41182 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

13 CFR Ch. III 

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

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

19 CFR Ch. III 

37 CFR Chs. I, IV, and V 

48 CFR Ch. 13 

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

Spring 2021 Semiannual Agenda of 

Regulations 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review,’’ and the 

Regulatory Flexibility Act, as amended, 

the Department of Commerce 

(Commerce), in the spring and fall of 

each year, publishes in the Federal 

Register an agenda of regulations under 

development or review over the next 12 

months. Rulemaking actions are 

grouped according to pre-rulemaking, 

proposed rules, final rules, long-term 

actions, and rulemaking actions 

completed since the fall 2020 agenda. 

The purpose of the Agenda is to provide 

information to the public on regulations 

that are currently under review, being 

proposed, or issued by Commerce. The 

agenda is intended to facilitate 

comments and views by interested 

members of the public. 

Commerce’s spring 2021 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period May 1, 2021, through 

April 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Specific: For additional information 

about specific regulatory actions listed 

in the agenda, contact the individual 

identified as the contact person. 

General: Comments or inquiries of a 

general nature about the agenda should 

be directed to Asha Mathew, Chief 

Counsel for Regulation, Office of the 

Assistant General Counsel for 

Legislation and Regulation, U.S. 

Department of Commerce, Washington, 

DC 20230, telephone: 202–482–3151. 

SUPPLEMENTARY INFORMATION: Commerce 

hereby publishes its spring 2021 Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions pursuant to 

Executive Order 12866 and the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. Executive Order 12866 requires 

agencies to publish an agenda of those 

regulations that are under consideration 

pursuant to this order. By memorandum 

of February 17, 2021, the Office of 

Management and Budget issued 

guidelines and procedures for the 

preparation and publication of the 

spring 2021 Unified Agenda. The 

Regulatory Flexibility Act requires 

agencies to publish, in the spring and 

fall of each year, a regulatory flexibility 

agenda that contains a brief description 

of the subject of any rule likely to have 

a significant economic impact on a 

substantial number of small entities. 

Beginning with the fall 2007 edition, 

the internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

In this edition of Commerce’s 

regulatory agenda, a list of the most 

important significant regulatory and 

deregulatory actions and a Statement of 

Regulatory Priorities are included in the 

Regulatory Plan, which appears in both 

the online Unified Agenda and in part 

II of the issue of the Federal Register 

that includes the Unified Agenda. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act, Commerce’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. In addition, for fall editions of 

the Agenda, Commerce’s entire 

Regulatory Plan will continue to be 

printed in the Federal Register. 

Within Commerce, the Office of the 

Secretary and various operating units 

may issue regulations. Among these 

operating units, the National Oceanic 

and Atmospheric Administration 

(NOAA), the Bureau of Industry and 

Security, and the Patent and Trademark 

Office issue the greatest share of 

Commerce’s regulations. 

A large number of regulatory actions 

reported in the Agenda deal with fishery 

management programs of NOAA’s 

National Marine Fisheries Service 

(NMFS). To avoid repetition of 

programs and definitions, as well as to 

provide some understanding of the 

technical and institutional elements of 

NMFS’ programs, an ‘‘Explanation of 

Information Contained in NMFS 

Regulatory Entries’’ is provided below. 

Explanation of Information Contained 

in NMFS Regulatory Entries 

The Magnuson-Stevens Fishery 

Conservation and Management Act (16 

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

the management of fisheries within the 

Exclusive Economic Zone of the United 

States (EEZ). The EEZ refers to those 

waters from the outer edge of the State 

boundaries, generally 3 nautical miles, 

to a distance of 200 nautical miles. For 

fisheries that require conservation and 

management measures, eight Regional 

Fishery Management Councils 

(Councils) prepare and submit to NMFS 

Fishery Management Plans (FMPs) for 

the fisheries within their respective 

areas in the EEZ. Membership of these 

Councils is comprised of representatives 

of the commercial and recreational 

fishing sectors in addition to 

environmental, academic, and 

government interests. Council members 

are nominated by the governors and 

ultimately appointed by the Secretary of 

Commerce. The Councils are required 

by law to conduct public hearings on 

the development of FMPs and FMP 

amendments. Consistent with 

applicable law, environmental and other 

analyses are developed that consider 

alternatives to proposed actions. 

