention of Oceanic 

Whitetip Sharks in U.S. Atlantic Waters 

and Hammerhead Sharks in the 

Caribbean Sea [0648–BK54] 

Legal Authority: 16 U.S.C. 971 et seq.; 

16 U.S.C. 1801 et seq. 

Abstract: Atlantic highly migratory 

species (HMS) fisheries are managed 

under the dual authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

On May 15, 2020, NOAA Fisheries 

issued two Biological Opinions (BiOps) 

under Section 7(a)(2) of the Endangered 

Species Act (ESA). These BiOps covered 

the pelagic longline fishery for Atlantic 

HMS and the non-pelagic longline HMS 

fisheries, as managed under the 2006 

Consolidated Atlantic HMS Fishery 

Management Plan (FMP) and its 

amendments. The BiOps concluded that 

the fisheries are not likely to jeopardize 

the continued existence of listed species 

nor adversely affect their designated 

critical habitat. The BiOps included 

conservation recommendations under 

Section 7(a)(1) of the ESA. These 

conservation recommendations 

encouraged the prohibition of the 

commercial and recreational retention 

of both scalloped hammerhead sharks 

(specifically in the Southwest and 

Caribbean distinct population segments) 

and oceanic whitetip sharks, both of 

which are listed as threatened under the 

ESA. As a result, this action considers 

implementing this conservation 

recommendation. Under existing 

regulations, retention and possession of 

oceanic whitetip and all hammerhead 

sharks are prohibited for commercial 

fishermen using pelagic longline gear; 

this action would extend the prohibition 

to commercial shark permit holders 

using other gears and to recreational 

permit holders who target or catch 

sharks. This action is being taken 

pursuant to the rulemaking authority 

under the Magnuson-Stevens Act, sec. 

304(g), and ATCA. The Agency’s final 

actions for this rule will be based in part 

on public comments on the proposed 

rule and draft environmental 

assessment, RIR, and IRFA. The 

comments received were generally 

supportive of the proposed action; some 

commenters requested additional 

protections for scalloped hammerhead 

sharks. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/22/23 88 FR 17171 

NPRM Comment 

Period End.

05/22/23 


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Action Date FR Cite 

Final Action ......... 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BK54 

279. Atlantic Highly Migratory Species; 

Amendment 16 to the 2006 

Consolidated Atlantic Highly Migratory 

Species Fishery Management Plan 

[0648–BM08] 

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

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

Abstract: NMFS is developing a 

proposed rule for Amendment 16 to the 

2006 Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP) pursuant to 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) sections 304(c) and (g). The draft 

Amendment will include a draft 

environmental impact statement and 

other required analyses. Based on the 

mechanism used in establishing shark 

quotas and related management 

measures from Amendment 14 to the 

2006 Consolidated HMS FMP, 

Amendment 16 would modify the 

acceptable biological catch (ABC) and 

annual catch limits (ACLs) for Atlantic 

sharks and the process used to account 

for carryover of underharvests of quotas. 

In this action, NMFS would also look at 

all commercial and recreational 

management measures related to the 

Atlantic shark fishery and make 

appropriate revisions. Amendment 16 

would affect the bottom longline, 

gillnet, and pelagic longline fisheries, 

which fish for sharks throughout the 

entire range of the fishery (Atlantic 

Ocean, Gulf of Mexico, and Caribbean 

Sea). The Agency’s proposed actions for 

this rule will be based in part on 

feedback and public comments received 

on the issues and options paper. The 

comment period ends in August 2023. 

The comments received to date provide 

helpful feedback on the potential issues 

and ways forward. 

Timetable: 

Action Date FR Cite 

Notice of Intent .... 05/08/23 88 FR 29617 

Notice of Intent 

Comment Period End.

08/18/23 

Action Date FR Cite 

Final Action ......... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BM08 

280. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Fishing Effort Limits 

in Purse Seine Fisheries [0648–BL25] 

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

Abstract: Under authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act (16 

U.S.C. 6901 et seq.), NMFS is 

implementing fishing effort limits for 

the U.S. purse seine fishery operating in 

the western and central Pacific Ocean 

(WCPO). Regulations at 50 CFR 

300.223(a) currently limit U.S. WCPO 

purse seine fishing effort in a combined 

area of the high seas and U.S. exclusive 

economic zone (EEZ). Based on recent 

decisions of the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean, this 

rulemaking would implement separate 

U.S. WCPO purse seine fishing effort 

limits for the high seas and U.S. EEZ. 

