40012 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

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

II, III, VII, VIII, IX and XI 

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

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

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Department), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to prerulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the fall 2010 agenda. 

The purpose of the agenda is to provide 

information to the public on regulations 

currently under review, being proposed, 

or issued by the Department. The 

agenda is intended to facilitate 

comments and views by interested 

members of the public. 

The Department’s spring 2011 

regulatory agenda includes regulatory 

activities that are expected to be 

conducted during the period April 1, 

2011, through March 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Specific: For additional information 

about specific regulatory actions listed 

in the agenda, contact the individual 

identified as the contact person. 

General: Comments or inquiries of a 

general nature about the agenda should 

be directed to Asha Mathew, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230; telephone: 202–482–3151. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12866 requires agencies to 

publish an agenda of those regulations 

that are under consideration pursuant to 

this order. By memorandum of January 

21, 2011, the Office of Management and 

Budget issued guidelines and 

procedures for the preparation and 

publication of the spring 2011 Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions. The Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., 

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 agenda also identifies those 

entries that have been selected for 

periodic review under section 610 of the 

Regulatory Flexibility Act. 

In addition, beginning with the fall 

2007 edition, the Internet became the 

basic means for disseminating the 

Unified Agenda. The complete Unified 

Agenda will be available online at 

www.reginfo.gov, in a format that offers 

users a greatly enhanced ability to 

obtain information from the Agenda 

database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), the Department of 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, the entire Regulatory Plan 

will continue to be printed in the 

Federal Register, as in past years, 

including the Department of 

Commerce’s Regulatory Plan. 

Within the Department, the Office of 

the Secretary and various operating 

units may issue regulations. Operating 

units, such as the National Oceanic and 

Atmospheric Administration (NOAA), 

the Bureau of Industry and Security, 

and the Patent and Trademark Office 

issue the greatest share of the 

Department’s regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

the 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 (EEZ). The 

EEZ refers to those waters from the 

outer edge of the State boundaries, 

generally 3 nautical miles, to a distance 

of 200 nautical miles. Fishery 

Management Plans (FMPs) are to be 

prepared for fisheries that require 

conservation and management 

measures. Regulations implementing 

these FMPs regulate domestic fishing 

and foreign fishing where permitted. 

Foreign fishing may be conducted in a 

fishery in which there is no FMP only 

if a preliminary fishery management 

plan has been issued to govern that 

foreign fishing. Under the Act, eight 

Regional Fishery Management Councils 

(Councils) prepare FMPs or 

amendments to FMPs for fisheries 

within their respective areas. In the 

development of such plans or 

amendments and their implementing 

regulations, the Councils are required by 

law to conduct public hearings on the 

draft plans and to consider the use of 

alternative means of regulating. 

The Council process for developing 

FMPs and amendments makes it 

difficult for NMFS to determine the 

significance and timing of some 

regulatory actions under consideration 

by the Councils at the time the 

semiannual regulatory agenda is 

published. 

The Department’s spring 2011 

regulatory agenda follows. 

Cameron F. Kerry, 

General Counsel. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 40013 

INTERNATIONAL TRADE ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

41 ...................... Collection and Use of Tax Identification Numbers from Holders of and Applicants for National Marine 

Fisheries Service Permits.

0648–AV76 

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

43 ...................... Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery Management Plan.0648–AW95 

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

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

Crabs Arbitration Regulations.

0648–AX47 

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

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

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

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

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

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

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

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

0648–AY55 

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

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

Grouper Fishery of the South Atlantic Region.

0648–AY73 

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

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

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

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

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

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

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

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

Region.

0648–BA52 

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

Region.

0648–BA53 

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

65 ...................... Atlantic Highly Migratory Species; Electronic Mobile Transmitting Unit Vessel Monitoring Systems ............. 0648–BA64 

66 ...................... Management Measures for Tuna Fisheries Operating in the Eastern Pacific Ocean .................................... 0648–BA66 

67 ...................... Amendment 13 to the Coastal Pelagic Species Fishery Management Plan .................................................. 0648–BA68 

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

Tunas Recommendations on Sharks.

0648–BA69 

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

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

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

72 ...................... Catch Reporting Regulatory Rulemaking for the Atlantic Herring Fishery ...................................................... 0648–BA79 

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

74 ...................... 2011 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures and Scup 

Specification Increase (Increased 2011 Total Allowable Landings).

0648–BA92 

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

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

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

78 ...................... False Killer Whale Take Reduction Plan (SECTION 610 REVIEW) .................................................................... 0648–BA30 

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

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Western Alaska Community Development Quota (CDQ) Program.

0648–AV33 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
40014 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

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

Review Procedure.

0648–AV53 

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

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

85 ...................... Revoke Inactive Quota Share and Annual Individual Fishing Quota from a Holder of Quota Share Under 

the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota Program.

0648–AX91 

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

Virgin Islands Establishing Compatible Regulations With U.S. Virgin Islands Territorial Waters.

0648–AY03 

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

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

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

0648–BA01 

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

90 ...................... 2011 Atlantic Bluefish Specifications ............................................................................................................... 0648–BA26 

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

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

Atlantic Trawl Fisheries.

0648–BA45 

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

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

0648–BA48 

94 ...................... Regulatory Amendment 10 to the Fishery Management Plan for the Snapper Grouper Fishery of the 

South Atlantic Region.

0648–BA51 

95 ...................... Amendment to the Fishery Management Plan for the Reef To Set Total Allowable Catch for Red Snapper 0648–BA54 

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

Measures.

0648–BA65 

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

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

Marine Mammal Protection Act.

0648–AV15 

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

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

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

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

Segment of Eulachon.

0648–BA38 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

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

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

107 .................... Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine Resources.0648–AV51 

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

109 .................... Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the Bajo de Sico Seasonal Closure.0648–AY05 

110 .................... Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 

Region.

0648–AY10 

111 .................... Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 

Region.

0648–AY11 

112 .................... Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in 

the Pacific Coast Groundfish Fishery.

0648–AY17 

113 .................... Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements .............................. 0648–AY38 

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

115 .................... 2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery ................................................. 0648–BA03 

116 .................... Regulatory Amendment to the Reef Fish Fishery Management Plan To Set Total Allowable Catch for Red 

Grouper.

0648–BA04 

117 .................... Pacific Halibut Fisheries; Catch Sharing Plan ................................................................................................. 0648–BA25 

118 .................... Bluefin Tuna Bycatch Reduction in the Gulf of Mexico Pelagic Longline Fishery .......................................... 0648–BA39 

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


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 40015 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

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

PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

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

PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Long-Term Actions 

39. Commercial Availability of Fabric 

and Yarn 

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

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

EO 13191; Pub. L. 107–210, sec 3103 

Abstract: This rule implements 

certain provisions of the Trade and 

Development Act of 2000 (the Act). Title 

I of the Act (the African Growth and 

Opportunity Act or AGOA), title II of 

the Act (the United States-Caribbean 

Basin Trade Partnership Act or CBTPA), 

and title XXXI of the Trade Act of 2002 

(the Andean Trade Promotion and Drug 

Eradication Act or ATPDEA) provide for 

quota- and duty-free treatment for 

qualifying apparel products from 

designated beneficiary countries. AGOA 

and CBTPA authorize quota- and dutyfree treatment for apparel articles that 

are both cut (or knit-to-shape) and sewn 

or otherwise assembled in one or more 

designated beneficiary countries from 

yarn or fabric that is not formed in the 

United States or a beneficiary country, 

provided it has been determined that 

such yarn or fabric cannot be supplied 

by the domestic industry in commercial 

quantities in a timely manner. The 

President has delegated to the 

Committee for the Implementation of 

Textile Agreements (the Committee), 

which is chaired by the Department of 

Commerce, the authority to determine 

whether yarn or fabric cannot be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner under the AGOA, the ATPDEA, 

and the CBTPA, and has authorized the 

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

fabric. The rule provides the procedure 

for interested parties to submit a request 

alleging that a yarn or fabric cannot be 

supplied by the domestic industry in 

commercial quantities in a timely 

manner, the procedure for public 

comments, and relevant factors that will 

be considered in the Committee’s 

determination. The rule also outlines 

the factors to be considered by the 

Committee in extending quota- and 

duty-free treatment. 

Timetable: 

Action Date FR Cite 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Janet Heinzen, 

Phone: 202 482–4006, E-mail: 

janet_heinzen@ita.doc.gov. 

RIN: 0625–AA59 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

40. American Lobster Fishery; Fishing 

Effort Control Measures To 

Complement Interstate Lobster 

Management Recommendations by the 

Atlantic States Marine Fisheries 

Commission 

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

Abstract: The National Marine 

Fisheries Service announces that it is 

considering, and seeking public 

comment on, revisions to Federal 

American lobster regulations for the 

Exclusive Economic Zone (EEZ) 

associated with effort control measures 

as recommended for Federal 

implementation by the Atlantic States 

Marine Fisheries Commission (ASFMC) 

and as outlined in the Interstate Fishery 

Management Plan (ISFMP) for American 

Lobster. This action will evaluate effort 

control measures in certain Lobster 

Conservation Management Areas 

including: Limits on future access based 

on historic participation criteria; 

procedures to allow trap transfers 

among qualifiers and impose a trap 

reduction or conservation tax on any 

trap transfers; and a trap reduction 

schedule to meet the goals of the ISFMP. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 05/10/05 70 FR 24495 

ANPRM Comment 

Period End.

06/09/05 

Notice of Public 

Meeting.

05/03/10 75 FR 23245 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AT31 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
40016 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

41. Collection and use of Tax 

Identification Numbers From Holders 

of and Applicants for National Marine 

Fisheries Service Permits 

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

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

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

Abstract: Pursuant to the Debt 

Collection Improvement Act of 1996 

(Debt Collection Act), the National 

Marine Fisheries Service (NMFS) will 

issue a rule to require that each existing 

holder of and future applicant for a 

permit, license, endorsement, 

authorization, transfer, or like 

instrument issued by the agency provide 

a Taxpayer Identification Number (TIN) 

(business, employer identification 

number, or individual’s social security 

number) and Date of Incorporation or 

Date of Birth, as appropriate. Under the 

Debt Collection Act, NMFS is required 

to collect the TIN to report on and 

collect any delinquent non-tax debt 

owed to the Federal Government. NMFS 

plans to use Date of Incorporation or 

Date of Birth information for 

administrative aspects of permitting 

procedures with appropriate 

confidentiality safeguards pursuant to 

the Privacy Act. The rule will specify: 

(a) The particular uses that may be made 

of the reported TIN; (b) the effects, if 

any, of not providing the required 

information; (c) how the information 

will be used to ascertain if the permit 

holder or applicant owes delinquent 

non-tax debt to the Government 

pursuant to the Debt Collection Act; (d) 

the effects on the permit holder or 

applicant when such delinquent debts 

are owed; and (e) the agency’s intended 

communications with the permit holder 

or applicant regarding the relationship 

of such delinquent debts to its 

permitting process and the need to 

resolve such debts as a basis for 

completing permit issuance or renewal. 

The rule will amend existing agency 

permit regulations and contain all 

appropriate modified and new 

collections-of-information pursuant to 

the Paperwork Reduction Act. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Room 13362, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–2334, Fax: 301 

713–0596, E-mail: 

alan.risenhoover@noaa.gov. 

RIN: 0648–AV76 

42. Marine Mammal Protection Act 

Stranding Regulation Revisions 

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

U.S.C. 1382; 16 U.S.C. 1421 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

changes to its implementing regulations 

(50 CFR 216) governing the taking of 

stranded marine mammals under 

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

IV of the Marine Mammal Protection 

Act and is soliciting public comment to 

better inform the process. NMFS intends 

to clarify the requirements and 

procedures for responding to stranded 

marine mammals and for determining 

the disposition of rehabilitated marine 

mammals, which includes the 

procedures for the placement of nonreleasable animals and for authorizing 

the retention of releasable rehabilitated 

marine mammals for scientific research, 

enhancement, or public display. This 

action will be analyzed under the 

National Environmental Policy Act with 

an Environmental Assessment. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 01/31/08 73 FR 5786 

ANPRM Comment 

Period End.