Pursuant to the Magnuson-Stevens 

Act, the Councils also submit to NMFS 

proposed regulations they deem 

necessary or appropriate to implement 

FMPs. The proposed regulations, FMPs, 

and FMP amendments are subject to 

review and approval by NMFS, based on 

consistency with the Magnuson-Stevens 

Act and other applicable law. The 

Council process for developing FMPs 

and amendments makes it difficult for 

NMFS to determine the significance and 

timing of some regulatory actions under 

consideration by the Councils at the 

time the semiannual regulatory agenda 

is published. 

Commerce’s spring 2021 regulatory 

agenda follows. 

This document of the Department of 

Commerce was signed on June 22, by 

Quentin Palfrey, Deputy General 

Counsel. That document with the 

original signature and date is 

maintained by the Department of 

Commerce. For administrative purposes 


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only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned Department of 

Commerce Federal Register Liaison 

Officer has been authorized to sign and 

submit the document in electronic 

format for publication, as an official 

document of the Department of 

Commerce. This administrative process 

in no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on June 23, 

2021. 

Asha Mathew, 

Federal Register Liaison Officer, U.S. 

Department of Commerce. 

GENERAL ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

GENERAL ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

28 ...................... Concrete Masonry Products Research, Education, and Promotion ................................................................ 0605–AA53 

GENERAL ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

29 ...................... Concrete Masonry Products Research, Education, and Promotion Information Order; Referendum Procedures.0605–AA56 

INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

30 ...................... Modifications to Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws.0625–AB10 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

31 ...................... Reduce Incidental Bycatch and Mortality of Sea Turtles in the Southeast U.S. Shrimp Fisheries ................ 0648–BK49 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

32 ...................... Comprehensive Fishery Management Plan for Puerto Rico, Comprehensive Fishery Management Plan for 

St. Croix, Comprehensive Fishery Management Plan for St. Thomas/St. John.

0648–BD32 

33 ...................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of 

U.S. Purse Seine Fishing With Respect to U.S. Territories.

0648–BF41 

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

Tuna Treaty.

0648–BG04 

35 ...................... Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act.0648–BG11 

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

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

38 ...................... Establish National Insurance Requirements for Observer Providers .............................................................. 0648–BJ33 

39 ...................... Amendment 23 to the Northeast Multispecies Fishery Management Plan ..................................................... 0648–BK17 

40 ...................... Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BK24 

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

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


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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

43 ...................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements 

to Safeguard Fishery Observers.

0648–BG66 

44 ...................... Omnibus Deep-Sea Coral Amendment ........................................................................................................... 0648–BH67 

45 ...................... Generic Amendment to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico 

and Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.

0648–BH72 

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

Seafood.

0648–BH87 

47 ...................... Modification of Multi-Day Trip Possession Limits for Federally-Permitted Charter/Headboat Vessels in the 

Fishery Management Plans (FMP) in the Gulf of Mexico.

0648–BJ60 

48 ...................... Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan ................................................. 0648–BK11 

49 ...................... Framework Adjustment 33 to the Atlantic Sea Scallop Fishery Management Plan ....................................... 0648–BK51 

50 ...................... Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Emergency Action to Change Seasonal Processing Limitations in the At-sea Whiting Fishery.0648–BK52 

51 ...................... Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions ......................................... 0648–AU02 

52 ...................... Designation of Critical Habitat for the Arctic Ringed Seal ............................................................................... 0648–BC56 

53 ...................... Amendment and Updates to the Pelagic Longline Take Reduction Plan ....................................................... 0648–BF90 

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

55 ...................... Revision to Critical Habitat Designation for Endangered Southern Resident Killer Whales ........................... 0648–BH95 

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

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

0648–BJ09 

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

58 ...................... Designation of Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal ............... 0648–BJ65 

59 ...................... Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................ 0648–BG01 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

60 ...................... Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific 

Ocean.

0648–BD59 

61 ...................... Amendment 111 to the Fishery Management Plan for Groundfish of the Gulf of Alaska to Reauthorize the 

Central Gulf of Alaska Rockfish Program.

