64182 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

DEPARTMENT OF COMMERCE (DOC) 

Statement of Regulatory and 

Deregulatory Priorities 

The President’s Fiscal Year (FY) 2010 

Budget details how this Administration 

plans to lift our economy out of 

recession, and lay a new foundation for 

long-term growth and prosperity. The 

Department of Commerce (the 

‘‘Department’’ or ‘‘Commerce’’) is 

aligning itself to contribute to both of 

these goals. 

Established in 1903, the Department 

of Commerce is one of the oldest 

Cabinet-level agencies in the Federal 

Government. The Department’s mission 

is to create the conditions for economic 

growth and opportunity by promoting 

innovation, entrepreneurship, 

competitiveness, and environmental 

stewardship. Commerce has 12 

operating units, which are responsible 

for managing a diverse portfolio of 

programs and services, ranging from 

trade promotion and economic 

development assistance to broadband 

and the National Weather Service. The 

Department currently employs 

approximately 53,000 people around the 

world, although this workforce will 

more than double temporarily in 2010, 

due to the decennial census. 

The Department touches Americans 

daily, in many ways — making possible 

the daily weather reports and survey 

research; facilitating technology that all 

of us use in the workplace and in the 

home each day; supporting the 

development, gathering, and 

transmission of information essential to 

competitive business; enabling the 

diversity of companies and goods found 

in America’s and the world’s 

marketplace, and supporting 

environmental and economic health for 

the communities in which Americans 

live. 

Commerce has a clear and compelling 

vision for itself, for its role in the federal 

government, and for its roles supporting 

the American people, now and in the 

future. To achieve this vision, the 

Department works in partnership with 

businesses, universities, communities, 

and workers to: 

• Innovate by creating new ideas 

through cutting-edge science and 

technology from advances in 

nanotechnology, to ocean exploration, 

to broadband deployment and by 

protecting American innovations 

through the patent and trademark 

system; 

• Support entrepreneurship and 

commercialization by enabling 

community development and 

strengthening minority businesses 

and small manufacturers; 

• Maintain U.S. economic 

competitiveness in the global 

marketplace by promoting exports, 

ensuring a level playing field for U.S. 

businesses, and ensuring that 

technology transfer is consistent with 

our nation’s economic and security 

interests; 

• Provide effective management and 

stewardship of our nation’s resources 

and assets to ensure sustainable 

economic opportunities; and 

• Make informed policy decisions and 

enable better understanding of the 

economy by providing accurate 

economic and demographic data. 

The Department is a vital resource 

base, a tireless advocate, and Cabinetlevel voice for job creation. 

The Regulatory Plan tracks the most 

important regulations that implement 

these policy and program priorities, 

several of which involve regulation of 

the private sector by the Department. 

Responding to the Administration’s 

Regulatory Philosophy and Principles 

The vast majority of the Department’s 

programs and activities do not involve 

regulation. Of the Department’s 12 

primary operating units, only the 

National Oceanic and Atmospheric 

Administration (NOAA) will be 

planning actions that are considered the 

‘‘most important’’ significant 

preregulatory or regulatory actions for 

FY 2010. During the next year, NOAA 

plans to publish four rulemaking actions 

that are designated as Regulatory Plan 

actions. Further information on these 

actions is provided below. 

The Department has a long-standing 

policy to prohibit the issuance of any 

regulation that discriminates on the 

basis of race, religion, gender, or any 

other suspect category and requires that 

all regulations be written so as to be 

understandable to those affected by 

them. The Secretary also requires that 

the Department afford the public the 

maximum possible opportunity to 

participate in departmental 

rulemakings, even where public 

participation is not required by law. 

National Oceanic and Atmospheric 

Administration 

NOAA establishes and administers 

federal policy for the conservation and 

management of the Nation’s oceanic, 

coastal, and atmospheric resources. It 

provides a variety of essential 

environmental and climate services vital 

to public safety and to the Nation’s 

economy, such as weather forecasts, 

drought forecasts and storm warnings. It 

is a source of objective information on 

the state of the environment. NOAA 

plays the lead role in achieving the 

departmental goal of promoting 

stewardship by providing assessments 

of the global environment. 