03/31/08 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: David Cottingham, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2322, Fax: 301 713– 

2521, E-mail: 

david.cottingham@noaa.gov. 

RIN: 0648–AW22 

43. Regulatory Amendment To Correct 

and Clarify Amendment 13 and 

Subsequent Frameworks of the 

Northeast Multispecies Fishery 

Management Plan 

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

Abstract: This action would make 

corrections and clarifications to the final 

rule implementing Amendment 13 to 

the Northeast Multispecies Fishery 

Management Plan, as well as subsequent 

groundfish actions. These corrections 

are administrative in nature and are 

intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 13 and subsequent actions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov.. 

RIN: 0648–AW95 

44. Amendment 11 to the Atlantic 

Mackerel, Squid, Butterfish Fishery 

Management Plan 

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

Abstract: Amendment 11 to the 

Atlantic Mackerel, Squid, Butterfish 

Fishery Management Plan may consider: 

(1) Limited access in the Atlantic 

mackerel (mackerel) fishery; (2) 

implementation of annual catch limits 

(ACLs) and accountability measures 

(AMs) for mackerel and butterfish 

required under the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act of 2006 (MSRA); (3) 

updating of the description and 

identification of essential fish habitat 

(EFH) for all life stages of mackerel, 

Loligo squid, Illex squid, and butterfish 

(including gear impacts on Loligo squid 

egg EFH); and (4) possible limitations on 

at-sea processing of mackerel. 

Timetable: 

Action Date FR Cite 

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

NPRM .................. 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AX05 

45. Amendment 30 to the Fishery 

Management Plan for Bering Sea and 

Aleutian Islands King and Tanner 

Crabs Arbitration Regulations 

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

Pub. L. 109–241; Pub. L. 109–479 

Abstract: This action would 

implement Amendment 30 to the 

Fishery Management Plan for Bering Sea 

and Aleutian Islands King and Tanner 

Crabs to make minor modifications to 

the arbitration system used to settle 


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price and other disputes among 

harvesters and processors in the Bering 

Sea/Aleutian Islands crab 

rationalization program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Notice of Availability.06/00/11 

Final Rule ............ 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov. 

RIN: 0648–AX47 

46. Fisheries Off West Coast States and 

in the Western Pacific; Klamath River 

Fall Chinook Salmon Rebuilding Plan 

Legal Authority: 16 U.S.C. 1854 

Abstract: This action would adopt a 

rebuilding plan for the Klamath River 

fall Chinook salmon (KRFC) stock, 

which failed to meet conservation 

objectives specified in the Fishery 

Management Plan for the 3-year period 

from 2004 to 2006. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/11 

NPRM Comment 

Period End.

12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Room 13362, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–2334, Fax: 301 

713–0596, E-mail: 

alan.risenhoover@noaa.gov. 

RIN: 0648–AY06 

47. Amendment 3 to the Spiny Dogfish 

Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: The New England and MidAtlantic Fishery Management Councils 

(Councils) announce their intention to 

prepare, in cooperation with NMFS, an 

Environmental Impact Statement (EIS) 

in accordance with the National 

Environmental Policy Act to assess 

potential effects on the human 

environment of alternative measures to 

address several issues regarding the 

Spiny Dogfish Fishery Management 

Plan (FMP). Issues that may be 

addressed include: Initiating a Research 

Set-Aside provision; specifying the 

spiny dogfish quota and/or possession 

limits by sex; adding a recreational 

fishery to the FMP; identifying 

commercial quota allocation 

alternatives; and establishing a limited 

access fishery. 

Timetable: 

Action Date FR Cite 

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

Notice of Intent 

Comment Period End.

09/04/09 

Notice of Intent 

To Prepare an 

Environmental 

Impact Statement.

05/13/10 75 FR 26920 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AY12 

48. Generic Amendment for Annual 

Catch Limits 

Legal Authority: 16 U.S.C. 1801 

Abstract: The generic amendment is 

intended to modify five of the Gulf of 

Mexico Fishery Management Council’s 

Fishery Management Plans (FMPs). 

These include FMPs for: Reef Fish 

Resources, Shrimp, Stone Crab, Coral 

and Coral Reef Resources, and Red 

Drum. NMFS and the Council will 

develop these Annual Catch Limits 

(ACLs) in co-operation with the 

Scientific and Statistical Committee and 

the Southeast Fisheries Science Center. 

NMFS, in collaboration with the 

Council, will develop a Draft 

Environmental Impact Statement to 

evaluate alternatives and actions for the 

ACLs. Some examples of these actions 

include: Establishing sector specific 

ACLs, selecting levels of risk associated 

with species yields, considering 

removal or withdrawal of species from 

FMPs, and delegating species or species 

assemblages to state regulators. 

Timetable: 

Action Date FR Cite 

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

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY22 

49. Amendment 14 to the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan 

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

Abstract: The purpose of Amendment 

14 is to consider catch shares in the 

Loligo and Illex fisheries and 

monitoring/mitigation for river herring 

bycatch in mackerel, squid and 

butterfish (MSB) fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AY26 

50. Fisheries in the Western Pacific; 

Pelagic Fisheries; Purse Seine Fishing 

With Fish Aggregation Devices 

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

Abstract: The Western Pacific Council 

is amending the Pelagics Fishery 

Ecosystem Plan (FEP) to (1) define fish 

aggregating devices (FADs) as 

purposefully deployed or instrumented 

floating objects; (2) require FADs to be 

registered; and (3) prohibit purse seine 

fishing using FADs in the US EEZ of the 

western Pacific. The objective of this 

action is to appropriately balance the 

needs and concerns of the western 

Pacific pelagic fishing fleets and 

associated fishing communities with the 

conservation of tuna stocks in the 

western Pacific. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alvin Katekaru, 

Assistant Regional Administrator, 

Sustainable Fisheries, Department of 


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Commerce, National Oceanic and 

Atmospheric Administration, 1601 

Kapiolani Boulevard, Honolulu, HI 

96814, Phone: 808 944–2207, Fax: 808 

973–2941, E-mail: 

alvin.katekaru@noaa.gov. 

RIN: 0648–AY36 

51. Amendment 5 to the Atlantic 

Herring Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: Amendment 5 to the 

Atlantic Herring Fishery Management 

Plan will consider: catch monitoring 

programs; interactions with river 

herring; access by herring midwater 

trawl vessels in groundfish closed areas; 

and interactions with the mackerel 

fishery. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AY47 

52. Amendment 2 to the FMP for the 

Queen Conch Fishery of Puerto Rico 

and the U.S. Virgin Islands and 

Amendment 5 to the Reef Fish FMP of 

Puerto Rico and the U.S. Virgin Islands 

Legal Authority: 16 U.S.C. 1801 

Abstract: The Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSRA: Pub. L. 94–265), as 

amended through January 12, 2007, 

requires the establishment of annual 

catch limits (ACLs) and accountability 

measures (AMs) during 2010 for all 

species that are considered to be 

overfished or undergoing overfishing. 

The present amendment is being 

promulgated to meet those MSRA 

mandates as well as to establish 

framework procedures with which to 

effect future changes to the management 

plan and to restructure the fisheries 

management units for grouper and 

snapper. Various alternatives are 

included in the draft amendment, 

including maintenance of the status quo 

for each action as well as various 

alternatives regarding the yearsequences used to establish ACLs and 

the strategies to be employed to account 

for overages and to respond to needed 

changes in management methods. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

NPRM Comment 

Period End.

08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY55 

53. Amendment 10 to the Fishery 

Management Plan for Spiny Lobster in 

the Gulf of Mexico and South Atlantic 

Legal Authority: 16 U.S.C. 1801 

Abstract: The 2006 Reauthorization of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSFCMA) included a number of 

changes to improve conservation of 

managed fishery resources. Included in 

these changes are requirements that the 

Regional Councils must establish both a 

mechanism for specifying annual catch 

limits (ACLs) at a level such that 

overfishing does not occur in the 

fishery, and accountability measures 

(AMs) to correct if overages occur. 

Accountability measures are 

management controls to prevent the 

ACLs from being exceeded and to 

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

Spiny Lobster fishery is jointly managed 

by the Gulf and South Atlantic 

Councils. Amendment 10 to the FMP 

will set ACLs and AMs, review current 

regulations, and implement reasonable 

and prudent measures from the 

Biological Opinion. 

Timetable: 

Action Date FR Cite 

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

Notice of Intent 

Comment Period End.

04/12/10 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY72 

54. Comprehensive Annual Catch 

Limits Amendment to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of this 

amendment is to establish Annual Catch 

Limits (ACLs) and Accountability 

Measures (AMs) for species not 

undergoing overfishing, including 

management measures to reduce the 

probability that catches will exceed the 

stocks’ ACLs pursuant to reauthorized 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requirements. 

Proposed actions include removal of 

species from the South Atlantic Snapper 

Grouper Fishery Management Unit; 

designating some Snapper Grouper 

species as ecosystem component 

species; considering multi-species 

groupings for specifying ACLs, ACTs, 

and AMs; specifying allocations among 

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

overfishing; and modifying management 

measures to limit total mortality to the 

ACL. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY73 

55. Amendment 20 to the Snapper 

Grouper Fishery Management Plan of 

the South Atlantic Region 

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

Abstract: Amendment 20 to the 

Fishery Management Plan for the 

Snapper Grouper Fishery of the South 

Atlantic Region consists of regulatory 

actions that focus on modifications to 

the wreckfish individual transferable 

quota (ITQ) program, bringing the 

program into compliance with the 

Reauthorized Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), and make 

other administrative, monitoring, and 

enforcement changes. 

Timetable: 


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Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY74 

56. Amendment to Recover the 

Administrative Costs of Processing 

Permit Applications 

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

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

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

seq.; Pub. L. 108–447 

Abstract: This action amends the 

fishery management plans of the North 

Pacific Fishery Management Council 

and revises federal regulations at 50 

CFR 679 to recover the administrative 

costs of processing applications for 

permits required under those plans. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov. 

RIN: 0648–AY81 

57. Amendment to Correct and Clarify 

Amendment 16 and Subsequent 

Frameworks of the Northeast 

Multispecies Fisheries Management 

Plan 

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

Abstract: This action corrects and 

clarifies the final rule implementing 

Amendment 16 to the Northeast 

Multispecies Fishery Management Plan, 

as well as subsequent groundfish 

actions. These corrections are 

administrative in nature and are 

intended to correct inaccurate 

references and other inadvertent errors 

and to clarify specific regulations to 

maintain consistency with the intent of 

Amendment 16 and subsequent actions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AY95 

58. Fishing Capacity Reduction 

Program for the Southeast Alaska Purse 

Seine Salmon Fishery 

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

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

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

161 

Abstract: This rule would implement 

a Capacity Reduction Program for the 

Southeast Alaska Purse Seine Salmon 

Fishery, which is a state controlled 

fishery. This program is voluntary and 

holders of valid limited entry permits 

issued by the Alaska Commercial 

Fisheries Entry Commission to operate 

in the Southeast Alaska Purse Seine 

Salmon Fishery are eligible to 

participate. Permit holders in the 

program will receive up to $23.5 

million, in the aggregate, in exchange 

for relinquishing permits. NMFS would 

issue a 30-year loan to finance the 

buyback and the loan would be repaid 

by those harvesters remaining in the 

fishery. The intent of this rule is to 

permanently reduce the most harvesting 

capacity in the fishery at the least cost, 

which should result in increased 

harvesting productivity for postreduction permit holders participating 

in the fishery and should improve 

flexibility in the conservation and 

management of the fishery. The rule 

would also establish a fee collection 

system to ensure repayment of the loan. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gary C Reisner, 

Director, Office of Management and 

Budget, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2259, Fax: 301–713– 

1464, E-mail: gary.reisner@noaa.gov. 