0648–BJ73 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

62 ...................... Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the 

Western and Central Pacific Fisheries Commission.

0648–BH59 

63 ...................... Atlantic Highly Migratory Species; Regulatory Amendment for the Management of Atlantic Swordfish ........ 0648–BI09 

64 ...................... Amendment 8 to the Atlantic Herring Fishery Management Plan ................................................................... 0648–BI80 

65 ...................... Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ............... 0648–BJ18 

66 ...................... Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery .......................................................... 0648–BJ50 

67 ...................... International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021.0648–BK08 

68 ...................... Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico.0648–BB38 

69 ...................... Designation of Critical Habitat for the Mexico, Central American, and Western Pacific Distinct Population 

Segments of Humpback Whales Under the Endangered Species Act.

0648–BI06 

PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

70 ...................... Changes To Implement Provisions of the Trademark Modernization Act of 2020 ......................................... 0651–AD55 

PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

71 ...................... Trademark Fee Adjustment ............................................................................................................................. 0651–AD42 


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DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Proposed Rule Stage 

27. • Securing the Information and 

Communications Technology and 

Services Supply Chain: Licensing 

Procedures 

Legal Authority: Not Yet Determined 

Abstract: The Department is seeking 

public input regarding establishing a 

licensing process for entities to seek preapproval before engaging in or 

continuing to engage in potentially 

regulated ICTS Transactions under the 

‘‘Securing the Information and 

Communications Technology and 

Services Supply Chain’’ rule. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

04/28/21 

NPRM .................. 10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joe Bartles, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 482–3084, Email: 

jbartles@doc.gov. 

RIN: 0605–AA60 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Final Rule Stage 

28. Concrete Masonry Products 

Research, Education, and Promotion 

Legal Authority: 15 U.S.C. 8701 et seq. 

Abstract: The Concrete Masonry 

Products Research, Education, and 

Promotion Act of 2018 (Act) (15 U.S.C. 

8701 et seq.) authorizes the 

establishment of an orderly program for 

a program of research, education, and 

promotion, including funds for 

marketing and market research 

activities, that is designed to promote 

the use of concrete masonry products in 

construction and building (a checkoff 

program). The Act allows industry to 

submit a proposed order establishing 

such a program. If the Secretary 

determines that such a proposed order 

is consistent with and will effectuate the 

purpose of the Act, the Secretary is 

directed to publish the proposed order 

in the Federal Register not later than 90 

days after receiving the order. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/24/20 85 FR 52059 

NPRM Comment 

Period End.

10/08/20 

Final Action ......... 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Asha Mathew, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 306–0487, Email: 

amathew@doc.gov. 

RIN: 0605–AA53 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Completed Actions 

29. Concrete Masonry Products 

Research, Education, and Promotion 

Information Order; Referendum 

Procedures 

Legal Authority: 15 U.S.C. 8701 et seq. 

Abstract: The Concrete Masonry 

Products Research, Education, and 

Promotion Act of 2018 (Act) (15 U.S.C. 

8701 et seq.) authorizes the 

establishment of an orderly program for 

a program of research, education, and 

promotion, including funds for 

marketing and market research 

activities, that is designed to promote 

the use of concrete masonry products in 

construction and building (a checkoff 

program). The Act allows industry to 

submit a proposed order establishing 

such a program. If the Secretary 

determines that such a proposed order 

is consistent with and will effectuate the 

purpose of the Act, this rule will 

effectuate the referendum process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/15/20 85 FR 65288 

NPRM Comment 

Period End.

11/16/20 

Final Action ......... 05/03/21 86 FR 23271 

Final Action Effective.05/03/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Asha Mathew, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 306–0487, Email: 

amathew@doc.gov. 