Recognizing that economic growth 

must go hand-in-hand with 

environmental stewardship, the 

Department, through NOAA, conducts 

programs designed to provide a better 

understanding of the connections 

between environmental health, 

economics, and national security. 

Commerce’s emphasis on ‘‘sustainable 

fisheries’’ is designed to boost long-term 

economic growth in a vital sector of the 

U.S. economy while conserving the 

resources in the public trust and 

minimizing any economic dislocation 

necessary to ensure long-term economic 

growth. The Department is where 

business and environmental interests 

intersect, and the classic debate on the 

use of natural resources is transformed 

into a ‘‘win-win’’ situation for the 

environment and the economy. 

Three of NOAA’s major components, 

the National Marine Fisheries Services 

(NMFS), the National Ocean Service 

(NOS), and the National Environmental 

Satellite, Data, and Information Service 

(NESDIS), exercise regulatory authority. 

NMFS oversees the management and 

conservation of the Nation’s marine 

fisheries, protects threatened and 

endangered marine and anadromous 

species and marine mammals, and 

promotes economic development of the 

U.S. fishing industry. NOS assists the 

coastal states in their management of 

land and ocean resources in their 

coastal zones, including estuarine 

research reserves; manages the Nation’s 

national marine sanctuaries; monitors 

marine pollution; and directs the 

national program for deep-seabed 

minerals and ocean thermal energy. 

NESDIS administers the civilian 

weather satellite program and licenses 

private organizations to operate 

commercial land-remote sensing 

satellite systems. 

The Department, through NOAA, has 

a unique role in promoting stewardship 

of the global environment through 

effective management of the Nation’s 

marine and coastal resources and in 

monitoring and predicting changes in 

the Earth’s environment, thus linking 

trade, development, and technology 

with environmental issues. NOAA has 

the primary federal responsibility for 

providing sound scientific observations, 


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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64183 

assessments, and forecasts of 

environmental phenomena on which 

resource management, adaptation and 

other societal decisions can be made. 

In the environmental stewardship 

area, NOAA’s goals include: rebuilding 

and maintaining strong U.S. fisheries by 

using market-based ecosystem 

approaches to management; increasing 

the populations of depleted, threatened, 

or endangered species and marine 

mammals by implementing recovery 

plans that provide for their recovery 

while still allowing for economic and 

recreational opportunities; promoting 

healthy coastal ecosystems by ensuring 

that economic development is managed 

in ways that maintain biodiversity and 

long-term productivity for sustained 

use; and modernizing navigation and 

positioning services. In the 

environmental assessment and 

prediction area, goals include: 

understanding climate change science 

and impacts, and communicating that 

understanding to government and 

private sector stakeholders enabling 

them to adapt; continually improving 

the National Weather Service; 

implementing reliable seasonal and 

interannual climate forecasts to guide 

economic planning; providing sciencebased policy advice on options to deal 

with very long-term (decadal to 

centennial) changes in the environment; 

and advancing and improving shortterm warning and forecast services for 

the entire environment. 

Magnuson-Stevens Fishery Conservation 

and Management Act 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) rulemakings 

concern the conservation and 

management of fishery resources in the 

U.S. Exclusive Economic Zone 

(generally 3-200 nautical miles). Among 

the several hundred rulemakings that 

NOAA plans to issue in fiscal year 2010, 

a number of the preregulatory and 

regulatory actions will be significant. 

The exact number of such rulemakings 

is unknown, since they are usually 

initiated by the actions of eight regional 

Fishery Management Councils (FMCs) 

that are responsible for preparing 

fishery management plans (FMPs) and 

FMP amendments, and for drafting 

implementing regulations for each 

managed fishery. NOAA issues 

regulations to implement FMPs and 

FMP amendments. Once a rulemaking is 

triggered by an FMC, the MagnusonStevens Act places stringent deadlines 

upon NOAA by which it must exercise 

its rulemaking responsibilities. FMPs 

and FMP amendments for Atlantic 

highly migratory species, such as 

bluefin tuna, swordfish, and sharks, are 

developed directly by NOAA, not by 

FMCs. 