RIN: 0648–BA13 

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

Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: This action is required to 

bring the Atlantic Deep-Sea Red Crab 

FMP into compliance with the 

reauthorized Magnuson-Stevens Fishery 

Conservation and Management Act by 

incorporating an annual catch limit 

(ACL) and accountability measures 

(AMs). The Red Crab FMP may also be 

modified to implement a ‘‘hard quota’’ 

(or total allowable landings (TAL)) in 

place of the current target total 

allowable catch (TAC) and days-at-sea 

(DAS) system. Other management 

measures currently in place may be 

modified or eliminated. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA22 

60. • Framework Adjustment 7 to the 

Monkfish Fishery Management Plan 

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

Abstract: Framework Adjustment 7 to 

the Monkfish FMP would adjust the 

annual catch target (ACT) for the 

Northern Fishery Management Area 

(NFMA) to be consistent with the most 

recent scientific advice regarding the 

acceptable biological catch (ABC) for 

monkfish. The New England Fishery 

Management Council’s Scientific and 

Statistical Committee (SSC) has 

recommended a revision to the ABC, 

based on the recent stock assessment 

(SARC 50), that is lower that the ACT 

for the NFMA proposed in Amendment 

5 to the Monkfish FMP. Specifically, the 

SSC recommended a revised NFMA 

ABC of 7,592 mt, which is 29 percent 

lower than the NFMA ACT of 10,750 mt 

proposed in Amendment 5. Conversely, 

the recalculated ABC for the Southern 

Fishery Management Area (SFMA) is 

850 mt higher than the Council’s 

recommended ACT for that area. Thus, 

no change is proposed for the SFMA. 

Framework 7 would also specify a new 

day-at-sea (DAS) allocation and trip 

limits for the NFMA commensurate 

with the new ACT (as necessary), and 

adopt revised biomass reference points 


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based on the recommendations of SARC 

50 and the SSC. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA46 

61. • Amendment 6 to the Monkfish 

Fishery Management Plan 

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

Abstract: The purpose of Amendment 

6 to the Monkfish FMP is to consider 

developing a catch share management 

program for this fishery. This would 

very likely also involve the 

development of a referendum for such a 

program, as required under the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA50 

62. • Amendment 24 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of the 

amendment is to implement a 

rebuilding plan for red grouper in the 

South Atlantic that would specify 

annual catch targets and annual catch 

limits by sector. NMFS notified the 

Council of the stock status on June 9, 

2010; the Magnuson-Stevens Act 

specifies that measures must be 

implemented within two years of 

notification. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA52 

63. • Amendment 22 to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

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

Abstract: The purpose of the 

amendment is to establish a long-term 

red snapper fishery management 

program in the South Atlantic to 

optimize yield and rebuild the stock, 

while minimizing socioeconomic 

impacts. More specifically, these 

alternatives will consider the 

elimination of harvest restrictions on 

red snapper as the stock increases in 

biomass. 

Timetable: 

Action Date FR Cite 

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

Notice of Intent 

Comment Period End.

02/14/11 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov 

RIN: 0648–BA53 

64. • Amendment 5 to the Golden Crab 

Fishery Management Plan of the South 

Atlantic 

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

Abstract: Golden Crab Amendment 5 

examines alternatives for a catch share 

program to limit participation in the 

golden crab fishery. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA60 

65. • Atlantic Highly Migratory 

Species; Electronic Mobile Transmitting 

Unit Vessel Monitoring Systems 

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

16 U.S.C. 1801 et seq. 

Abstract: National Marine Fisheries 

Service (NMFS) is preparing a rule that 

considers requiring the replacement of 

currently required Mobile Transmitting 

Unit (MTU) Vessel Monitoring System 

(VMS) units with Electronic Mobile 

Transmitting Unit (E–MTU) VMS units 

in Atlantic HMS fisheries. The rule 

would also consider implementing a 

declaration system where vessels 

declare target species and gear type used 

and requiring that a certified marine 

electrician install all E–MTU VMS 

units. The purpose of this rulemaking 

would be to remove out-dated MTU 

VMS units from service in Atlantic HMS 

fisheries, provide the National Oceanic 

and Atmospheric Association Office of 

Law Enforcement (NOAA OLE) with 

enhanced communication with HMS 

vessels at sea, improve enforcement 

capabilities of current regulations, 

provide additional flexibility for future 

management options, and provides a 

secondary safety capability that has 

proven useful, but does not replace, 

primary safety tools such as Emergency 

Position Indicating Radio Beacons 

(EPIRB). 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2234, E-mail: 

emily.menashes@noaa.gov. 

RIN: 0648–BA64 

66. • Management Measures for Tuna 

Fisheries Operating in the Eastern 

Pacific Ocean 

Legal Authority: 16 U.S.C. 951 to 961 

and 971 et seq. 

Abstract: NMFS proposes regulations 

under the Tuna Conventions Act of 


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1950, as amended, to implement 

decisions of the Inter-American Tropical 

Tuna Commission (IATTC). At its 

eighty-first meeting, in September 2010, 

the IATTC adopted the following three 

recommendations: (1) Recommendation 

on Tuna Conservation 2011–2013 (C– 

10–01); (2) Recommendation on 

Seabirds (C–10–02); and (3) 

Recommendation Prohibiting Fishing on 

Data Buoys (C–10–03). The United 

States already has domestic seabird 

conservation measures in place for U.S. 

longline fisheries that operate in the 

eastern Pacific Ocean (EPO) that satisfy 

the requirements under 

Recommendation C–10–02. Thus, this 

rule would implement IATTC 

Recommendations C–10–01 and C–10– 

03, and update vessel monitoring 

system (VMS) requirements in the EPO 

in accordance with IATTC Resolution 

C–04–06. 

This rule would amend current tuna 

conservation measures in the longline 

and purse seine fisheries by (1) reducing 

the duration of the purse seine closure 

period in the EPO from 73 to 62 days 

in 2011 and continuing this purse seine 

closure period in 2012 and 2013; (2) 

allowing vessel owners to choose 

between two closure periods each year 

rather than requiring the entire U.S. 

fleet to adhere to one closure period; (3) 

continuing the 500 metric ton bigeye 

tuna quota for large-scale longline 

vessels for 2011–2013; (4) renewing the 

tuna retention program in the purse 

seine fishery; (5) prohibiting tuna 

fishing vessels from fishing within one 

nautical mile of data buoys in the EPO; 

and (6) requiring tuna fishing vessels 

over 24 meters in length to install and 

operate VMS. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mark Helvey, 

Assistant Regional Administrator for 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802, Phone: 562 980–4040, Fax: 562 

980–4047, E-mail: 

mark.helvey@noaa.gov. 

RIN: 0648–BA66 

67. • Amendment 13 to the Coastal 

Pelagic Species Fishery Management 

Plan 

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

Abstract: The intent of Amendment 

13 to the Coastal Pelagic Species Fishery 

Management Plan is to revise relevant 

sections of the plan to ensure they are 

consistent with the advisory guidelines 

published in Federal regulations at 50 

CFR 600.310. The guidelines describe 

fishery management approaches to meet 

the objectives of National Standard 1 

(NS1) found in the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA), Section 301. Amendment 13 

includes mechanisms for annual catch 

limits and accountability measures and 

other provisions for preventing and 

ending overfishing. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mark Helvey, 

Assistant Regional Administrator for 

Sustainable Fisheries, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802, Phone: 562 980–4040, Fax: 562 

980–4047, E-mail: 

mark.helvey@noaa.gov. 

RIN: 0648–BA68 

68. • Atlantic Highly Migratory 

Species; Implementing International 

Convention for the Conservation of 

Atlantic Tunas Recommendations on 

Sharks 

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

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

Abstract: This action would 

implement two recommendations 

adopted at the 2010 annual meeting of 

the International Commission for the 

Conservation of Atlantic Tunas (ICCAT). 

Recommendation 10–07 prohibits the 

retention, transshipping, landing, 

storing, or selling of oceanic whitetip 

sharks. Recommendation 10–08 

prohibits the retention, transshipping, 

landing, storing, or selling of 

hammerhead sharks in the family 

Sphyrnidae, except for Sphyrnidae 

tiburo, taken in the Convention area in 

association with ICCAT fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Final Action ......... 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo Schulze– 

Haugen, Supervisory Fish Management 

Officer, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–0234, Fax: 301 713– 

1917, E-mail: margo.schulzehaugen@noaa.gov. 

RIN: 0648–BA69 

69. • Amendment 15 to the Atlantic Sea 

Scallop Fishery Management Plan 

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

Abstract: Amendment 15 to the 

Atlantic Sea Scallop Fishery 

Management Plan (Scallop FMP) was 

developed by the New England Fishery 

Management Council (Council) to 

implement annual catch limits (ACLs) 

and accountability measures (AMs) to 

come into compliance with new 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA). In addition, Amendment 15 

to the Scallop FMP includes measures 

that would make management of the 

scallop fishery more effective including: 

Modification of the overfishing 

definition for scallops; an increase in 

the possession limit for limited access 

general category (LAGC) vessels; an 

allowance for carryover of individual 

fishing quota (IFQ) for LAGC vessels; a 

provision to enable LAGC vessel owners 

to permanently transfer IFQ separate 

from the vessel’s LAGC permit; revision 

of the essential fish habitat closures 

under the Scallop FMP; and several 

changes to the scallop research set aside 

program. 

Timetable: 

Action Date FR Cite 

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

NPRM .................. 06/00/11 

Final Action ......... 08/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA71 

70. • Framework Adjustment 22 to the 

Scallop Fishery Management Plan 

Legal Authority: 16 U.S.C. 1801 

Abstract: Framework 22 to the 

Atlantic Sea Scallop FMP (Framework 

22) would set management measures for 

the scallop fishery for the 2011 to 2013 

fishing years (FYs), including the 

annual catch limits (ACL) and annual 

catch targets for the limited access and 

limited access general category fleets 

based on the ACL framework proposed 

in Amendment 15 to the FMP. In 

addition, Framework 22 will revise the 


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scallop access area schedules for FYs 

2011 to 2013, set the scallop days-at-sea 

(DAS) allocations and sea scallop access 

area trip allocations, and set measures to 

minimize impacts of incidental take of 

sea turtles in the Mid-Atlantic total 

allowable catches (TACs) for the 

Northern Gulf of Maine management 

area, observer set-aside, and incidental 

landings (target TAC). 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA72 

71. • Atlantic Highly Migratory Species 

Electronic Dealer Reporting 

Requirements 

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

Abstract: This rulemaking would 

require all federally-permitted Atlantic 

Highly Migratory Species (HMS) dealers 

to report commercially-caught HMS 

(i.e., Atlantic sharks, tunas, and 

swordfish) to the National Marine 

Fisheries Service (NMFS) through an 

electronic reporting system. In addition, 

this rulemaking would clarify that a 

dealer is only authorized to buy 

commercially-caught HMS if the dealer 

reports have been submitted to NMFS in 

a timely manner. Any delinquent 

reports would need to be submitted and 

accepted before a dealer could buy 

commercially-caught HMS. Finally, this 

rulemaking would require that all 

commercially harvested HMS caught by 

federally-permitted fishermen be 

offloaded to federally-permitted and 

certified HMS dealers, who must report 

the associated catch to NMFS. These 

measures are necessary to ensure timely 

and accurate reporting, which is critical 

for quota monitoring and management 

of HMS. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

NPRM Comment 

Period End.

07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo Schulze– 

Haugen, Supervisory Fish Management 

Officer, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–0234, Fax: 301 713– 

1917, E-mail: margo.schulzehaugen@noaa.gov. 

RIN: 0648–BA75 

72. • Catch Reporting Regulatory 

Rulemaking for the Atlantic Herring 

Fishery 

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

Abstract: The goal of the catch 

reporting rulemaking is to improve 

monitoring of the annual catch limit 

(ACL) and sub-ACLs for each 

management area in the Atlantic herring 

fishery. Requirements under 

consideration include: Daily reporting 

via vessel monitoring systems for 

limited access herring vessels, weekly 

reporting via the interactive voice 

response system for open access vessels, 

and weekly submission of vessel trip 

reports for limited access and/or open 

access vessels. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA79 

73. • Bering Sea Chinook Salmon 

Economic Data Reporting Program 

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

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

seq. 