RIN: 0605–AA56 

DEPARTMENT OF COMMERCE (DOC) 

International Trade Administration 

(ITA) 

Final Rule Stage 

30. Modifications to Regulations To 

Improve Administration and 

Enforcement of Antidumping and 

Countervailing Duty Laws 

Legal Authority: 19 U.S.C. 1671 et 

seq.; Pub. L. 114–125, sec. 421 

Abstract: Pursuant to its authority 

under Title VII of the Tariff Act of 1930, 

as amended (the Act), the Department of 

Commerce (Commerce) is considering 

issuing a final rule, adopting the 

proposed rule, to modify its regulations 

under part 351 of title 19 to improve 

administration and enforcement of the 

antidumping duty (AD) and 

countervailing duty (CVD) laws. 

Specifically, Commerce proposed to 

modify its regulation concerning the 

time for submission of comments 

pertaining to industry support in AD 

and CVD proceedings; to modify its 

regulation regarding new shipper 

reviews; to modify its regulation 

concerning scope matters in AD and 

CVD proceedings; to promulgate a new 

regulation concerning circumvention of 

AD and CVD orders; to promulgate a 

new regulation concerning covered 

merchandise referrals received from 

U.S. Customs and Border Protection 

(CBP); to promulgate a new regulation 

pertaining to Commerce requests for 

certifications from interested parties to 

establish whether merchandise is 

subject to an AD or CVD order; and to 

modify its regulation regarding importer 

reimbursement certifications filed with 

CBP. Finally, Commerce proposed to 

modify its regulations regarding letters 

of appearance in AD and CVD 

proceedings and importer filing 

requirements for access to business 

proprietary information. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/13/20 85 FR 49472 

Extension of 

Comment Period.

09/10/20 85 FR 55801 

NPRM Comment 

Period End.

09/14/20 

Extension of 

Comment Period End.

09/28/20 

Final Action ......... 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jessica Link, 

Department of Commerce, International 

Trade Administration, 1401 

Constitution Avenue NW, Washington, 


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41186 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DC 20230, Phone: 202 482–1411, Email: 

jessica.link@trade.gov. 

RIN: 0625–AB10 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Prerule Stage 

National Marine Fisheries Service 

31. • Reduce Incidental Bycatch and 

Mortality of Sea Turtles in the 

Southeast U.S. Shrimp Fisheries 

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

Abstract: As a result of new 

information on sea turtle bycatch in 

shrimp trawls and turtle excluder 

device (TED) testing, NMFS conducted 

an evaluation of the southeast U.S. 

shrimp fisheries that resulted in a final 

environmental impact statement (FEIS) 

in November 2019 in support of a rule 

to withdraw the alternative tow time 

restriction and require TEDs in skimmer 

trawl vessels 40 feet and greater in 

length. The rule was promulgated under 

the authority of the Endangered Species 

Act (ESA) and its purpose was to aid in 

the protection and recovery of listed sea 

turtle populations by reducing 

incidental bycatch and mortality of 

small sea turtles in the Southeastern 

U.S. shrimp fisheries. Additional TED 

testing has resulted in producing TED 

designs that are effective on skimmer 

trawl vessels less than 40 feet in length. 

Therefore, NMFS is considering 

additional ESA rulemaking to protect 

and conserve threatened and 

endangered sea turtles in the southeast 

U.S. shrimp fisheries. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 04/20/21 86 FR 20475 

ANPRM Comment 

Period End.

05/20/21 

NPRM .................. 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Acting Regional 

Administrator, Southeast Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Email: andy.strelcheck@

noaa.gov. 

RIN: 0648–BK49 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

32. Comprehensive Fishery 

Management Plan for Puerto Rico, 

Comprehensive Fishery Management 

Plan for St. Croix, Comprehensive 

Fishery Management Plan for St. 

Thomas/St. John 

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

Abstract: In response to a 

recommendation of the Caribbean 

Fishery Management Council, this 

action would establish three new 

Fishery Management Plans (FMPs) 

(Puerto Rico FMP, St. Thomas/St. John 

FMP and St. Croix FMP) and repeal and 

replace the existing U.S. Caribbean-wide 

FMPs (the FMP for the Reef Fish Fishery 

of Puerto Rico and the U.S. Virgin 

Islands (USVI), the FMP for the Spiny 

Lobster Fishery of Puerto Rico and the 

USVI, the FMP for Queen Conch 

Resources of Puerto Rico and the USVI, 

and the FMP for the Corals and Reef 

Associated Plants and Invertebrates of 

Puerto Rico and the USVI). For each of 

the Puerto Rico, St. Thomas/St. John, 

and St. Croix FMPs, the action would 

also modify the composition of the 

stocks to be managed; organize those 

stocks for effective management; 

establish status determination criteria, 

management reference points, and 

accountability measures for managed 

stocks; identify essential fish habitat for 

stocks new to management; and 

establish framework measures. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/26/20 85 FR 38350 

NPRM .................. 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Acting Regional 

Administrator, Southeast Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Email: andy.strelcheck@

noaa.gov. 