FMPs address a variety of issues 

including maximizing fishing 

opportunities on healthy stocks, 

rebuilding overfished stocks, and 

addressing gear conflicts. One of the 

problems that FMPs may address is 

preventing overcapitalization 

(preventing excess fishing capacity) of 

fisheries. This may be resolved by 

market-based systems such as catch 

shares, which permit share holders to 

harvest a quantity of fish and which can 

be traded on the open market. Harvest 

limits based on the best available 

scientific information, whether as a total 

fishing limit for a species in a fishery or 

as a share assigned to each vessel 

participant, enable stressed stocks to 

rebuild. Other measures include 

staggering fishing seasons or limiting 

gear types to avoid gear conflicts on the 

fishing grounds, and establishing 

seasonal and area closures to protect 

fishery stocks. 

The FMCs provide a forum for public 

debate and, using the best scientific 

information available, make the 

judgments needed to determine 

optimum yield on a fishery-by-fishery 

basis. Optional management measures 

are examined and selected in 

accordance with the national standards 

set forth in the Magnuson-Stevens Act. 

This process, including the selection of 

the preferred management measures, 

constitutes the development, in 

simplified form, of an FMP. The FMP, 

together with draft implementing 

regulations and supporting 

documentation, is submitted to NMFS 

for review against the national standards 

set forth in the Magnuson-Stevens Act, 

in other provisions of the Act, and other 

applicable laws. The same process 

applies to amending an existing 

approved FMP. 

Marine Mammal Protection Act 

The Marine Mammal Protection Act 

of 1972 (MMPA) provides the authority 

for the conservation and management of 

marine mammals under U.S. 

jurisdiction. It expressly prohibits, with 

certain exceptions, the take of marine 

mammals. Exceptions include the 

collection of wild animals for scientific 

research or public display or to enhance 

the survival of a species or stock. NMFS 

initiates rulemakings under the MMPA 

to establish a management regime to 

reduce marine mammal mortalities and 

injuries as a result of interactions with 

fisheries. The Act also established the 

Marine Mammal Commission, which 

makes recommendations to the 

Secretaries of the Departments of 

Commerce and the Interior and other 

Federal officials on protecting and 

conserving marine mammals. The Act 

underwent significant changes in 1994 

to allow for takings incidental to 

commercial fishing operations, to 

provide certain exemptions for 

subsistence and scientific uses, and to 

require the preparation of stock 

assessments for all marine mammal 

stocks in waters under U.S. jurisdiction. 

Endangered Species Act 

The Endangered Species Act of 1973 

(ESA) provides for the conservation of 

species that are determined to be 

‘‘endangered’’ or ‘‘threatened,’’ and the 

conservation of the ecosystems on 

which these species depend. The ESA 

authorizes both NMFS and the Fish and 

Wildlife Service (FWS) to jointly 

administer the provisions of the Act. 

NMFS manages marine and 

‘‘anadromous’’ species and FWS 

manages land and freshwater species. 

Together, NMFS and FWS work to 

protect critically imperiled species from 

extinction. Of the 1,310 listed species 

found in part or entirely in the United 

States and its waters, NMFS has 

jurisdiction over approximately 60 

species. NMFS’ rulemaking actions are 

focused on determining whether any 

species under its responsibility is an 

endangered or threatened species and 

whether those species must be added to 

the list of protected species. NMFS is 

also responsible for designating, 

reviewing, and revising critical habitat 

for any listed species. In addition, under 

the ESA’s procedural framework, federal 

agencies consult with NMFS on any 

proposed action authorized, funded, or 

carried out by that agency that may 

affect one of the listed species or 

designated critical habitat, or is likely to 

jeopardize proposed species or 

adversely modify proposed critical 

habitat that is under NMFS’ jurisdiction. 

NOAA’s Regulatory Plan Actions 

While most of the rulemakings 

undertaken by NOAA do not rise to the 

level necessary to be included in the 

Department’s Regulatory Plan, NMFS is 

undertaking four actions that rise to the 

level of ‘‘most important’’ of the 

Department’s significant regulatory 

actions, and thus are included in this 

year’s Regulatory Plan. The four actions 

implement provisions of the MagnusonStevens Fishery Conservation and 

Management Act, as reauthorized in 

2006. The first action may be of 

particular interest to international 


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64184 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

trading partners as it concerns the 

Certification of Nations Whose Fishing 

Vessels are Engaged in Illegal, 

Unreported, or Unregulated Fishing or 

Bycatch of Protected Living Marine 

Resources. A description of the four 

Regulatory Plan actions is provided 

below. 