This rulemaking could have some 

economic effects on U.S. purse seine 

vessels, as the separate effort limits 

would reduce the operational flexibility 

provided by the combined effort limits. 

This rulemaking could also have some 

economic effects on American Samoa, 

as the separate limits could lead to a 

fishery closure earlier in the year than 

under the combined limits, which could 

reduce fish supply to the cannery based 

in American Samoa. Other elements of 

this rulemaking include modifications 

to the process for closing the fishery 

once an effort limit is reached, and 

modifications to the procedures for 

obtaining daily purse seine fishing effort 

reports. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/12/22 87 FR 55768 

NPRM Comment 

Period End.

10/03/22 

Final Action ......... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sarah Malloy, Acting 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

sarah.malloy@noaa.gov. 

RIN: 0648–BL25 

281. Amendment 51 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (Amendment 51) [0648–BM03] 

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

Abstract: NMFS is developing a final 

rule to implement Amendment 51. 

Amendment 51 and the rule will modify 

management of South Atlantic snowy 

grouper. Actions will revise annual 

catch limits, sector allocations, and the 

fishing season and accountability 

measures for the recreational sector. 

Amendment 51 and the rule will end 

overfishing of South Atlantic snowy 

grouper, continue to rebuild the stock, 

and achieve optimum yield while 

minimizing, to the extent practicable, 

adverse social and economic effects. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/30/23 88 FR 34460 

NPRM Comment 

Period End.

06/29/23 

Final Action ......... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Regional Administrator, 

Southeast Region, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5305, Email: 

andy.strelcheck@noaa.gov. 

RIN: 0648–BM03 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

282. Magnuson-Stevens Fisheries 

Conservation and Management Act; 

Traceability Information Program for 

Seafood [0648–BH87] 

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

seq.; Pub. L. 115–141 

Abstract: On December 9, 2016, 

NMFS issued a final rule that 

established a risk-based traceability 

program to track seafood from harvest to 

entry into U.S. commerce. The final rule 


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included, for designated priority fish 

species, import permitting and reporting 

requirements to provide for traceability 

of seafood products offered for entry 

into the U.S. supply chain, and to 

ensure that these products were 

lawfully acquired and are properly 

represented. Shrimp and abalone 

products were included in the final rule 

to implement the Seafood Import 

Monitoring Program, but compliance 

with Seafood Import Monitoring 

Program requirements for those species 

was stayed indefinitely due to the 

disparity between Federal reporting 

programs for domestic aquaculture of 

shrimp and abalone products relative to 

the requirements that would apply to 

imports under Seafood Import 

Monitoring Program. In section 539 of 

the Consolidated Appropriations Act, 

2018, Congress mandated lifting the stay 

on inclusion of shrimp and abalone in 

Seafood Import Monitoring Program and 

authorized the Secretary of Commerce 

to require comparable reporting and 

recordkeeping requirements for 

domestic aquaculture of shrimp and 

abalone. This rulemaking will establish 

permitting, reporting and recordkeeping 

requirements for domestic producers of 

shrimp and abalone from the point of 

production to entry into commerce. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

11/26/18 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Phone: 

301 427–8286, Email: alexa.cole@

noaa.gov. 

RIN: 0648–BH87 

283. Seafood Import Permitting and 

Reporting Procedures [0648–BK85] 

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

Abstract: NMFS amends the 

regulations that require seafood import 

documentation under the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et 

seq.). The statute prohibits the 

importation of seafood that was 

harvested in violation of foreign laws, 

any treaty, or binding conservation 

measures of regional fisheries 

organizations to which the United States 

is a party. The import permitting, 

reporting and recordkeeping regulations 

facilitate enforcement of the statutory 

prohibition. To ensure compliance with 

the import monitoring program, NMFS 

clarifies what qualifies as the U.S. 

resident business address of the 

International Fisheries Trade Permit 

holder and the permit holder’s 

obligation to ensure timely access to and 

production of the required supply chain 

records in the event of an audit NMFS 

also intends to include additional 

species under the program, such as 

expanding currently listed singlespecies to species groups and adding 

new species. U.S. seafood importers are 

likely to be affected by this rulemaking 

through increased reporting and 

recordkeeping requirements, but NOAA 

estimates the economic impact will be 

small because documentation is already 

completed, transmitted through the 

supply chain, and available to 

importers. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/28/22 87 FR 79836 

NPRM Comment 

Period End.