RIN: 0648–BD32 

33. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Treatment of U.S. 

Purse Seine Fishing With Respect to 

U.S. Territories 

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

Abstract: This action would establish 

rules and/or procedures to address the 

treatment of U.S.-flagged purse seine 

vessels and their fishing activities in 

regulations issued by the National 

Marine Fisheries Service that 

implement decisions of the Commission 

for the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Commission), of which the United 

States is a member. Under the Western 

and Central Pacific Fisheries 

Convention Implementation Act, the 

National Marine Fisheries Service 

exercises broad discretion when 

determining how it implements 

Commission decisions, such as purse 

seine fishing restrictions. The National 

Marine Fisheries Service intends to 

examine the potential impacts of the 

domestic implementation of 

Commission decisions, such as purse 

seine fishing restrictions, on the 

economies of the U.S. territories that 

participate in the Commission, and 

examine the connectivity between the 

activities of U.S.-flagged purse seine 

fishing vessels and the economies of the 

territories. Based on that and other 

information, the National Marine 

Fisheries Service might propose 

regulations that mitigate adverse 

economic impacts of purse seine fishing 

restrictions on the U.S. territories and/ 

or that, in the context of the Convention 

on the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention), recognize that one or 

more of the U.S. territories have their 

own purse seine fisheries that are 

distinct from the purse seine fishery of 

the United States and that are 

consequently subject to special 

provisions of the Convention and of 

Commission decisions. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/23/15 80 FR 64382 

ANPRM Comment 

Period End.

11/23/15 

NPRM .................. 02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BF41 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41187 