Certification of Nations Whose 

Fishing Vessels Are Engaged in Illegal, 

Unreported or Unregulated Fishing or 

Bycatch of Protected Living Marine 

Resources (0648-AV51). NOAA’s 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 would be identified in a biennial 

report to Congress, as required under 

Section 403 of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. NMFS would subsequently certify 

whether identified nations have taken 

appropriate corrective action with 

respect to the activities of its fishing 

vessels. 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions and Interjurisdictional 

Fisheries Act Disaster Assistance 

Programs (0648-AW38). This final rule 

would clarify the fishery disaster 

assistance provisions under both the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Interjurisdictional Fisheries Act. 

The regulations would establish 

definitions, characteristics of 

commercial fishery failures and fishery 

resource disasters, and the 

administrative process NMFS will 

follow in processing disaster assistance 

requests. 

Amendment 16 to the Northeast 

Multispecies Fishery Management Plan 

(0648-AW72). The Northeast 

Multispecies Fishery Management Plan 

includes species such as cod, haddock 

and various flounders. This long-term 

plan will implement the necessary 

reductions to end overfishing as 

required by the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

Provide Guidance for the Limited 

Access Privilege Program (0648-AX13). 

The Magnuson-Stevens Fishery 

Conservation and Management Act as 

reauthorized in 2006, included a section 

on Limited Access Privilege Programs 

(LAPPs). To assist the Councils in 

developing and implementing LAPPs, 

this rulemaking includes guidance on: 

(1) procedures for developing LAPPs; (2) 

eligibility criteria; (3) Council approval 

of LAPP programs; (4) initial 

allocations; (5) restrictions on the sale 

and lease of privileges; (6) recovery of 

administrative costs; and (7) program 

review and monitoring. 

At this time, NOAA is unable to 

determine the aggregate cost of the 

identified Regulatory Plan actions as 

several of these actions are currently 

under development. 

Bureau of Industry and Security 

The Bureau of Industry and Security 

(BIS) promotes U.S. national and 

economic security and foreign policy 

interests by managing and enforcing the 

Department’s security-related trade and 

competitiveness programs. BIS plays a 

key role in challenging issues involving 

national security and nonproliferation, 

export growth, and high technology. 

The Bureau’s continuing major 

challenge is combating the proliferation 

of weapons of mass destruction while 

furthering the growth of U.S. exports, 

which are critical to maintaining our 

leadership in an increasingly 

competitive global economy. BIS strives 

to be the leading innovator in 

transforming U.S. strategic trade policy 

and programs to adapt to the changing 

world. 

Major Programs and Activities 

The Export Administration 

Regulations (EAR) provide for export 

controls on dual-use goods and 

technology (primarily commercial goods 

that have potential military 

applications) not only to fight 

proliferation, but also to pursue other 

national security, short supply, and 

foreign policy goals (such as combating 

terrorism). Simplifying and updating 

these controls in light of the end of the 

Cold War has been a major 

accomplishment of BIS. 

BIS is also responsible for: 

• Enforcing the export control and 

antiboycott provisions of the Export 

Administration Act (EAA), as well as 

other statutes such as the Fastener 

Quality Act. The EAA is enforced 

through a variety of administrative, 

civil, and criminal sanctions. 

• Analyzing and protecting the defense 

industrial and technology base, 

pursuant to the Defense Production 

Act and other laws. As the Defense 

Department increases its reliance on 

dual-use high technology goods as 

part of its cost-cutting efforts, 

ensuring that we remain competitive 

in those sectors and subsectors is 

critical to our national security. 

• Helping Ukraine, Kazakhstan, 

Belarus, Russia, and other newly 

emerging countries develop effective 

export control systems. The 

effectiveness of U.S. export controls 

can be severely undercut if ‘‘rogue 

states’’ or terrorists gain access to 

sensitive goods and technology from 

other supplier countries. 