Abstract: NMFS proposes to 

implement the Chinook Salmon 

Economic Data Program to evaluate the 

effectiveness of Chinook salmon bycatch 

management measures for the Bering 

Sea pollock fishery that were 

implemented under Amendment 91 to 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). The proposed rule is intended to 

promote the goals and objectives of the 

FMP, the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable law. 

To collect the data, NMFS would 

require submission of each of the 

following three reports/surveys. These 

would be in a fillable electronic format 

available on the NMFS AKR website. 

Representatives of AFA catcher/ 

processor and mothership sectors, 

inshore cooperatives, the inshore open 

access fishery, and CDQ groups would 

be responsible to submit the Chinook 

EDR. The Reports/Surveys are: Chinook 

Salmon PSC Allocation Compensated 

Transfer Report (CTR); Vessel Fuel 

Survey; and the Vessel Master Survey. 

In addition to these reports/surveys, 

NMFS would collect new information 

concerning vessel movements on the 

fishing grounds and more general data 

on pollock allocations and transfers 

through revisions of requirements to the 

existing IPA Annual Report. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Final Rule ............ 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7221, Fax: 907 586–7465, E-mail: 

jim.balisger@noaa.gov. 

RIN: 0648–BA80 

74. • 2011 Summer Flounder, Scup, 

and Black Sea Bass Recreational 

Management Measures and Scup 

Specification Increase (Increased 2011 

Total Allowable Landings) 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rulemaking would 

conduct two related actions: It would 

publish a proposed increase to the 

previously established 2011 scup TAC 

and TAL and would propose 

management measures to achieve 

recreational harvest limits for the 

summer flounder, scup, and black sea 

bass recreational fisheries. Recreational 

management measures include 

recreational possession limits, 

minimum fish sizes, and seasonal 

closures. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 


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Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA92 

75. Potential Revisions to the Turtle 

Excluder Device Requirements 

Legal Authority: 16 U.S.C. 1533 

Abstract: With this action, the 

National Marine Fisheries Service 

(NMFS) announces that it is considering 

technical changes to the requirements 

for turtle excluder devices (TEDs) and 

solicits public comment. Specifically, 

NMFS would modify the size of the TED 

escape opening currently required in the 

summer flounder fishery; require the 

use of TEDs in the whelk, calico scallop, 

and Mid-Atlantic scallop trawl fisheries; 

require the use of TEDs in flynets; and 

move the current northern boundary of 

the Summer Flounder Fishery-Sea 

Turtle Protection Area off Cape Charles, 

Virginia, to a point farther north. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 02/15/07 72 FR 7382 

ANPRM Comment 

Period End.

03/19/07 

ANPRM Comment 

Period Extended.

03/19/07 72 FR 12749 

NPRM .................. 10/00/11 

NPRM Comment 

Period End.

12/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AV04 

76. Marine Mammal Protection Act 

Permit Regulation Revisions 

Legal Authority: 16 U.S.C. 1374 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

changes to its implementing regulations 

(50 CFR 216) governing the issuance of 

permits for scientific research and 

enhancement activities under section 

104 of the Marine Mammal Protection 

Act and is soliciting public comment to 

better inform the process. NMFS intends 

to streamline and clarify general 

permitting requirements and 

requirements for scientific research and 

enhancement permits, simplify 

procedures for transferring marine 

mammal parts, possibly apply the 

General Authorization (GA) to research 

activities involving Level A harassment 

of non-endangered marine mammals, 

and implement a ‘‘permit application 

cycle’’ for application submission and 

processing of all marine mammal 

permits. NMFS intends to write 

regulations for marine mammal 

photography permits and is considering 

whether this activity should be covered 

by the GA. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 09/13/07 72 FR 52339 

ANPRM Comment 

Period Extended.

10/15/07 72 FR 58279 

ANPRM Comment 

Period End.

11/13/07 72 FR 52339 

ANPRM Comment 

Period Extended End.

12/13/07 72 FR 58279 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802, Phone: 907 

586–7235, Fax: 301 713–2521, E-mail: 

michael.payne@noaa.gov. 

RIN: 0648–AV82 

77. Reduce Sea Turtle Bycatch in 

Atlantic Trawl Fisheries 

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

Abstract: NMFS is initiating a 

rulemaking action to reduce injury and 

mortality to endangered and threatened 

sea turtles resulting from incidental 

take, or bycatch, in trawl fisheries in the 

Atlantic waters. NMFS will likely 

address the size of the turtle excluder 

device (TED) escape opening currently 

required in the summer flounder trawl 

fishery, the definition of a summer 

flounder trawler, and the use of TEDs in 

this fishery; the use of TEDs in the 

croaker and weakfish flynet, whelk, 

Atlantic sea scallop, and calico scallop 

trawl fisheries of the Atlantic Ocean; 

and new seasonal and temporal 

boundaries for TED requirements. In 

addition, this rule will address the 

definition of the Gulf Area applicable to 

the shrimp trawl fishery in the southeast 

Atlantic and Gulf of Mexico. The 

purpose of the rule is to aid in the 

protection and recovery of listed sea 

turtle populations by reducing mortality 

in trawl fisheries through the use of 

TEDs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexis Gutierrez, 

Foreign Affairs Specialist, Department 

of Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–2322, Fax: 301 

713–4060, E-mail: 

alexis.gutierrez@noaa.gov. 

RIN: 0648–AY61 

78. • False Killer Whale Take 

Reduction Plan (Section 610 Review) 

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

Abstract: NMFS is undertaking 

rulemaking to implement a False Killer 

Whale Take Reduction Plan (FKWTRP). 

The FKWTRP is based on consensus 

recommendations submitted by the 

False Killer Whale Take Reduction 

Team (FKWTRT). This action is 

necessary because current serious injury 

and mortality rates of the Hawaii Pelagic 

stock of false killer whales incidental to 

the Category I Hawaii-based deep-set 

(tuna target) longline fishery and 

Category II Hawaii-based shallow-set 

(swordfish target) fishery are above the 

stock’s potential biological removal 

(PBR) level, and therefore inconsistent 

with the short-term goal of the Marine 

Mammal Protection Act (MMPA). 

Additionally, serious injury and 

mortality rates of the Hawaii Insular 

stock and Palmyra Atoll stocks of false 

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

above insignificant levels approaching a 

zero mortality and serious injury rate, 

and therefore inconsistent with the 

long-term goal of the MMPA. The 

FKWTRP is intended to meet the 

statutory mandates and requirements of 

the MMPA through both regulatory and 

non-regulatory measures, and research 

and data collection priorities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kristy Long, 

Fisheries Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, Room 

13738, 1315 East-West Highway, Silver 

Spring, MD 20910, Phone: 301 713– 

2322, Fax: 301 427–2522, E-mail: 

kristy.long@noaa.gov. 

RIN: 0648–BA30 

79. • Amendment to Regulations Under 

the Bottlenose Dolphin Take Reduction 

Plan 

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


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Abstract: Serious injury and mortality 

of the Western North Atlantic bottlenose 

dolphin stocks incidental to Category I 

and II fisheries continue at levels 

potentially exceeding Potential 

Biological Removal (PBR) levels, 

requiring additional management 

measures under the Bottlenose Dolphin 

Take Reduction Plan (BDTRP). 

Therefore, the purpose of the proposed 

actions is to amend the BDTRP to 

reduce serious injury and mortality of 

bottlenose dolphins in the Virginia 

pound net fishery (Category II) and midAtlantic gillnet fishery (Category I) in 

North Carolina, specifically, the spiny 

dogfish fishery. The need for the 

proposed actions is to ensure the 

BDTRP meets its MMPA mandated 

short- and long-term goals. NMFS will 

examine a number of management 

measures, including consensus 

recommendations from the Bottlenose 

Dolphin Take Reduction Team, 

designed to reduce the incidental 

mortality or serious injury of bottlenose 

dolphins taken in both the Virginia 

pound net fishery and spiny dogfish 

fishery in North Carolina to below PBR, 

as well as other updates supporting the 

objectives of the BDTRP. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stacey Leah Carlson, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 13th 

Avenue South, St. Petersburg, FL 33701, 

Phone: 727 824–5312, Fax: 727 824– 

5309, E-mail: stacey.carlson@noaa.gov. 

RIN: 0648–BA34 

80. • Revision of Hawaiian Monk Seal 

Critical Habitat 

Legal Authority: 16 U.S.C. 1533 

Abstract: On July 9, 2008, NMFS 

received a petition from the Center for 

Biological Diversity, Kahea, and the 

Ocean Conservancy to revise the 

Hawaiian monk seal critical habitat 

designation by adding the following 

areas in the main Hawaiian Islands 

(MHI): Key beach areas, sand spits and 

islets, including all beach crest 

vegetation to its deepest extent inland, 

lagoon waters, inner reef waters, and 

ocean waters out to a depth of 200 m. 

In addition, the Petitioners requested 

that designated critical habitat in the 

NWHI be extended to include Sand 

Island at Midway, as well as ocean 

waters out to a depth of 500 meters. On 

October 3, 2008, NMFS announced in 

the 90-day finding that the petition 

presented substantial scientific 

information indicating that a revision to 

the current critical habitat designation 

may be warranted. On June 12, 2009, in 

the 12-month finding, NMFS announced 

that a revision to critical habitat is 

warranted, on account of new 

information available regarding habitat 

use by the Hawaiian monk seal, and 

announced our intention to proceed 

towards a proposed rule. This proposed 

rule describes the proposed critical 

habitat designation, including 

supporting information on Hawaiian 

monk seal biology, distribution, and 

habitat use, and the methods used to 

develop the proposed revision to 

Hawaiian monk seal critical habitat. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

Final Action ......... 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–1401, Fax: 301 427– 

2523, E-mail: 

marta.nammack@noaa.gov. 

RIN: 0648–BA81 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Ffisheries Sservice 

81. Amending Regulations for the 

Pacific Halibut, Sablefish, and Pollock 

Fisheries Conducted Under the Western 

Alaska Community Development Quota 

(CDQ) Program 

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

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

3631 et seq.; Pub. L. 108–447 

Abstract: NMFS proposes to amend 

regulations that govern fisheries 

managed under the Western Alaska 

Community Development Quota (CDQ) 

Program. These revisions are needed to 

comply with certain changes made to 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) in 2006. 

Proposed changes include revising 

regulations associated with 

recordkeeping, vessel licensing, catch 

retention requirements, and fisheries 

observer requirements to ensure that 

they are no more restrictive than the 

regulations in effect for comparable nonCDQ fisheries managed under 

individual fishing quotas or cooperative 

allocations. In addition, NMFS proposes 

to remove CDQ Program regulations that 

now are inconsistent with the 

Magnuson-Stevens Act, including 

regulations associated with the CDQ 

allocation process, transfer of 

groundfish CDQ and halibut prohibited 

species quota, and the oversight of CDQ 

groups’ expenditures. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/12/10 

Final Rule ............ 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov. 

RIN: 0648–AV33 

82. Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) 

Environmental Review Procedure 

Legal Authority: 16 U.S.C. 1801 

Abstract: Section 107 of the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) (Pub.L. 

109–479) requires NOAA Fisheries to 

revise and update agency procedures for 

complying with the National 

Environmental Policy Act (NEPA) in 

context of fishery management actions. 

It further requires that NOAA Fisheries 

consult with the Council on 

Environmental Quality (CEQ) and the 

Regional Fishery Management Councils 

(Councils), and involve the public in the 

development of the revised procedures. 

The MSRA provides that the resulting 

procedures will be the sole 

environmental impact assessment 

procedure for fishery management 

actions, and that they must conform to 

the time lines for review and approval 

of fishery management plans and plan 

amendments. They must also integrate 

applicable environmental analytical 

procedures, including the time frames 

for public input, with the procedure for 

the preparation and dissemination of 

fishery management plans, plan 

amendments and other actions taken or 


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approved pursuant to this Act in order 

to provide for timely, clear and concise 

analysis that is useful to decision 

makers and the public, reduce 

extraneous paperwork, and effectively 

involve the public. 