03/28/23 

NPRM Comment 

Period Extension.

03/31/23 88 FR 19236 

NPRM Comment 

Period Extension End.

04/27/23 

Final Action ......... To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Phone: 

301 427–8286, Email: alexa.cole@

noaa.gov. 

RIN: 0648–BK85 

284. Rulemaking To Modify the 2023– 

2027 Halibut Individual Fishing Quota 

(IFQ) Vessel Harvest Limitations in IFQ 

Regulatory Areas 4A, 4B, 4C, and 4D 

[0648–BM18] 

Legal Authority: 16 U.S.C. 773 

Abstract: Commercial halibut fishing 

off the coast of Alaska is managed under 

an Individual Fishing Quota (IFQ) 

program implemented by Federal 

regulations under the authority of the 

Northern Pacific Halibut Act of 1982, 16 

U.S.C. 773 et seq. On February 10, 2023, 

the North Pacific Fishery Management 

Council (Council) recommended to 

temporarily remove IFQ halibut vessel 

caps for the 2023–2027 fishing years in 

IFQ regulatory areas 4A (Eastern 

Aleutian Islands), 4B (Central and 

Western Aleutian Islands), 4C (Central 

Bering Sea), and 4D (Eastern Bering 

Sea). This action is needed to provide 

continued flexibility and consistency in 

the Pacific halibut fishery. This action 

would implement the temporary 

management measure that has been 

recommended by the Council and 

implemented by NMFS annually since 

2020 for a 5-year period. This action 

would revise 50 CFR 679.42(h)(1) to 

remove vessels caps in those four areas 

for the 2023–2027 fishing year. This 

temporary action would provide 

consistency for fishery participants over 

the next five years, while the Council 

develops a long-term solution to modify 

vessel use caps in Area 4. Halibut IFQ 

holders with quota share in those four 

areas would be affected by this action, 

as well as Community Quota Entities in 

area 4B. This action would not modify 

any other aspects of the IFQ Program. 

Section 773c(c) of the Northern Pacific 

Halibut Act is the rulemaking authority. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/11/23 88 FR 30272 

NPRM Comment 

Period End.

06/12/23 

Final Action ......... 07/26/23 88 FR 48137 

Final Action Effective.07/26/23 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, Phone: 

907 586–7638, Email: jon.kurland@

noaa.gov. 

RIN: 0648–BM18 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

285. Amendment 14 to the Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ Off Alaska [0648– 

BK31] 

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

Abstract: This action would modify 

the Fishery Management Plan for the 

Salmon Fisheries in the EEZ off Alaska 

(FMP) and implement regulations to 

manage the EEZ waters of Cook Inlet 

under the FMP and prohibit commercial 

fishing for salmon in this area. 

Currently, this area is excluded from the 

FMP and the State of Alaska manages 

commercial fishing for salmon in this 

area. If approved, this action would 

result in all commercial salmon fishing 

in Cook Inlet occurring within waters of 

the State of Alaska under State 

management plans. The North Pacific 

Fishery Management Council (Council) 

determined that this action is consistent 

with the Council’s longstanding policy 

to facilitate management of salmon 

fishing by the State of Alaska and that 

the State is the authority best suited for 


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managing Alaska salmon fisheries given 

its existing infrastructure and expertise. 

The Council considered, but did not 

select, two other action alternatives that 

would delegate management of the Cook 

Inlet EEZ to the State of Alaska or 

establish Council and NMFS 

management of the commercial salmon 

fishery within the area. The Council did 

not select either of these alternatives 

because the State of Alaska was 

unwilling to accept delegation of 

management authority, and due to the 

substantial increase in management 

complexity and cost without 

corresponding benefits of both 

alternatives. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/04/21 86 FR 29977 

NPRM Comment 

Period End.