34. International Fisheries; South 

Pacific Tuna Fisheries; Implementation 

of Amendments to the South Pacific 

Tuna Treaty 

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

Abstract: Under authority of the 

South Pacific Tuna Act of 1988, this 

rule would implement recent 

amendments to the Treaty on Fisheries 

between the Governments of Certain 

Pacific Island States and the 

Government of the United States of 

America (also known as the South 

Pacific Tuna Treaty). The rule would 

include modification to the procedures 

used to request licenses for U.S. vessels 

in the western and central Pacific Ocean 

purse seine fishery, including changing 

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

modifications to existing reporting 

requirements for purse seine vessels 

fishing in the western and central 

Pacific Ocean. The rule would 

implement only those aspects of the 

Treaty amendments that can be 

implemented under the existing South 

Pacific Tuna Act. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BG04 

35. Illegal, Unregulated, and 

Unreported Fishing; Fisheries 

Enforcement; High Seas Driftnet Fishing 

Moratorium Protection Act 

Legal Authority: Pub. L. 114–81 

Abstract: This proposed rule would 

make conforming amendments to 

regulations implementing the various 

statutes amended by the Illegal, 

Unreported and Unregulated Fishing 

Enforcement Act of 2015 (Pub. L. 114– 

81). The Act amends several regional 

fishery management organization 

implementing statutes as well as the 

High Seas Driftnet Fishing Moratorium 

Protection Act. It also provides 

authority to implement two new 

international agreements under the 

Antigua Convention, which amends the 

Convention for the establishment of an 

Inter-American Tropical Tuna 

Commission, and the United Nations 

Food and Agriculture Organization 

Agreement on Port State Measures to 

Prevent, Deter, and Eliminate Illegal, 

Unreported and Unregulated Fishing 

(Port State Measures Agreement), which 

restricts the entry into U.S. ports by 

foreign fishing vessels that are known to 

be or are suspected of engaging in 

illegal, unreported, and unregulated 

fishing. This proposed rule would also 

implement the Port State Measures 

Agreement. To that end, this proposed 

rule would require the collection of 

certain information from foreign fishing 

vessels requesting permission to use 

U.S. ports. It also includes procedures to 

designate and publicize the ports to 

which foreign fishing vessels may seek 

entry and procedures for conducting 

inspections of these foreign vessels 

accessing U.S. ports. Further, the rule 

would establish procedures for 

notification of: The denial of port entry 

or port services for a foreign vessel, the 

withdrawal of the denial of port services 

if applicable, the taking of enforcement 

action with respect to a foreign vessel, 

or the results of any inspection of a 

foreign vessel to the flag nation of the 

vessel and other competent authorities 

as appropriate. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Director, 

Office of International Affairs and 

Seafood Inspection, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BG11 

36. Regulatory Amendment to the 

Pacific Coast Groundfish Fishery 

Management Plan To Implement an 

Electronic Monitoring Program for 

Bottom Trawl and Non-Whiting 

Midwater Trawl Vessels 

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

Abstract: The proposed action would 

implement a regulatory amendment to 

the Pacific Fishery Management 

Council’s Pacific Coast Groundfish 

Fishery Management Plan to allow 

bottom trawl and midwater trawl 

vessels targeting non-whiting species 

the option to use electronic monitoring 

(video cameras and associated sensors) 

in place of observers to meet 

requirements for 100-percent observer 

coverage. By allowing vessels the option 

to use electronic monitoring to meet 

monitoring requirements, this action is 

intended to increase operational 

flexibility and reduce monitoring costs 

for the fleet. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BH70 

37. Atlantic Highly Migratory Species; 

Research and Data Collection in 

Support of Spatial Fisheries 

Management 

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

Abstract: This rulemaking would 

address conducting research in areas 

currently closed to fishing for Atlantic 

highly migratory species (HMS)—during 

various times or by certain gear—to 

collect fishery-dependent data. A 

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

over the years through various 

rulemakings, limiting fishing for 

Atlantic highly migratory species in 

those areas for a variety of reasons 

including reducing bycatch. These time/ 

area closures have been implemented in 

consultation with the HMS Advisory 

Panel to protect species consistent with 

the Magnuson-Stevens Fisheries 

Conservation and Management Act (e.g., 

to reduce bycatch in the pelagic longline 

fishery off the east coast of Florida), the 

Endangered Species Act (e.g., to protect 

sea turtles in the North Atlantic), and 

the Atlantic Tunas Convention Act (e.g., 

to protect spawning bluefin tuna in the 

Gulf of Mexico). Fishery-dependent data 

supports effective fisheries 

management, and areas that restrict 

fishing effort often have a 

commensurate decrease in fisherydependent data collection. Programs to 

facilitate research and data collection, 

such as those that would be covered by 

this rulemaking, could assess the 

efficacy of closed areas, improve 

sustainable management of highly 

migratory species, and may provide 

benefits to commercial and recreational 

fishermen. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 


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Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

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

kelly.denit@noaa.gov. 

RIN: 0648–BI10 

38. Establish National Insurance 

Requirements for Observer Providers 

Legal Authority: 16 U.S.C. 1855(d) 

Abstract: NMFS is proposing to 

establish uniform, nationally applicable 

minimum insurance requirements for 

companies that provide observer or atsea monitor services for federally 

managed fisheries subject to monitoring 

requirements. This action would 

supersede outdated or inappropriate 

regulatory insurance requirements 

thereby easing the regulatory and cost 

burden for observer/at-sea monitor 

providers. Additionally, this action 

would mitigate potential liability risks 

associated with observer and at-sea 

monitor deployments for vessel owners 

and shore side processors that are 

subject to monitoring requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Evan Howell, 

Director, Office of Science and 

Technology, National Marine Fisheries 

Service, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8100, Email: 

evan.howell@noaa.gov. 

RIN: 0648–BJ33 

39. • Amendment 23 to the Northeast 

Multispecies Fishery Management Plan 

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

Abstract: This action proposes 

measures recommended by the New 

England Fishery Management Council 

in Amendment 23 to the Northeast 

Multispecies Fishery Management Plan. 