This rule would revise and update the 

NMFS procedures for complying with 

NEPA in the context of fishery 

management actions developed 

pursuant to MSRA. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

06/13/08 

Final Action ......... 10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Steve Leathery, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2239, E-mail: 

steve.leathery@noaa.gov. 

RIN: 0648–AV53 

83. Amendment 4 to the Atlantic 

Herring Fishery Management Plan 

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

Abstract: The goal of Amendment 4 is 

to improve catch monitoring and ensure 

compliance with the Reauthorized 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSRA). The management measures 

developed in this amendment may 

address one or more of the following 

objectives: (1) To implement measures 

to improve the long-term monitoring of 

catch (landings and bycatch) in the 

herring fishery; (2) to implement annual 

catch limits and accountability 

measures consistent with the MSRA; 

(3) to implement other management 

measures as necessary to ensure 

compliance with the new provisions of 

the MSRA; (4) to develop a sector 

allocation process or other limited 

access privilege program for the herring 

fishery; and (5) in the context of 

objectives 1–4 (above), to consider the 

health of the herring resource and the 

important role of herring as a forage fish 

and a predator fish throughout its range. 

The New England Fishery 

Management Council will develop 

conservation and management measures 

to address the issues identified above 

and meet the goals/objectives of the 

amendment. Any conservation and 

management measures developed in this 

amendment also must comply with all 

applicable laws. 

Timetable: 

Action Date FR Cite 

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

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

Notice of Availability Comment 

Period End.

10/12/10 

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

NPRM Comment 

Period End.

12/02/10 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–AW75 

84. Allowable Modifications to the 

Turtle Excluder Device Requirements 

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

Abstract: NMFS proposes to revise the 

Turtle Excluder Device (TED) 

requirements to allow new materials 

and modifications to existing approved 

TED designs. Specifically, proposed 

allowable modifications include the use 

of flat bar, box pipe, and oval pipe for 

use in currently-approved TED grids; an 

increase in mesh size on escape flaps 

from 15⁄8 inches to 2 inches; the use of 

the Boone single straight cut and 

triangular escape openings; 

specifications on the use of TED grid 

brace bars; and the use of the Chauvin 

Shrimp Kicker to improve shrimp 

retention. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/02/10 75 FR 53925 

NPRM Comment 

Period End.

10/18/10 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Barnette, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 263 

Thirteenth Avenue South, St. 

Petersburg, FL 33701, Phone: 727 551– 

5794, Fax: 727 824–5583, E-mail: 

michael.barnette@noaa.gov. 

RIN: 0648–AW93 

85. Revoke Inactive Quota Share and 

Annual Individual Fishing Quota From 

a Holder of Quota Share Under the 

Pacific Halibut and Sablefish Fixed 

Gear Individual Fishing Quota Program 

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

seq.; 16 U.S.C. 773 

Abstract: This action would amend 

existing commercial fishing regulations 

for the fixed-gear Pacific Halibut and 

sablefish individual fishing quota 

program at 50 CFR 679. The amendment 

would revoke inactive quota share 

unless the quota share permit holder 

affirmatively notices NMFS in writing 

within 60 days of the agency’s 

preliminary determination of inactivity 

that they choose to (a) retain the 

inactive IFQ quota share, (b) activate the 

quota share through transfer or by 

fishing, or (c) appeal the preliminary 

determination. Quota share that is not 

activated through this process and is 

revoked would be proportionally 

distributed to the quota share pool. This 

regulatory revision is based on the 

recommendations of the North Pacific 

Fishery Management Council in June 

2006 and again in February 2009. 

Amending the regulations would 

improve the efficiency of the Pacific 

Halibut and Sablefish IFQ program and 

augment operational flexibility of 

participating fisherman. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

09/22/10 

Final Rule ............ 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, 

E-mail: robert.mecum@noaa.gov. 

RIN: 0648–AX91 

86. Amendment 3 to the Fishery 

Management Plan for Queen Conch 

Resources of Puerto Rico and the U.S. 

Virgin Islands Establishing Compatible 

Regulations With U.S. Virgin Islands 

Territorial Waters 

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

Abstract: At the June 2009 Council 

meeting, the Caribbean Fishery 

Management Council decided to amend 

the Fishery Management Plan for Queen 

Conch Resources of Puerto Rico and the 

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

compatible regulations with U.S.V.I. 


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territorial regulations. Currently, fishing 

for and possession of Queen Conch is 

prohibited in the Exclusive Economic 

Zone, with the exception of an area 

known as Lang Bank east of St. Croix, 

which is open to harvest of Queen 

Conch from October 1 through June 30. 

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

Conch is managed under a 50,000 

pound quota. This action would 

implement compatible regulations 

which will close the harvest of Queen 

Conch in Federal waters, including Lang 

Bank, once the quota has been reached 

in the U.S.V.I. and the fishery is closed 

in territorial waters. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/22/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY03 

87. Addendum IV to the Weakfish 

Interstate Management Plan—Bycatch 

Trip Limit 

Legal Authority: 16 U.S.C. 5101 

Abstract: NMFS proposes regulations 

that would modify management 

restrictions in the Federal weakfish 

fishery in a manner consistent with the 

Commission’s Weakfish Management 

Board’s (Board) approved Addendum IV 

to Amendment 4 to the ISFMP for 

Weakfish. In short, the proposed Federal 

regulatory change would decrease the 

incidental catch allowance for weakfish 

in the EEZ in non-directed fisheries 

using smaller mesh sizes, from 150 

pounds to no more than 100 pounds per 

day or trip, whichever is longer in 

duration. In addition it would impose a 

one fish possession limit on recreational 

fishers. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

06/11/10 

NPRM Comment 

Period ReOpened.

06/16/10 75 FR 34092 

NPRM Comment 

Period ReOpened End.

06/30/10 

Action Date FR Cite 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alan Risenhoover, 

Director, Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, Room 13362, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–2334, Fax: 301 

713–0596, E-mail: 

alan.risenhoover@noaa.gov. 

RIN: 0648–AY41 

88. Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2011 

to 2012 Biennial Specifications and 

Management Measures; FMP 

Amendment 16–5 and FMP Amendment 

23 

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

Abstract: This rule sets the 2011 to 

2012 harvest specifications and 

management measures for groundfish 

taken in the U.S. exclusive economic 

zone off the coasts of Washington, 

Oregon, and California. This rule also 

implements Pacific Coast Groundfish 

Fishery Management Plan Amendments 

16–5 and 23. 

Timetable: 

Action Date FR Cite 

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

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

Notice of Availability Comment 

Period End.

11/30/10 

NPRM Comment 

Period End.

12/03/10 

Final Action ......... 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 Sand 

Point Way NE., Seattle, WA 98115, 

Phone: 206 526–6142, Fax: 206 526– 

6736, E-mail: frank.lockhart@noaa.gov. 

RIN: 0648–BA01 

89. Emergency Rule to Re-Open the 

Recreational Red Snapper Season in 

the Gulf of Mexico 

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

Abstract: The Gulf of Mexico Fishery 

Management Council (Council) has 

requested that NOAA Fisheries Service 

publish an emergency rule that will 

provide authority to the Regional 

Administrator to re-open the 

recreational red snapper season after the 

September 30, 2010, end of the fishing 

season, if it is determined that landings 

during the June 1–July 23 open season 

did not meet the quota. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/31/10 

Final Emergency 

Rule.

09/24/10 75 FR 58335 

Final Emergency 

Rule Extension.

06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA06 

90. • 2011 Atlantic Bluefish 

Specifications 

Legal Authority: 16 U.S.C. 1801 

Abstract: This action will establish 

2011 Atlantic bluefish specifications, 

including State-by-State commercial 

quotas, a recreational harvest limit, and 

recreational possession limits for 

Atlantic bluefish off the east coast of the 

United States. The action also revises 

the Atlantic bluefish regulations for the 

specification of overall total allowable 

landings and the target fishing mortality 

rate to more clearly reflect the intent of 

the Atlantic Bluefish Fishery 

Management Plan. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

01/31/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA26 

91. • Framework Adjustment 45 to the 

Northeast Multispecies Fishery 

Management Plan 

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

Abstract: The New England Fishery 

Management Council (Council) is 

developing Framework Adjustment 45 


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to the Northeast Multispecies FMP to 

implement measures to update status 

determination criteria for pollock; revise 

the rebuilding program for Georges Bank 

yellowtail flounder; revise annual catch 

limits for several stocks; implement 

additional sectors, including statesponsored permit banks; modify a 

scallop exemption area; revise 

monitoring requirements; and 

implement a spawning closure area in 

the Gulf of Maine. These measures are 

expected to continue efforts to rebuild 

overfished stocks, minimize costs to 

industry, and increase the economic 

efficiency of vessel operations. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/18/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA27 

92. • Modification of Regulations 

Governing the Retention of 

Incidentally-Caught Highly Migratory 

Species in Atlantic Trawl Fisheries 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rule proposes to 

modify the regulations governing 

Atlantic highly migratory species (HMS) 

to address the retention of incidentallycaught North Atlantic swordfish in 

squid trawl fisheries, and the retention 

of incidentally caught species in the 

smoothhound shark complex (which 

includes smooth dogfish and Florida 

smoothhound (genus Mustelus)) in all 

Atlantic trawl fisheries. Trawl gear is 

not authorized in Atlantic HMS 

fisheries, but an allowance for the 

retention of incidentally-caught 

swordfish in trawl gears has been 

established to reduce regulatory 

discards. This rule would consider 

modifying the allowance for 

incidentally-caught HMS in trawl gears 

to reduce regulatory dead discards, to 

the extent practicable, by converting 

discards into landings, improve fishery 

data collection, provide additional 

opportunities for the U.S. swordfish 

quota to be caught, and accommodate 

traditional fishing methods (i.e., trawls) 

that incidentally capture North Atlantic 

swordfish and smoothhound shark 

species. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

04/17/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–0234, Fax: 301 713– 

1917, E-mail: margo.schulzehaugen@noaa.gov. 

RIN: 0648–BA45 

93. • Implementation of a Recreational 

Seasonal Closure for Greater 

Amberjack; Regulatory Framework 

Action to the Fishery Management Plan 

for Reef Fish Resources of the Gulf of 

Mexico (FMP) 

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

Abstract: To reduce the probability of 

early in-season closures for recreational 

greater amberjack in the Gulf of Mexico, 

the rule would close the greater 

amberjack recreational fishing season 

annually from June 1 through July 31. 

The intended effect of this rule is to 

maintain the rebuilding plan targets for 

the overfished greater amberjack, 

prevent the annual catch limit from 

being exceeded, and maximize the 

number of fishing days available to the 

recreational sector. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

02/23/11 

NPRM Reopening 

Comment Period.

03/10/11 76 FR 13122 

NPRM Reopening 

Comment Period End.

03/25/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA48 

94. • Regulatory Amendment 10 to the 

Fishery Management Plan for the 

Snapper Grouper Fishery of the South 

Atlantic Region 

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

Abstract: The purpose of the 

amendment is to reduce the spatial and 

temporal coverage of the regulations 

proposed in Amendment 17A to the 

Snapper Grouper FMP based on the 

most recent scientific information 

concerning the red snapper stock in the 

South Atlantic. The inclusion of a 

sunset provision to eliminate the 

prohibition to snapper grouper species 

in the closure area is also under 

consideration. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/21/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA51 

95. • Amendment to the Fishery 

Management Plan for the Reef to Set 

Total Allowable Catch for Red Snapper 

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

Abstract: This action would adjust the 

commercial and recreational quotas of 

red snapper to 3.66 and 3.525 MP, 

respectively, consistent with the 51:49 

ratio for the commercial and 

recreational allocation of red snapper 

established in Amendment 1 to the 

FMP. NOAA Fisheries Service will 

provide an estimated projection for the 

number of days in the 2011 recreational 

fishing season after the 2010 harvest 

numbers are received. 