07/06/21 

Final Action ......... 11/03/21 86 FR 60568 

Final Action Effective.12/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BK31 

286. Amendment 122 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area; Pacific Cod Trawl 

Cooperative Program [0648–BL08] 

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

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council, this 

action implements Amendment 122 to 

the Fishery Management Plan (FMP) for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI), and the Pacific cod Trawl 

Cooperative Program (PCTC Program) 

which allocates quota share (QS) to 

groundfish License Limitation Program 

(LLP) license holders based on the 

harvest of BSAI Pacific cod during 

qualifying years. This Program also 

allocates QS to a processor permit 

holder based on processing history 

during the qualifying years. QS 

allocated under this program yields an 

exclusive harvest privilege to members 

of a PCTC Program cooperative. The 

Council’s intent in recommending 

Amendment 122 and the PCTC Program 

is to improve the prosecution of the 

fishery by promoting safety and stability 

in the harvesting and processing sectors, 

increasing the value of the fishery, 

minimizing bycatch to the extent 

practicable, providing for the sustained 

participation of fishery dependent 

communities, and ensuring the 

sustainability and viability of the Pacific 

cod resource in the BSAI. The Council 

initiated action on this Limited Access 

Privilege Program (LAPP) in response to 

industry requests to address increasing 

inefficiency in the BSAI Pacific cod 

trawl catcher vessel sector by 

implementing a catch share program. 

Owners and operators of harvesters and 

processors that participate in the BSAI 

Pacific cod trawl fishery would be 

affected by this action. Section 

304(b)(1)(A) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) is the rulemaking authority. 

Section 303A of the MSA authorizes the 

creation of LAPPs. The final rule 

included an incorrect cross reference 

and inadvertently left out two footnotes 

in a table and a correction notice fixed 

these errors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/09/23 88 FR 8592 

NPRM Comment 

Period End.

03/13/23 

Final Action ......... 08/08/23 88 FR 53704 

Correction ............ 08/22/23 88 FR 57009 

Final Action Effective.09/07/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BL08 

287. Atlantic Coastal Fisheries 

Cooperative Management Act 

Provisions; American Lobster Fishery; 

Consideration of Expanded Harvester 

and Biological Sampling Requirements 

for American Lobster [0648–BF01] 

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

Abstract: In response to 

recommendations by the Atlantic States 

Marine Fisheries Commission, this 

rulemaking action will cap and reduce 

individual and aggregate trap caps in 

the Offshore Area 3 lobster fishery and 

cap the number of permits a permit 

holder may have in nearshore Area 2. It 

also implements components of the 

Commission’s Addendum XXVI to the 

American Lobster Management Plan. 

Among other things, the Addendum 

requires the lobster harvesting states to 

implement a trip-level reporting 

requirement with expanded data 

elements for all lobster fishermen in 

their respective jurisdictions, and 

recommends complementary action for 

Federal lobster permit holders. We will 

implement the mandatory trip-level 

harvester reporting requirement through 

this action. Finally, this action also 

makes some minor administrative 

changes to the lobster trap transfer 

program, considers allowing the use of 

a substitute vessel to tend lobster gear 

in certain circumstances, and removes 

some outdated text from the Federal 

lobster regulation at 50 CFR 697. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 11/15/17 82 FR 52871 

ANPRM Comment 

Period End.

12/15/17 

Second ANPRM .. 06/14/18 83 FR 27747 

Second ANPRM 

Comment Period End.

07/16/18 

NPRM .................. 07/11/22 87 FR 41084 

NPRM Comment 

Period End.

08/10/22 

Interim Final Rule 10/02/23 88 FR 67667 

Interim Final Rule 

Effective.

11/01/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BF01 

288. Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna General Category 

Restricted-Fishing Days for 2023 [0648– 

BL94] 

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

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

Abstract: Atlantic tunas are managed 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act, 16 U.S.C. 1801 et seq., 

and the Atlantic Tunas Convention Act 

(ATCA), id. 971 et seq., the 

implementing statute for the 

International Commission for the 

Conservation of Atlantic Tunas. This 

temporary final action established a 

schedule of restricted-fishing days 

(RFDs) for all Tuesdays, Fridays, and 

Saturdays from July 1 through 

November 20, 2023. On an RFD, vessels 

permitted in the Atlantic Tunas General 

category are prohibited from fishing for, 

including catch-and-release and tagand-release fishing, possessing, 

retaining, landing, or selling Atlantic 


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bluefin tuna of all sizes. RFDs also 

apply to HMS Charter/Headboat 

permitted vessels when fishing 

commercially, but do not preclude such 

vessels from recreational fishing activity 

(under applicable Angling category 

regulations), including catch-andrelease and tag-and-release fishing. This 

action was taken pursuant to the 

rulemaking authority under section 

304(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act. 16 

U.S.C. 1855(d). 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/06/23 88 FR 13771 

NPRM Comment 

Period End.