• Working with former defense plants 

in the Newly Independent States to 

help make a successful transition to 

profitable and peaceful civilian 

endeavors. This involves helping 

remove unnecessary obstacles to trade 

and investment and identifying 

opportunities for joint ventures with 

U.S. companies. 

• Assisting U.S. defense enterprises to 

meet the challenge of the reduction in 

defense spending by converting to 

civilian production and by developing 

export markets. This work assists in 

maintaining our defense industrial 

base as well as preserving jobs for 

U.S. workers. 

DOC—National Oceanic and 

Atmospheric Administration (NOAA) 

PROPOSED RULE STAGE 

32. AMENDMENT 16 TO THE 

NORTHEAST MULTISPECIES FISHERY 

MANAGEMENT PLAN 

Priority: 

Other Significant 

Legal Authority: 

16 USC 1801 et seq 

CFR Citation: 

50 CFR 648 

Legal Deadline: 

None 

Abstract: 

This action would implement 

management measures to continue 

rebuilding overfished stocks, revise 

biological reference points, and develop 

annual catch limits and accountability 

measures. This action would also adopt 

new sectors as an alternative effort 

control to days-at-sea restrictions. 

Statement of Need: 

Amendment 16 to the Northeast (NE) 

Multispecies Fishery Management Plan 

(FMP) was developed by the New 

England Fishery Management Council 

(Council) as part of the biennial 

adjustment process established in the 


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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64185 

FMP to evaluate the status of the all 

NE multispecies stocks; update status 

determination criteria for all NE 

multispecies stocks based upon the best 

scientific information available; and to 

revise management measures necessary 

to end overfishing, rebuild overfished 

NE multispecies stocks, and mitigate 

the adverse economic impacts of 

increased effort controls. In addition, 

this action would adopt rebuilding 

programs for four NE multispecies 

stocks newly classified as being 

overfished and subject to overfishing 

and incorporate Atlantic wolffish into 

the management unit. Finally, 

Amendment 16 would establish 

procedures for specifying allowable 

biological catch (ABC) and annual 

catch limits (ACLs) and implement 

accountability measures (AMs) for each 

stock managed by the FMP, as required 

by recent revisions to the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

Summary of Legal Basis: 

Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. 

Alternatives: 

Amendment 16 includes numerous 

measures designed to achieve the goals 

and objectives of the FMP and the 

Magnuson-Stevens Act, including 

reporting and record keeping 

requirements, allocation criteria, effort 

controls, and administrative and 

enforcement provisions. Each measure 

includes a range of alternatives, 

including the no action alternative. Of 

particular note, Amendment 16 

authorizes 17 new sectors and revises 

measures for the existing two sectors 

and. In addition, Amendment 16 

includes six options for potential sector 

contributions (i.e., the stock allocations 

that each individual vessel could bring 

to a particular sector). Amendment 16 

also includes four options for nonsector effort controls and three 

alternatives for commercial non-sector 

accountability measures. Finally, the 

Council considered several additional 

management measures under 

Amendment 16, including several 

alternative management regimes such 

as area-based management and a daysat-sea (DAS) performance plan, but 

these provisions were not included in 

this action at this time. 

Anticipated Cost and Benefits: 

The costs and benefits associated with 

measures under Amendment 16 are 

described in detail within the 

associated draft environmental impact 

statement (EIS). A final EIS that would 

include updated analysis of economic 

impacts of this action is currently being 

developed for submission and review 

by NMFS. Due to uncertainty in the 

number of vessels that may participate 

in sectors, it is difficult to precisely 

quantify the economic impacts of this 

action. However, should all affected 

vessels elect not to participate in 

sectors and remain under the current 

DAS management regime, the potential 

adverse economic impacts are expected 

to be about $15.5 million. Potential 

benefits of Amendment 16 include: 

Ending overfishing and ensuring that 

overfished stocks rebuild within 

established rebuilding time periods, 

developing a comprehensive procedure 

to establish ABCs and ACLs for each 

stock that more systematically 

incorporates both biological and 

management uncertainty into the FMP, 

increasing the accuracy and timeliness 

of catch monitoring data throughout the 

fishery, and increasing the efficiency 

and economic return of vessel 

operations by promoting participation 

in sectors. Costs associated with this 

action include additional monitoring 

and reporting costs for vessels; 

additional administration and 

membership costs to vessels 

participating in sectors; costs associated 

with complying with new gear 

requirements in some areas; 

opportunity costs associated with 

continued effort controls necessary to 

rebuild overfished stocks; and 

increased administration, monitoring, 

and enforcement costs to implement 

sector management. 