In addition, NOAA Fisheries Service 

proposes to make administrative 

adjustments to the reef fish individual 

fishing quota program via the authority 

in 305(d) of the Magnuson-Stevens Act. 

This action would revise the definition 

of ‘‘actual ex-vessel value’’ in § 622.2 of 

the regulations. The intent of this 

revision is to allow NOAA Fisheries 

Service to more accurately analyze the 

total value of the Gulf red snapper and 

grouper and tilefish fisheries. Similarly, 

NOAA Fisheries Service is proposing to 

revise regulations at §§ 622.16 and 

622.20 to extend the existing 12-hour 


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maintenance window with an 

additional 8 hours to allow for more 

time to conduct end of year 

maintenance. It also clarifies how 

fishermen can submit an IFQ landing 

notification during the maintenance 

window. 

Lastly, NOAA Fisheries Service is 

proposing to remove an obsolete 

regulation. Regulations implementing 

Amendment 30B to the FMP, removed 

the February 15 to March 15 seasonal 

closure of the commercial sector of the 

Gulf reef fish fishery for gag, red 

grouper, and black grouper. However, 

NOAA Fisheries Service inadvertently 

did not remove § 622.45(c)(4) in the 

final rule for Amendment 30B, which 

includes the prohibition on the sale/ 

purchase of gag, black grouper, or red 

grouper harvested from the Gulf by a 

vessel with a valid Federal commercial 

permit for Gulf reef fish from February 

15 until March 15, each year. This 

action proposes to remove this obsolete 

paragraph. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/24/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA54 

96. Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Quotas and 

Atlantic Tuna Fisheries Management 

Measures 

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

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

Abstract: This action would modify 

Atlantic bluefin tuna (BFT) base quotas 

for all domestic fishing categories; 

establish BFT quota specifications for 

the 2011 fishing year; reinstate pelagic 

longline target catch requirements for 

retaining BFT in the Northeast Distant 

Gear Restricted Area (NED); amend the 

Atlantic tunas possession at sea and 

landing regulations to allow removal of 

tail lobes; and clarify the transfer at sea 

regulations for Atlantic tunas. This 

action is necessary to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), as required by 

the Atlantic Tunas Convention Act 

(ATCA), and to achieve domestic 

management objectives under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). NMFS solicits 

written comments and will hold public 

hearings to receive oral comments on 

these actions. 

Timetable: 

Action Date FR Cite 

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

NPRM—Correction.03/21/11 76 FR 15276 

NPRM Comment 

Period End.

04/14/11 

NPRM Comment 

Period End— 

Correction.

04/28/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–0234, Fax: 301 713– 

1917, E-mail: margo.schulzehaugen@noaa.gov. 

RIN: 0648–BA65 

97. Framework Adjustment 1 to the 

Northeast Skate Complex FMP 

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

Abstract: Framework Adjustment 1 to 

the Skate FMP would adjust the 

possession limits for the skate wing 

fishery in order to slow the rate of skate 

wing landings, so that the available 

Total Allowable Landings limit (TAL) is 

taken by the fishery over a longer 

duration in the fishing year than 

occurred in 2010. The action would also 

allow vessels that process skate wings at 

sea to land skate carcasses for sale into 

the bait market, without counting the 

carcass landings against the TAL (skate 

wings are already converted to live 

weight for monitoring). 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

04/19/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Senior Fishery Policy Analyst, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, One Blackburn Drive, 

Gloucester, MA 01930, Phone: 978 281– 

9283, E-mail: 

michael.pentony@noaa.gov. 

RIN: 0648–BA91 

98. Protective Regulations for Killer 

Whales in the Northwest Region Under 

the Endangered Species Act and Marine 

Mammal Protection Act 

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

seq.; 16 U.S.C. 1531–1543 

Abstract: The National Marine 

Fisheries Service (NMFS) is considering 

whether to propose regulations to 

protect killer whales (Orcinus orca) in 

the Pacific Northwest. The Southern 

Resident killer whale distinct 

population segment (DPS) was listed as 

endangered under the Endangered 

Species Act (ESA) on November 18, 

2005 (70 FR 69903). In the final rule 

announcing the listing, NMFS identified 

vessel effects, including direct 

interference and sound, as a potential 

contributing factor in the recent decline 

of this population. Both the Marine 

Mammal Protection Act (MMPA) and 

the ESA prohibit take, including 

harassment, of killer whales, but these 

statutes do not prohibit specified acts. 

NMFS is now considering whether to 

propose regulations that would prohibit 

certain acts, under our general 

authorities under the ESA and MMPA 

and their implementing regulations. The 

Proposed Recovery Plan for Southern 

Resident killer whales (71 FR 69101; 

November 29, 2006) includes as a 

management action the evaluation of 

current guidelines and the need for 

regulations and/or protected areas. The 

scope of this ANPRM encompasses the 

activities of any person or conveyance 

that may result in the unauthorized 

taking of killer whales and/or that may 

cause detrimental individual-level and 

population-level impacts. NMFS 

requests comments on whether—and if 

so, what type of—conservation 

measures, regulations, and, if necessary, 

other measures would be appropriate to 

protect killer whales from the effects of 

these activities. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

04/23/07 

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

NPRM Comment 

Period Extended.

10/19/09 74 FR 53454 

NPRM Comment 

Period End.

10/27/09 

NPRM Comment 

Period End Extended.

01/15/10 

Final Rule ............ 06/00/11 


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2332, Fax: 301 427– 

2520, E-mail: jim.lecky@noaa.gov. 

RIN: 0648–AV15 

99. Revision of Critical Habitat 

Designation for the Endangered 

Leatherback Sea Turtle 

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

Abstract: The National Marine 

Fisheries Service announces a rule to 

revise leatherback turtle (Dermochelys 

coriacea) critical habitat under the 

Endangered Species Act of 1973, as 

amended. The leatherback is currently 

listed as endangered throughout its 

range, and critical habitat consists of 

Sandy Point Beach and adjacent waters, 

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

would revise critical habitat to include 

waters along the U.S. West Coast. 

Timetable: 

Action Date FR Cite 

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

Notice of Public 

Hearings.

02/01/10 75 FR 5015 

NPRM Comment 

Period Extension.

02/19/10 75 FR 7434 

NPRM Comment 

Period End.

03/08/10 

NPRM Comment 

Period Extension End.

04/19/10 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sara McNulty, 

Ecologist, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2322, Fax: 301 713– 

4060, E-mail: sara.mcnulty@noaa.gov. 

RIN: 0648–AX06 

100. Critical Habitat Designation for 

Cook Inlet Beluga Whale Under the 

Endangered Species Act 

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

Abstract: The National Marine 

Fisheries Service (NMFS) listed the 

Cook Inlet beluga whale Distinct 

Population Segment as endangered 

under the Endangered Species Act on 

October 17, 2009. NMFS is required to 

designate critical habitat no later than 

one year after the publication of a 

listing. NMFS intends to publish a 

proposed rule by October 17, 2009. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

05/14/09 

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

NPRM Comment 

Period Extended.

01/12/10 75 FR 1582 

NPRM Comment 

Period End.

02/01/10 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–1401, Fax: 301 427– 

2523, E-mail: 

marta.nammack@noaa.gov. 

RIN: 0648–AX50 

101. Taking of Marine Mammals 

Incidental to Specified Activities; 

Taking Marine Mammals Incidental to 

Training Operations Conducted Within 

the Gulf of Mexico Range Complex 

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

Abstract: NMFS has received requests 

from the U.S. Navy (Navy) for 

authorizations for the take of marine 

mammals incidental to training and 

operational activities conducted by the 

Navy’s Atlantic Fleet within Gulf of 

Mexico (GOMEX) Range Complex for 

the period beginning December 3, 2009, 

and ending December 2, 2014. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS is proposing 

regulations to govern that take and 

requesting information, suggestions, and 

comments on these proposed 

regulations. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/13/09 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James H. Lecky, 

Director, Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–2332, Fax: 301 427– 

2520, E-mail: jim.lecky@noaa.gov. 

RIN: 0648–AX86 

102. • Endangered and Threatened 

Species, Designation of Critical Habitat 

for Southern Distinct Population 

Segment of Eulachon 

Legal Authority: 16 U.S.C. 1533 

Abstract: We, the National Marine 

Fisheries Service (NMFS), propose to 

designate critical habitat for the 

southern Distinct Population Segment 

(DPS) of Pacific eulachon (Thaleichthys 

pacificus), which was recently listed as 

threatened under the Endangered 

Species Act (ESA). We have proposed 

12 specific areas for designation as 

critical habitat within the states of 

California, Oregon, and Washington. 

The proposed areas are a combination of 

freshwater creeks and rivers and their 

associated estuaries which comprise 

approximately 470 km (292 mi) of 

habitat. Three particular areas are 

proposed for exclusion after evaluating 

the impacts and benefits associated with 

tribal land ownership and management 

by Indian tribes, but no areas are 

proposed for exclusion based on 

economic impacts. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/07/11 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marta Nammack, 

Office of Protected Resources, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–1401, Fax: 301 427– 

2523, E-mail: 

marta.nammack@noaa.gov. 

RIN: 0648–BA38 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

103. Fishery Management Plan for 

Regulating Offshore Marine 

Aquaculture in the Gulf of Mexico 

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

Abstract: The purpose of this fishery 

management plan (FMP) is to develop a 

regional permitting process for 

regulating and promoting 

environmentally sound and 

economically sustainable aquaculture in 

the Gulf of Mexico (Gulf) exclusive 


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economic zone. This FMP consists of 

ten actions, each with an associated 

range of management alternatives, 

which would facilitate the permitting of 

an estimated 5 to 20 offshore 

aquaculture operations in the Gulf over 

the next 10 years, with an estimated 

annual production of up to 64 million 

pounds. By establishing a regional 

permitting process for aquaculture, the 

Gulf of Mexico Fishery Management 

Council will be positioned to achieve 

their primary goal of increasing 

maximum sustainable yield and 

optimum yield of federal fisheries in the 

Gulf by supplementing harvest of wild 

caught species with cultured product. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/04/09 74 FR 26829 

NOA Comment 

Period End.

08/03/09 

NPRM .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AS65 

104. • Amendment 21 to the SnapperGrouper Fishery Management Plan of 

the South Atlantic Region 

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

Abstract: Amendment 21 examines 

measures to limit participation in the 

snapper grouper fishery including 

endorsements, trip limits, and catch 

share programs. 

Timetable: 

Action Date FR Cite 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA59 

105. Permits for Capture, Transport, 

Import, and Export of Protected Species 

for Public Display, and for Maintaining 

a Captive Marine Mammal Inventory 

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

Abstract: This rule will revise and 

simplify criteria and procedures specific 

to permits for taking, transporting, 

importing, and exporting protected 

species for public display, and provide 

convenient formats for reporting marine 

mammal captive holdings and 

transports as required by amendments 

made in 1994 to the Marine Mammal 

Protection Act. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period Extended.

08/22/01 66 FR 44109 

NPRM Comment 

Period End.

09/04/01 

NPRM Comment 

Period Extended.

11/02/01 

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

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Payne, 

Phone: 907 586–7235, Fax: 301 713– 

2521, E-mail: michael.payne@noaa.gov. 

RIN: 0648–AH26 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

106. Maximize Retention and 

Monitoring Program in the Shore-Based 

Pacific Whiting Fishery 

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

Abstract: The Pacific Fishery 

Management Council (Pacific Council) 

at their October 21–25, 1996, meeting in 

San Francisco, California, addressed the 

treatment and disposition of salmon in 

the groundfish trawl fisheries, 

specifically the shore-based whiting 

fishery. At that meeting, the Pacific 

Council discussed the retention of 

salmon in the shore-based whiting 

fishery and took action to maintain a 

viable shore-based whiting fishery by 

using exempted fishing permits (EFPs). 