04/05/23 

Final Action ......... 05/25/23 88 FR 33839 

Final Action Effective.07/01/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BL94 

289. Fish Aggregating Device Design 

Requirements in Purse Seine Fisheries, 

IMO Number Requirements, and 

Bycatch Restrictions [0648–BI79] 

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

Abstract: This final rule implements 

recent decisions adopted by the Western 

and Central Pacific Fisheries 

Commission, to which the United States 

is a member. Specifically, the final rule 

implements fish aggregating device 

design requirements for U.S. purse seine 

fishing vessels, expands requirements 

for U.S. fishing vessel owners to obtain 

numbers issued under the ship 

identification number scheme 

established by the International 

Maritime Organization, and implements 

bycatch restrictions for sharks and rays. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/07/21 86 FR 55790 

NPRM Comment 

Period End.

11/08/21 

Final Action ......... 05/12/23 88 FR 30671 

Final Action Effective.06/12/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sarah Malloy, Acting 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

sarah.malloy@noaa.gov. 

RIN: 0648–BI79 

290. Interim Measures To Reduce 

Overfishing of Gulf of Mexico Gag 

[0648–BL89]s 

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

Abstract: Gulf of Mexico (Gulf) gag is 

managed under the Fishery 

Management Plan for Reef Fish 

Resources of the Gulf of Mexico and the 

most recent stock assessment indicates 

that Gulf gag is overfished and is 

undergoing overfishing. The National 

Marine Fishery Service is implementing 

interim measures to reduce overfishing, 

as recommended by the Gulf of Mexico 

Fishery Management Council (Council), 

while the Council develops a plan 

amendment to end overfishing and 

rebuild the Gulf gag stock. The interim 

measures would reduce the Gulf gag 

catch limits consistent with one 

alternative the Council is considering in 

the plan amendment under 

development. The interim measures 

would also modify the recreational 

season start date in 2023 to increase the 

projected season length. 

Timetable: 

Action Date FR Cite 

NPRM Temporary 

Rule.

02/03/23 88 FR 7388 

NPRM Temporary 

Rule Comment 

Period End.

02/21/23 

Final Temporary 

Rule Action.

05/03/23 88 FR 27701 

Final Action Effective.05/03/23 

Final Temporary 

Rule Extension.

10/06/23 88 FR 69553 

Final Temporary 

Rule Extension 

End.

05/02/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Regional Administrator, 

Southeast Region, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5305, Email: 

andy.strelcheck@noaa.gov. 

RIN: 0648–BL89 

291. Amendment 54 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico: 

Modifications to the Greater Amberjack 

Catch Limits, Sector Allocation, and 

Rebuilding Plan [0648–BM00] 

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

Abstract: Reef Fish Amendment 54 

and the final rule would modify the 

Gulf greater amberjack overfishing limit, 

acceptable biological catch, and sector 

annual catch limits and annual catch 

targets based on the most recent stock 

assessment (Southeast Data Assessment 

and Review 70), which indicated that 

the stock continued to be overfished and 

undergoing overfishing, and 

recommendations from the Gulf of 

Mexico Fishery Management Council’s 

Scientific and Statistical Committee. 

The stock assessment included 

historical recreational catch and effort 

data adjusted to be consistent with the 

Marine Recreational Information 

Program (MRIP) Fishing Effort Survey 

(FES), which replaced the MRIP Coastal 

Household Telephone Survey (CHTS) in 

2018. Landings estimates generated 

using MRIP–FES are generally greater 

than those generated using MRIP–CHTS. 

Reef Fish Amendment 54 also modifies 

the allocation between the commercial 

and recreational sectors using the 

MRIP–FES adjusted landing estimates 

on a more recent time series (1993– 

2019) than the previous allocation 

(1981–2004) and only includes years 

after greater amberjack was identified to 

species. The need for this action is to 

end overfishing and rebuild the greater 

amberjack stock as required by the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

update existing greater amberjack catch 

limits and allocations to be consistent 

with best scientific information 

available, FMP objectives, and 

contemporary data collection methods. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/10/23 88 FR 14964 

NPRM Comment 

Period End.

04/10/23 

Final Action ......... 06/15/23 88 FR 39193 

Final Action Effective.07/17/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Regional Administrator, 

Southeast Region, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5305, Email: 

andy.strelcheck@noaa.gov. 