Risks: 

The risks associated with not 

implementing measures proposed in 

Amendment 16 include the potential 

for continued overfishing on several 

stocks and delayed rebuilding of 

overfished stocks beyond established 

rebuilding timelines. Moreover, the 

continuation of existing measures 

would maintain exclusive reliance 

upon DAS measures to manage the 

fishery, forgoing efficiency gains 

resulting from expanded participation 

in sectors, one form of a catch-share 

management regime. Further, without 

this rulemaking, the NE Multispecies 

FMP would not be able to establish a 

process for setting ABCs, ACLs, and 

AMs for managed stocks by 2011, as 

required by the Magnuson-Stevens Act. 

Finally, because this action would 

incorporate Atlantic wolffish into the 

FMP and specify management measures 

to rebuild this species, failure to 

implement this action could increase 

the likelihood that this species would 

be listed under the Endangered Species 

Act and result in substantial economic 

impacts beyond those considered under 

this action. 

Timetable: 

Action Date FR Cite 

Notice of Availability 10/23/09 74 FR 54773 

Comment Period End 12/22/09 

NPRM 12/00/09 

NPRM Comment 

Period End 

01/00/10 

Final Rule 03/00/10 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

Agency Contact: 

Patricia A. Kurkul 

Regional Administrator, Northeast Region, 

NMFS 

Department of Commerce 

National Oceanic and Atmospheric 

Administration 

55 Great Republic Way 

Gloucester, MA 01930 

Phone: 978 281–9200 

Fax: 978 281–9117 

Email: pat.kurkul@noaa.gov 

RIN: 0648–AW72 

DOC—NOAA 

33. PROVIDE GUIDANCE FOR THE 

LIMITED ACCESS PRIVILEGE 

PROGRAM 

Priority: 

Other Significant 

Legal Authority: 

16 USC 1801 et seq 

CFR Citation: 

50 CFR 600 

Legal Deadline: 

None 

Abstract: 

This rule will provide regions with 

interpretive guidance on the use of 

Limited Access Privilege Programs as 

fishery management tools. The 

guidance is intended to assist the 

fishery management councils and 

NMFS regional offices in developing 

and implementing LAPPs. 


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64186 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

Statement of Need: 

The National Oceanic and Atmospheric 

Administration (NOAA) National 

Marine Fisheries Service (NMFS) 

intends to propose this rulemaking to 

create national guidance for the new 

Limited Access Privilege Program 

(LAPP) provisions found in section 

303(A) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA), as amended by the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA). 

The LAPP provisions provide new 

incentive-based options for fisheries 

management. NMFS has received 

numerous requests from constituent 

groups, Regional Fishery Management 

Councils (Councils), and Congress to 

develop such guidance. This guidance 

will assist Councils in developing 

LAPPs with full consideration of 

national perspectives and concerns. 

Summary of Legal Basis: 

NMFS is proposing these regulations 

pursuant to its rulemaking authority 

under the MSA. 5 USC 561, 16 USC 

773 et seq., and 16 USC 1801 et seq. 

Alternatives: 

Because this rule is presently in the 

beginning stages of development, no 

alternatives have been formulated or 

analyzed at this time. 

Anticipated Cost and Benefits: 

Because this rule is presently in the 

beginning stages of development, no 

analysis has been completed at this 

time to asses the amount that would 

be saved or imposed as a result of this 

rule. However, this rule does not meet 

the $100 million annual economic 

impact threshold and thus has not been 

determined to be economically 

significant under EO 12866. 

Risks: 

Without this rulemaking, there is a risk 

that new LAPPs will be developed that 

do not meet the requirements of section 

303(A), and therefore may 

detrimentally impact the fish stocks 

that they are designed to manage, the 

fisheries, or the human environment. 