These EFPs allowed the shore-based 

whiting fleet to temporarily deliver 

unsorted catch to processing plants and 

provided for the monitoring of 

incidentally taken salmon until a 

permanent monitoring program could be 

implemented. In keeping with the 

Pacific Council’s recommendation, 

NMFS is proceeding with implementing 

a monitoring program for the shorebased whiting fishery. This action will 

aid in the sustainable management of 

Pacific Coast salmon and groundfish 

fisheries while providing an important 

economic opportunity to those 

associated with the harvest, processing, 

and selling of whiting taken by the 

shore-based whiting fleet. The need for 

implementing a permanent monitoring 

program in the shore-based Pacific 

whiting fishery is to provide for a full 

retention fishery by enabling the shorebased whiting fleet, comprised 

exclusively of catcher vessels, to deliver 

unsorted catch to processing plants. 

This practice is necessary to ensure that 

whiting landings are of market quality, 

while abiding by Federal groundfish 

regulations and those implementing the 

Pacific Coast salmon and groundfish 

fishery management plans (FMPs). 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 02/07/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 Sand 

Point Way NE, Building 1, Seattle, WA 

48115–0070, Phone: 206 526–6150, Fax: 

206 526–6426, E-mail: 

robert.lohn@noaa.gov. 

RIN: 0648–AR63 

107. Certification of Nations Whose 

Fishing Vessels Are Engaged in IUU 

Fishing or Bycatch of Protected Living 

Marine Resources 

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

seq.; 16 U.S.C. 1826(d) to1826(k) 

Abstract: The National Marine 

Fisheries Service (NMFS) is establishing 

a process of identification and 

certification to address illegal, 

unreported, or unregulated (IUU) 

activities and bycatch of protected 

species in international fisheries. 

Nations whose fishing vessels engage, or 

have been engaged, in IUU fishing or 

bycatch of protected living marine 

resources would be identified in a 

biennial report to Congress, as required 

under section 403 of the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act 

(MSRA) of 2006 which amended the 

High Seas Driftnet Fishing Moratorium 

Protection Act. Under the final 

regulations, NMFS would subsequently 

certify whether identified nations have 

taken appropriate corrective action with 

respect to the activities of its fishing 

vessels. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 06/11/07 72 FR 33436 

NPRM .................. 01/14/09 74 FR 2019 


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Action Date FR Cite 

NPRM Comment 

Period End.

05/14/09 

Final Action ......... 01/12/11 76 FR 2011 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christopher Rogers, 

Division Chief, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 713–9090, Fax: 301 

713–9106, E-mail: 

christopher.rogers@noaa.gov. 

RIN: 0648–AV51 

108. Revise Regulations Governing the 

North Pacific Groundfish Observer 

Program 

Legal Authority: 118 Stat 110; 16 

U.S.C. 773 et seq.; 16 U.S.C. 1801 et 

seq.; 16 U.S.C. 3631 et seq.; Pub. L. 108– 

199 

Abstract: This rulemaking revises 

Federal regulations relevant to 

numerous administrative and 

procedural requirements applicable to 

observer providers, observers, and 

industry participating in the North 

Pacific Groundfish Observer Program. 

Specifically, this action: Modifies the 

current permit issuance process so that 

observer and observer provider permit 

issuance is a discretionary National 

Marine Fisheries Service (NMFS) 

decision; amends current Federal 

regulations addressing observer 

behavior involving drugs, alcohol, and 

physical sexual conduct to remove 

NMFS oversight of observer behavior 

that does not affect job performance; 

requires that observer providers submit 

policies related to these activities and 

continue to notify NMFS upon learning 

of an incident; revises Federal 

regulations so that observer providers 

are allowed to provide observers or 

technical staff for purposes of exempted 

fishing permits, scientific research 

permits, or other scientific research 

activities; revises the definition of 

‘‘fishing day’’ in Federal regulations; 

requires observer providers to annually 

submit detailed economic information 

to NMFS; specifies a date by which 

observers who have collected data in the 

previous fishing year would be required 

to be available for debriefing; and 

implements housekeeping issues related 

to errors or clarifications in existing 

regulations at 50 CFR 679.50. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/30/09 74 FR 50155 

NPRM Comment 

Period End.

10/31/09 

Action Date FR Cite 

Final Action ......... 11/10/10 75 FR 69016 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, Email: robert.mecum@noaa.gov. 

RIN: 0648–AW24 

109. Regulatory Amendment to the 

Fishery Management Plan for the Reef 

Fish Fishery of Puerto Rico Modifying 

the Bajo De Sico Seasonal Closure 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rule modifies the 

seasonal closure of Bajo de Sico, an area 

off the west coast of Puerto Rico that has 

been identified as critically important 

habitat for commercially exploited 

snappers and groupers. Current 

regulations prohibit all fishing 

activities, including for Highly 

Migratory Species (HMS), from 

December 1 through the end of February 

each year, as well as impose a yearround prohibition of bottom tending 

gear (i.e., traps, pots, gillnets, trammel 

nets, and bottom longlines). This action 

prohibits fishing for and possession of 

council managed reef fish species from 

October 1 through March 31. Queen 

Conch and coral reef resources are 

already prohibited year-round and will 

not be affected by this rule. Restrictions 

on bottom-tending gear will also not be 

affected by this rule. A year-round 

prohibition of anchoring within Bajo de 

Sico will also be implemented through 

this rule to provide further protection of 

established essential fish habitat. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/28/10 75 FR 44209 

NPRM Comment 

Period End.

08/27/10 

Final Action ......... 11/02/10 75 FR 67247 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY05 

110. Amendment 17A to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

Legal Authority: 16 U.S.C. 1801 

Abstract: The most recent red snapper 

stock assessment, completed February 

2008, determined the species was 

undergoing overfishing and was 

overfished. Biomass shows a sharp 

decline during the 1950s and 1960s, 

continued decline during the 1970s, and 

stable but low levels since 1980. The 

South Atlantic Fishery Management 

Council (Council) is required by the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) to implement 

rebuilding plans for overfished species. 

Therefore, Amendment 17A is being 

developed to establish a rebuilding plan 

and updated management reference 

points for red snapper in the South 

Atlantic. Additionally, revisions to the 

Magnuson-Stevens Act in 2006 require 

that by 2010, Fishery Management Plans 

(FMPs) for fisheries determined by the 

Secretary to be subject to overfishing 

establish a mechanism for specifying 

Annual Catch Limits (ACLs) at a level 

that prevents overfishing and does not 

exceed the recommendations of the 

respective Councils Scientific and 

Statistical Committee or other 

established peer review processes. 

These FMPs are also required to 

establish within this timeframe 

measures to ensure accountability. To 

comply with this Magnuson-Stevens Act 

requirement, Amendment 17A would 

establish an ACL and accountability 

measures for red snapper, and 

implement management measures to 

ensure harvest does not exceed the ACL. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/29/10 75 FR 44753 

NPRM .................. 08/13/10 75 FR 49447 

Notice of Availability Comment 

Period End.

09/27/10 

NPRM Comment 

Period End.

09/27/10 

Final Action—Correction.03/09/11 76 FR 12883 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY10 


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111. Amendment 17B to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region 

Legal Authority: 16 U.S.C. 1801 

Abstract: Revisions to the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) in 2006 require that by 2010, 

Fishery Management Plans (FMPs) for 

fisheries determined by the Secretary to 

be subject to overfishing establish a 

mechanism for specifying Annual Catch 

Limits (ACLs) at a level that prevents 

overfishing and does not exceed the 

recommendations of the respective 

Council’s Scientific and Statistical 

Committee or other established peer 

review processes. These FMPs are also 

required to establish within this 

timeframe measures to ensure 

accountability. To comply with this 

Magnuson-Stevens Act requirement 

Amendment 17B would: (1) Establish 

ACLs and accountability measures for 

snowy grouper, speckled hind, Warsaw 

grouper, black grouper, red grouper, 

golden tilefish, black sea bass, gag, and 

vermilion snapper; (2) implement 

management measures to ensure harvest 

of these snapper-grouper species does 

not exceed the ACLs; (3) specify 

allocations for golden tilefish; and (4) 

modify the current snapper-grouper 

framework procedure to include ACLs, 

AMs, and annual catch targets. 

Timetable: 

Action Date FR Cite 

Notice of Availability.09/22/10 75 FR 57734 

NPRM .................. 10/12/10 75 FR 62488 

Notice of Availability Comment 

Period End.

11/22/10 

NPRM Comment 

Period End.

11/26/10 

Final Rule ............ 12/30/10 75 FR 82280 

Correcting 

Amendment.

03/08/11 76 FR 12605 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–AY11 

112. Maximized Retention Monitoring 

Program for Catcher Vessels in the 

Pacific Whiting Mothership Fishery in 

the Pacific Coast Groundfish Fishery 

Legal Authority: 16 U.S.C. 1801 

Abstract: The action would 

implement a monitoring program for 

catcher vessels in the mothership sector 

of the Pacific whiting fishery off the 

coast of Washington, Oregon, and 

California. The monitoring program 

would consist of a camera and other 

sensors to monitor fishing activity in 

order to maintain the integrity of the 

maximized retention requirements 

found at 50 CFR 660.306(f)(7). 

Maximized retention encourages full 

retention of all catch while allowing 

minor discard events to occur. This 

ensures that unsorted catch is available 

for observers to monitor on board the 

mothership processors and thereby 

maintains the integrity of data collected 

under the observer program. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 02/07/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Frank Lockhart, 

Program Analyst, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 7600 Sand 

Point Way NE., Seattle, WA 98115, 

Phone: 206 526–6142, Fax: 206 526– 

6736, E-mail: frank.lockhart@noaa.gov. 

RIN: 0648–AY17 

113. Regulatory Amendment To Revise 

Charter Halibut Logbook Submission 

Requirements 

Legal Authority: 16 U.S.C. 2431 et 

seq.; 31 U.S.C. 9701 et seq. 

Abstract: The rule clarifies and 

revises the charter halibut logbook 

submission requirements at 50 CFR part 

300 to better match the submission 

schedule and reporting format of the 

Alaska Department of Fish and Game 

saltwater charter logbook. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/27/10 75 FR 22070 

NPRM Comment 

Period End.

05/12/10 

Final Rule ............ 02/07/11 76 FR 6567 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert D Mecum, 

Deputy Acting Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 W. 9th Street, 

Room 420, Juneau, AK 99802, Phone: 

907 586–7221, Fax: 907 586–7249, 

E-mail: robert.mecum@noaa.gov. 

RIN: 0648–AY38 

114. Vessel Capacity Limits in the Purse 

Seine Fishery in the Eastern Pacific 

Ocean 

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

16 U.S.C. 951 to 961 

Abstract: NMFS is proposing 

regulations under authority of the Tuna 

Conventions Act of 1950 to revise the 

vessel capacity limit in the purse seine 

fishery operating in the eastern Pacific 

Ocean (EPO) so it is consistent with the 

amount authorized by the InterAmerican Tropical Tuna Commission 

(IATTC) under IATTC Resolution C–02– 

03. For the United States, a vessel 

capacity limit of 31,775 cubic meters, or 

27,147 metric tons (mt), would be 

established per Resolution C–02–03. 

Currently, the U.S. fleet capacity limit is 

8,969 mt, or 10,498 cubic meters. This 

revision would ensure that the United 

States is satisfying its obligations as a 

member of the IATTC and not exceeding 

its allotted capacity in the fishery, and 

that the U.S. industry is not being 

unreasonably burdened if U.S. 

participation in the fishery in the EPO 

increased in the future. While an 

increase in U.S. participation in this 

fishery would not be anticipated since 

currently only two purse seine vessels 

are on the IATTC Vessel Register, and 

when excess U.S. capacity has been 

available in the past there has not been 

a surge to use this capacity by outside 

vessels, there is a potential for an 

increase in fishing effort and resultant 

fishing mortality to target (i.e., 

yellowfin, skipjack, and bigeye tunas) 

and non-target species in the purse 

seine fishery operating in the EPO. In 

addition, there is also the potential for 

insignificant, positive socioeconomic 

impacts if the proposed action led to an 

increase in catch and revenue for 

fishermen participating in the fishery. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/03/10 75 FR 54078 

NPRM Comment 

Period End.