RIN: 0648–BM00 

292. Amendment 53 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (Amendment 53) [0648–BM27] 

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


ddrumheller on DSK120RN23PROD with PROPOSALS4
9562 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

Abstract: NMFS is developing a 

proposed rule to implement 

Amendment 53. The rule will modify 

management of South Atlantic gag and 

black grouper. Because gag is overfished 

and undergoing overfishing, actions for 

gag include establishing a rebuilding 

plan, revising annual catch limits, sector 

allocations, management measures, and 

recreational accountability measures. 

Amendment 53 would also modify 

recreational management measures for 

black grouper. Amendment 53 and the 

proposed rule would end overfishing of 

South Atlantic gag, rebuild the stock, 

and achieve optimum yield while 

minimizing, to the extent practicable, 

adverse social and economic effects. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/13/23 88 FR 44764 

NPRM Comment 

Period End.

08/14/23 

Final Action ......... 09/21/23 88 FR 65135 

Final Action Effective.10/23/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Regional Administrator, 

Southeast Region, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5305, Email: 

andy.strelcheck@noaa.gov. 

RIN: 0648–BM27 

293. Regulatory Amendment to the 

Pacific Coast Groundfish Fishery 

Management Plan To Implement an 

Electronic Monitoring Program for 

Bottom Trawl and Non-Whiting 

Midwater Trawl Vessels [0648–BH70] 

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

seq. 

Abstract: The action implements a 

regulatory amendment to the Pacific 

Fishery Management Council’s Pacific 

Coast Groundfish Fishery Management 

Plan to allow bottom trawl and 

midwater trawl vessels targeting nonwhiting species the option to use 

electronic monitoring (video cameras 

and associated sensors) in place of 

observers to meet requirements for 100- 

percent observer coverage. By allowing 

vessels the option to use electronic 

monitoring to meet monitoring 

requirements, this action intends to 

increase operational flexibility and 

reduce monitoring costs for the fleet. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/01/22 87 FR 11382 

NPRM Comment 

Period End.

03/31/22 

Final Action ......... 10/03/22 87 FR 59705 

Final Action Effective.11/02/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Quan, 

Regional Administrator—West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, DC 20230, Phone: 562 

980–4001, Email: jennifer.quan@

noaa.gov. 

RIN: 0648–BH70 

294. 2023 Pacific Whiting Harvest 

Specifications and Interim Tribal 

Allocation; Pacific Coast Groundfish 

[0648–BM07] 

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

Abstract: Through this rulemaking, 

NMFS sets the U.S. Total Allowable 

Catch (TAC) level based on the 

coastwide TAC determined under the 

terms of the Agreement with Canada on 

Pacific Hake/Whiting (Agreement) and 

the Pacific Whiting Act of 2006 

(Whiting Act); the interim allocation for 

the tribal fishery; the fishery harvest 

guideline (HG), called the non-tribal 

allocation, for three commercial whiting 

sectors; and set-asides for research and 

bycatch. As in prior years, the interim 

tribal allocation is not intended to set a 

precedent for future years. This action 

will be implemented pursuant to the 

rulemaking authority under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) 304(b) (Regulations Deemed 

Necessary by Council) and MSA section 

305(d) (Secretarial authority), and the 

Pacific Whiting Act of 2006. Pursuant to 

MSA section 305(d), this action is 

necessary to ensure that the Pacific 

Coast Groundfish Fishery Management 

Plan is implemented in a manner 

consistent with treaty rights of four 

treaty tribes to fish in their usual and 

accustomed grounds and stations in 

common with non-tribal citizens. 

United States v. Washington, 384 F. 

Supp. 313 (W.D. Wash. 1974). 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/06/23 88 FR 20457 

NPRM Comment 

Period End.

04/21/23 

Final Action ......... 05/31/23 88 FR 34783 

Final Action Effective.05/31/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Quan, 

Regional Administrator—West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, DC 20230, Phone: 562 

980–4001, Email: jennifer.quan@

noaa.gov. 

RIN: 0648–BM07 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Proposed Rule Stage 

295. Setting and Adjusting Patent Fees 

[0651–AD64] 

Regulatory Plan: This entry is Seq. 

No. 17 in part II of this issue of the 

Federal Register. 

RIN: 0651–AD64 

296. Setting and Adjusting Trademark 

Fees [0651–AD65] 

Regulatory Plan: This entry is Seq. 

No. 18 in part II of this issue of the 

Federal Register. 

RIN: 0651–AD65 

[FR Doc. 2024–00451 Filed 2–8–24; 8:45 am] 

BILLING CODE 3410–12–P 


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