The Council developed this action to 

implement measures to improve the 

reliability and accountability of catch 

reporting in the commercial groundfish 

fishery to ensure there is a precise and 

accurate representation of catch 

(landings and discards). The purpose of 

this action is to adjust the existing 

industry-funded monitoring program to 

improve accounting and accuracy of 

collected catch data. Specifically, this 

action would set a fixed target coverage 

rate as a percentage of fishing trips to 

replace the current annual method for 

calculating a coverage target. This action 

would exclude from the monitoring 

requirement all trips in geographic areas 

with low groundfish catch; allow for 

increased coverage when federal 

funding is available to reimburse 

industry’s costs; set a baseline coverage 

target for which there is no 

reimbursement for industry’s costs in 

the absence of federal funding; approve 

electronic monitoring technologies as an 

alternative to human at-sea monitors; 

require periodic evaluation of the 

monitoring program; allow for waivers 

from monitoring for good cause; and 

grant authority to the Northeast 

Regional Administrator to streamline 

industry’s reporting requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov 

RIN: 0648–BK17 

40. • Framework Adjustment 61 to the 

Northeast Multispecies Fishery 

Management Plan 

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

Abstract: In response to action by the 

New England Fishery Management 

Council due to new scientific 

information, the proposed action would 

implement management measures 

included in Framework Adjustment 61 

to the Northeast Multispecies Fishery 

Management Plan (Framework 61). The 

proposed action would set fishing years 

2021–2023 specifications for about half 

of groundfish stocks, and fishing year 

2021 total allowable catches (TAC) for 

the three U.S./Canada stocks Eastern 

Georges Bank cod, Eastern Georges Bank 

haddock, and Georges Bank yellowtail 

flounder. This action would also 

address white hake rebuilding measures 

and potentially create a universal sector 

exemption to allow fishing for redfish, 

pollock, and haddock. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov 

RIN: 0648–BK24 

41. • Amendment 14 to the Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ Off Alaska 

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

Abstract: This action would modify 

the Fishery Management Plan for the 

Salmon Fisheries in the EEZ off Alaska 

(FMP) and implement regulations to 

manage the EEZ waters of Cook Inlet 

under the FMP and prohibit commercial 

fishing for salmon in this area. 

Currently, this area is excluded from the 

FMP and the State of Alaska manages 

commercial fishing for salmon in this 

area. If approved, this action would 

result in all commercial salmon fishing 

in Cook Inlet occurring within waters of 

the State of Alaska under State 

management plans. The North Pacific 

Fishery Management Council (Council) 

determined that this action is consistent 

with the Council’s longstanding policy 

to facilitate management of salmon 

fishing by the State of Alaska and that 

the State is the authority best suited for 

managing Alaska salmon fisheries given 

its existing infrastructure and expertise. 

The Council considered, but did not 

select, two other action alternatives that 

would delegate management of the Cook 

Inlet EEZ to the State of Alaska, or 

establish Council and NMFS 

management of the commercial salmon 

fishery within the area. The Council did 

not select either of these alternatives 

because the State of Alaska was 

unwilling to accept delegation of 

management authority, and due to the 

substantial increase in management 

complexity and cost without 

corresponding benefits of both 

alternatives. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 


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7221, Fax: 907 586–7465, Email: 

jim.balsiger@noaa.gov. 

RIN: 0648–BK31 

42. Establishment of Time–Area 

Closures for Hawaiian Spinner 

Dolphins Under the Marine Mammal 

Protection Act 

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

Abstract: This rulemaking action 

under the Marine Mammal Protection 

Act (MMPA) proposes to establish 

mandatory time-area closures of 

Hawaiian spinner dolphins’ essential 

daytime habitats at five selected sites in 

the Main Hawaiian Islands (MHI). In 

considering public comments in 

response to a separate proposed rule 

related to spinner dolphin interactions 

(81 FR 57854), NMFS intends these 

regulatory measures to prevent take of 

Hawaiian spinner dolphins from 

occurring in inshore marine areas at 

essential daytime habitats, and where 

high levels of disturbance from human 

activities are most prevalent. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BK04 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Fisheries Service 

43. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Requirements To 

Safeguard Fishery Observers 

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

Abstract: This rule would establish 

requirements to enhance the safety of 

fishery observers on highly migratory 

species fishing vessels. This rule would 

be issued under the authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act, and 

pursuant to decisions made by the 

Commission for the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean. This action is necessary 

for the United States to satisfy its 

obligations under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean, to 

which it is a Contracting Party. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/20/20 85 FR 66513 

NPRM Comment 

Period End.