10/04/10 

Final Action ......... 01/04/11 76 FR 283 

Final Action Effective.02/03/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Heidi Hermsmeyer, 

IATTC Coordinator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 501 West 

Ocean Boulevard, Long Beach, CA 

90802, Phone: 562 980–4036, Fax: 562 

980–4047, E-mail: 

heidi.hermsmeyer@noaa.gov. 

RIN: 0648–AY75 


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115. 2011 Specifications for the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

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

Abstract: NMFS proposes 

specifications for the 2011 fishing year 

for Atlantic mackerel, squid, and 

butterfish (MSB). Regulations governing 

these fisheries require NMFS to publish 

proposed specifications for the 

upcoming fishing year and to provide an 

opportunity for public comment. The 

intent of this action is to fulfill this 

requirement and to promote the 

development and conservation of the 

MSB resources. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/17/10 75 FR 70187 

NPRM Comment 

Period End.

12/17/10 

Final Action ......... 02/14/11 76 FR 8306 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Patricia A. Kurkul, 

Regional Administrator, Northeast 

Region, NMFS, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 55 Great 

Republic Way, Gloucester, MA 01930, 

Phone: 978 281–9200, Fax: 978 281– 

9117, E-mail: pat.kurkul@noaa.gov. 

RIN: 0648–BA03 

116. Regulatory Amendment to the Reef 

Fish Fishery Management Plan to Set 

Total Allowable Catch for Red Grouper 

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

Abstract: The 2009 update stock 

assessment of the red grouper stock 

indicated that although the stock 

continues to be neither overfished or 

undergoing overfishing, the stock has 

declined since 2005. This decline was 

attributed to a 2005 episodic mortality 

event resulting in a little over 20 percent 

mortalities. Therefore, there is a need to 

improve the stock condition to a level 

where, at equilibrium, the stock can be 

harvested at optimum yield (OY). In 

addition, there is a need to implement 

rulemaking resulting from this 

amendment prior to January 1, 2011. 

This is so the 2011 commercial red 

grouper quota can be set and allow 

individual fishing quota (IFQ) shares to 

be adjusted to reflect any change in the 

total allowable catch (TAC). The 

purpose of this regulatory amendment is 

to adjust TAC and the resulting 

commercial quota consistent with the 

goals and objectives of the Council’s reef 

fish management strategy and achieve 

the mandates of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/18/10 75 FR 63780 

NPRM Comment 

Period End.

11/02/10 

Final Action ......... 12/01/10 75 FR 74656 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Roy E Crabtree, 

Southeast Regional Administrator, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, Saint Petersburg, FL 33701, 

Phone: 727 824–5305, Fax: 727 824– 

5308, E-mail: roy.crabtree@noaa.gov. 

RIN: 0648–BA04 

117. Pacific Halibut Fisheries; Catch 

Sharing Plan 

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

Abstract: NMFS proposes to approve 

and implement changes to the Pacific 

Halibut Catch Sharing Plan (Plan) for 

the International Pacific Halibut 

Commission’s (IPHC) regulatory Area 

2A off Washington, Oregon, and 

California (Area 2A). NMFS proposes to 

implement the portions of the Plan and 

management measures that are not 

implemented through the IPHC, which 

includes the sport fishery management 

measures for Area 2A. These actions are 

intended to enhance the conservation of 

Pacific halibut, to protect yelloweye 

rockfish and other overfished 

groundfish species from incidental 

catch in the halibut fisheries, and to 

provide greater angler opportunity 

where available. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/18/11 76 FR 2871 

NPRM Comment 

Period End.

02/02/11 

Final Action ......... 03/16/11 76 FR 14300 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sarah Joy 

McAvinchey, Fishery Biologist, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 7600 Sand Point Way 

NE., Building 1, Seattle, WA 98115, 

Phone: 206 526–4323, Fax: 206 526– 

6736. 

RIN: 0648–BA25 

118. • Bluefin Tuna Bycatch Reduction 

in the Gulf of Mexico Pelagic Longline 

Fishery 

Legal Authority: 16 U.S.C. 1801 

Abstract: This rule will consider 

requiring the use of weak hooks by 

pelagic longline (PLL) vessels fishing in 

the Gulf of Mexico. The dual intent of 

this rule is to provide a new gear 

technology for PLL vessels to continue 

routine fishing operations in the Gulf of 

Mexico on directed fisheries such as 

yellowfin tuna while increasing the live 

release of incidentally caught Atlantic 

bluefin tuna to further stock recovery of 

this historically overfished species. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/13/11 76 FR 2313 

NPRM Comment 

Period End.

02/12/11 

Final Action ......... 04/05/11 76 FR 18653 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Margo SchulzeHaugen, Supervisory Fish Management 

Officer, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 713–0234, Fax: 301 713– 

1917, E-mail: margo.schulzehaugen@noaa.gov. 

RIN: 0648–BA39 

119. Take and Import Marine 

Mammals: Proposed Rule for Take of 

Marine Mammals Incidental to Routine 

Operations of 13 Power Generating 

Stations in Central and Southern 

California 

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

Abstract: The National Marine 

Fisheries Service (NMFS) proposes to 

govern the take of marine mammals by 

Level A harassment (injury) and 

mortality from 13 power generating 

stations located on the coast of central 

and southern California incidental to 

routine power plant operations for a 

period of five years, under the authority 

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

Mammal Protection Act. Under that 

authority NMFS also must prescribe 

mitigation, monitoring, and reporting 

requirements in connection with take 

authorizations. 

Incidental takings of marine 

mammals, including California sea 

lions, harbor seals, and northern 

elephant seals can and do occur as a 

result of the operation of circulating 

water systems (CWS) by the electrical 

power generation plants located on the 

coast of central and southern California 

described in the incidental take 

authorization applications. These CWS 

are an integral part of these power 

stations that provide continuous cooling 

water necessary for power generation 

and safety of the facility. The typical 

location of entrainment occurs as water 

is taken into the plant via submerged 

structures or canals. Intake velocities 


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40034 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Unified Agenda 

may be strong enough to pull live 

animals into the plant, particularly if 

they are actively seeking prey in the 

vicinity of intake structures. 

Confinement within intake plumbing 

could lead to confusion and panic, 

especially for young, immature animals. 

If the animal is unable to escape, it 

could (1) drown or become fatally 

injured in transit between intake and 

large sedimentation basins within the 

plants known as forebays; (2) survive 

the transit and succumb in the forebay 

due to exhaustion, illness, or disease; or 

(3) survive the transit and be rescued by 

plant personnel using cages specially 

designed for such an activity. It is also 

likely that previously dead animals may 

end up entrained as well. 

Timetable: 

Action Date FR Cite 

Withdrawn ........... 02/24/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802, Phone: 907 

586–7235, Fax: 301 713–2521, E-mail: 

michael.payne@noaa.gov. 

RIN: 0648–AW59 

120. Taking and Importing Marine 

Mammals; U.S. Naval Surface Warfare 

Center Panama City Division Mission 

Activities 

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

Abstract: On April 3, 2008, the 

National Marine Fisheries Service 

(NMFS) received an application from 

the Navy requesting an authorization for 

the take of 15 species/stocks of cetacean 

incidental to the proposed mission 

activities in the Naval Surface Warfare 

Center Panama City Division (NSWC 

PCD) study area over the course of five 

years. These mission activities are 

classified as military readiness 

activities. The purpose of the proposed 

mission activities is to enhance NSWC 

PCD’s capability and capacity to meet 

littoral and expeditionary warfare 

requirements by providing Research, 

Development, Test, and Evaluation 

(RDT&E) and in service engineering for 

expeditionary maneuver warfare, 

operations in extreme environments, 

mine warfare, maritime operations, and 

coastal operations. The Navy states that 

these training activities may cause 

various impacts to marine mammal 

species in the NSWC PCD study area. 

The Navy requests an authorization to 

take individuals of these cetacean 

species by Level B Harassment. Further, 

the Navy requests an authorization to 

take 1 individual each of bottlenose, 

Atlantic spotted, and pantropical 

spotted dolphins per year by injury, as 

a result of the proposed mission 

activities. 

NMFS is issuing a proposed rule to 

govern the take of these marine 

mammals by Level B harassment 

(behavior) and Level A harassment 

(injury) incidental to the 

aforementioned mission activities in the 

Naval NSWC PCD study area for a 

period of five years, under the authority 

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

Mammal Protection Act. Under that 

authority NMFS also must prescribe 

mitigation, monitoring, and reporting 

requirements in connection with take 

authorizations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/30/09 74 FR 20156 

NPRM Comment 

Period End.

06/01/09 

Final Action ......... 01/21/10 75 FR 3395 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dr. Michael Payne, 

Fishery Biologist, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, Juneau, AK 99802, Phone: 907 

586–7235, Fax: 301 713–2521, E-mail: 

michael.payne@noaa.gov. 

RIN: 0648–AW80 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Proposed Rule Stage 

121. Revision of USPTO Fees for Fiscal 

Year 2011 

Legal Authority: 35 U.S.C. 41, 119, 

120, 132(b) and 376; Pub. L. 109–383; 

Pub. L. 110–116; Pub. L. 110–137; Pub. 

L. 110–149; Pub. L. 110–161; Pub. L. 

110–5; Pub. L. 110–92 

Abstract: The United States Patent 

and Trademark Office (USPTO) takes 

this action to adjust certain patent and 

trademark fee amounts set in the 

aggregate to recover the estimated cost 

to the USPTO for processing activities 

and services and materials relating to 

patents and trademarks, respectively, 

including proportionate shares of the 

administrative costs of the USPTO. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

NPRM Comment 

Period End.

07/00/11 

Action Date FR Cite 

Final Action ......... 07/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313, Phone: 571 272– 

6299, Fax: 571 273–6299, E-mail: 

walter.schlueter@uspto.gov. 

RIN: 0651–AC43 

122. Revision of USPTO Fees for Fiscal 

Year 2012 

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

109–383; Pub. L. 110–116; Pub. L. 110– 

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

Pub. L. 110–5; Pub. L. 110–92; 35 U.S.C. 

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

35 U.S.C. 132(b) 

Abstract: The United States Patent 

and Trademark Office (USPTO) takes 

this action to adjust certain patent fee 

amounts for fiscal year 2012 to reflect 

fluctuations in the Consumer Price 

Index for All Urban Consumers (CPI–U). 

The patent statute provides for the 

annual CPI–U adjustment of patent fees 

set by statute to recover the higher costs 

associated with doing business. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/11 

NPRM Comment 

Period End.

07/00/11 

Final Action ......... 07/00/11 

Final Action Effective.10/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313, Phone: 571 272– 

6299, Fax: 571 273–6299, E-mail: 

walter.schlueter@uspto.gov. 

RIN: 0651–AC44 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Final Rule Stage 

123. Interim Increase on Patent Fees for 

Fiscal Year 2011 

Legal Authority: Pub. L. 110–137; Pub. 

L. 110–149; Pub. L. 110–161; Pub. L. 

110–5; Pub. L. 110–92; 35 U.S.C. 376; 35 

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

119; 35 U.S.C. 41; Pub. L. 109–383; Pub. 

L. 110–116 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2
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Abstract: The United States Patent 

and Trademark Office (USPTO) is 

proposing an interim increase on certain 

patent fees to fund the requirements for 

putting the USPTO on a sustainable 

path to fund agency operations, reduce 

patent inventory and pendency, and 

invest in information technology. 

Timetable: 

Action Date FR Cite 

Final Action ......... 06/00/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Walter Schlueter, 

Budget Analyst—Fees and Forecasting, 

Department of Commerce, Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313, Phone: 571 272– 

6299, Fax: 571 273–6299, E-mail: 

walter.schlueter@uspto.gov. 

RIN: 0651–AC42 

[FR Doc. 2011–15475 Filed 7–6–11; 8:45 am] 

BILLING CODE 3510–12–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2

Vol. 76 Thursday, 

No. 130 July 7, 2011 

Part V 

Department of Defense 

Semiannual Regulatory Agenda 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS-PART 2