Properly designed LAPPs mitigate 

environmental risk, ensure fair and 

equitable initial allocations, prevent 

excessive shares, protect the basic 

cultural and social framework of the 

fisheries and fishing communities, and 

contribute to public safety and 

economic prosperity. 

Timetable: 

Action Date FR Cite 

NPRM 05/00/10 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

None 

Agency Contact: 

Alan Risenhoover 

Director, Office of Sustainable Fisheries 

Department of Commerce 

National Oceanic and Atmospheric 

Administration 

1315 East–West Highway 

Room 13362 

Silver Spring, MD 20910 

Phone: 301 713–2334 

Fax: 301 713–0596 

Email: alan.risenhoover@noaa.gov 

Related RIN: Previously reported as 

0648–AV48 

RIN: 0648–AX13 

DOC—NOAA 

FINAL RULE STAGE 

34. CERTIFICATION OF NATIONS 

WHOSE FISHING VESSELS ARE 

ENGAGED IN ILLEGAL, UNREPORTED 

OR UNREGULATED FISHING OR 

BYCATCH OF PROTECTED LIVING 

MARINE RESOURCES 

Priority: 

Other Significant 

Legal Authority: 

16 USC 1801 et seq; 16 USC 1826d to 

1826k 

CFR Citation: 

50 CFR 300 

Legal Deadline: 

None 

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 Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA) of 2006. 

NMFS would subsequently certify 

whether identified nations have taken 

appropriate corrective action with 

respect to the activities of its fishing 

vessels, as required under section 403 

of MSRA. 

Statement of Need: 

The National Oceanic and Atmospheric 

Administration (NOAA) National 

Marine Fisheries Service (NMFS) 

proposes regulations to set forth 

identification and certification 

procedures for nations whose vessels 

engage in illegal, unregulated, and 

unreported (IUU) fishing activities or 

bycatch of protected living marine 

resources pursuant to the High Seas 

Fishing Moratorium Protection Act 

(Moratorium Protection Act). 

Specifically, the Moratorium Protection 

Act requires the Secretary of Commerce 

to identify in a biennial report to 

Congress those foreign nations whose 

vessels are engaged in IUU fishing or 

fishing that results in bycatch of 

protected living marine resources. The 

Moratorium Protection Act also 

requires the establishment of 

procedures to certify whether nations 

identified in the biennial report are 

taking appropriate corrective actions to 

address IUU fishing or bycatch of 

protected living marine resources by 

fishing vessels of that nation. Based 

upon the outcome of the certification 

procedures developed in this 

rulemaking, nations could be subject to 

import prohibitions on certain fisheries 

products and other measures under the 

authority provided in the High Seas 

Driftnet Fisheries Enforcement Act if 

they are not positively certified by the 

Secretary of Commerce. 

Summary of Legal Basis: 

NOAA is proposing these regulations 

pursuant to its rulemaking authority 

under sections 609 and 610 of the High 

Seas Driftnet Fishing Moratorium 

Protection Act (16 USC 1826j-k), as 

amended by the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act. 

Alternatives: 

NMFS is currently in the process of 

developing alternatives, and will 

provide this information at a later date. 


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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64187 

Anticipated Cost and Benefits: 

Because this rule is under 

development, NMFS does not currently 

have estimates of the amount of 

product that is imported into the 

United States from other nations whose 

vessels are engaged in illegal, 

unreported, and unregulated (IUU) 

fishing or bycatch of protected living 

marine resources. Therefore, 

quantification of the economic impacts 

of this rulemaking is not possible at 

this time. This rulemaking does not 

meet the $100 million annual economic 

impact threshold and thus has not been 

determined to be economically 

significant under EO 12866. 

Risks: 

The risks associated with not pursuing 

the proposed rulemaking include 

allowing IUU fishing activities and/or 

bycatch of protected living marine 

resources by foreign vessels to continue 

without an effective tool to aid in 

combating such activities. 

Timetable: 

Action Date FR Cite 

ANPRM 06/11/07 72 FR 32052 

ANPRM Comment 

Period End 

07/26/07 

NPRM 01/14/09 74 FR 2019 

NPRM Comment 

Period End 

05/14/09 

Final Action 12/00/09 

Regulatory Flexibility Analysis 

Required: 

Yes 

Small Entities Affected: 

Businesses 

Government Levels Affected: 

None 

Agency Contact: 

Christopher Rogers 

Division Chief 

Department of Commerce 

National Oceanic and Atmospheric 

Administration 

1315 East–West Highway 

Silver Spring, MD 20910 

Phone: 301 713–9090 

Fax: 301 713–9106 

Email: christopher.rogers@noaa.gov 

Related RIN: Related to 0648–AV23 

RIN: 0648–AV51 

DOC—NOAA 

35. MAGNUSON–STEVENS FISHERY 

CONSERVATION AND MANAGEMENT 

ACT PROVISIONS AND 

INTERJURISDICTIONAL FISHERIES 

ACT DISASTER ASSISTANCE 

PROGRAMS 

Priority: 

Other Significant 

Legal Authority: 

16 USC 1861; 16 USC 4107 

CFR Citation: 

50 CFR 600 

Legal Deadline: 

None 

Abstract: 

In accordance with the MagnusonStevens Fishery Conservation and 

Management Act (MSA), as amended, 

and the Interjurisdictional Fisheries Act 

(IFA), the National Marine Fisheries 

Service (NMFS) proposes regulations to 

govern the application for and 

determination of commercial fishery 

failures as a basis for acquiring 

potential disaster assistance. The 

regulations would establish definitions 

and characteristics of commercial 

fishery failures, serious disruptions 

affecting future production, and harm 

incurred by fishermen, fishery resource 

disasters, requirements for initiating a 

review by NMFS, and the 

administrative process it will follow in 

processing such applications. The 

intended effect of these procedures and 

requirements is to clarify the fishery 

disaster assistance provisions of the 

MSA and the IFA through rulemaking 

and thereby facilitate the processing of 

requests. 

Statement of Need: 

The National Oceanic and Atmospheric 

Administration (NOAA) National 

Marine Fisheries Service (NMFS) 

intends to propose this rule to govern 

the requests for determinations of 

fishery resource disasters as a basis for 

acquiring potential disaster assistance. 

The regulations would establish 

definitions and characteristics of 

commercial fishery failures, fishery 

resource disasters, serious disruptions 

affecting future production, and harm 

incurred by fishermen, as well as 

requirements for initiating a review by 

NMFS, and the administrative process 

it will follow in processing such 

applications. The intended result of 

these procedures and requirements is 

to clarify and interpret the fishery 

disaster assistance provisions of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) and the Interjurisdictional 

Fisheries Act (IFA) through rulemaking 

and thereby ensure consistency and 

facilitate the processing of requests. 

Summary of Legal Basis: 

NMFS is proposing these regulations 

pursuant to its rulemaking authority 

under sections 312(a) or 315 of the 

MSA (16 USC 1861, 1864), as amended, 

and sections 308(b) or 308(d) of the IFA 

(16 USC 4107). 

Alternatives: 

N/A 

Anticipated Cost and Benefits: 

Because this rule is presently in the 

beginning stages of development, no 

analysis has been completed at this 

time to assess the amount that would 

be saved or imposed as a result of this 

rule. However, this rule does not meet 

the $100 million annual economic 

impact threshold and thus has not been 

determined to be economically 

significant under EO 12866. 

Risks: 

Without this rulemaking, there is a risk 

that disaster determinations can be 

made on an ad hoc basis, without 

regard to any standardized guidelines 

or procedures. 

Timetable: 

Action Date FR Cite 

NPRM 01/15/09 74 FR 2478 

NPRM Comment 

Period Extended 

02/06/09 74 FR 6257 

NPRM Comment 

Period End 

02/17/09 

NPRM Comment 

Period End 

04/20/09 

Final Action 12/00/09 

Regulatory Flexibility Analysis 

Required: 

No 

Small Entities Affected: 

No 

Government Levels Affected: 

Local, State, Tribal 


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64188 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

Agency Contact: 

Charles L. Cooper 

Program Leader 

Department of Commerce 

National Oceanic and Atmospheric 

Administration 

1315 East–West Highway 

Silver Spring, MD 20910 

Phone: 301 713–2396 

Email: charles.cooper@noaa.gov 

RIN: 0648–AW38 

BILLING CODE 3510–12–S 


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