11/19/20 

Final Action ......... 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 

Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BG66 

44. Omnibus Deep-Sea Coral 

Amendment 

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

Abstract: This action would 

implement the New England Fishery 

Management Council’s Omnibus DeepSea Coral Amendment. The Amendment 

would implement measures that reduce 

impacts of fishing gear on deep-sea 

corals in the Gulf of Maine and on the 

outer continental shelf. In doing so, this 

action would prohibit the use of mobile 

bottom-tending gear in two areas in the 

Gulf of Maine (Mount Desert Rock and 

Outer Schoodic Ridge), and it would 

prohibit the use of all gear (with an 

exception for red crab pots) along the 

outer continental shelf in waters deeper 

than a minimum of 600 meters. 

Timetable: 

Action Date FR Cite 

Notice of Availability.08/26/19 84 FR 44596 

NPRM .................. 01/03/20 85 FR 285 

NPRM Comment 

Period End.

02/18/20 

Final Action ......... 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BH67 

45. Generic Amendment to the Fishery 

Management Plans for the Reef Fish 

Resources of the Gulf of Mexico and 

Coastal Migratory Pelagic Resources in 

the Gulf of Mexico and Atlantic Region 

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

Abstract: This action, recommended 

by the Gulf of Mexico Fishery 

Management Council, would modify 

data reporting for owners or operators of 

federally permitted for-hire vessels 

(charter vessels and headboats) in the 

Gulf of Mexico, requiring them to 

declare the type of trip (for-hire or 

other) prior to departing for any trip, 

and electronically submit trip-level 

reports prior to off-loading fish at the 

end of each fishing trip. The declaration 

would include the expected return time 

and landing location. Landing reports 

would include information about catch 

and effort during the trip. The action 

would also require that these reports be 

submitted via approved hardware that 

includes a global positioning system 

attached to the vessel that is capable, at 

a minimum, of archiving global 

positioning system locations. This 

requirement would not preclude the use 

of global positioning system devices that 

provide real-time location data, such as 

the currently approved vessel 

monitoring systems. 

Timetable: 

Action Date FR Cite 

Notice of Availability.06/21/18 83 FR 28797 

NPRM .................. 10/26/18 83 FR 54069 

Correction ............ 11/08/18 83 FR 55850 

Comment Period 

Extended.

11/20/18 83 FR 58522 

NPRM Comment 

Period End.

11/26/18 

Comment Period 

Extended End.

01/09/19 

Final Rule ............ 07/21/20 85 FR 44005 

Final Rule Effective.01/05/21 

Final Action; Announcement of 

Effectiveness 

for Delayed 

Provisions.

07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Acting Regional 

Administrator, Southeast Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Email: andy.strelcheck@

noaa.gov. 

RIN: 0648–BH72 


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46. Magnuson-Stevens Fisheries 

Conservation and Management Act; 

Traceability Information Program for 

Seafood 

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

seq.; Pub. L. 115–141 

Abstract: On December 9, 2016, 

NMFS issued a final rule that 

established a risk-based traceability 

program to track seafood from harvest to 

entry into U.S. commerce. The final rule 

included, for designated priority fish 

species, import permitting and reporting 

requirements to provide for traceability 

of seafood products offered for entry 

into the U.S. supply chain, and to 

ensure that these products were 

lawfully acquired and are properly 

represented. Shrimp and abalone 

products were included in the final rule 

to implement the Seafood Import 

Monitoring Program, but compliance 

with Seafood Import Monitoring 

Program requirements for those species 

was stayed indefinitely due to the 

disparity between Federal reporting 

programs for domestic aquaculture of 

shrimp and abalone products relative to 

the requirements that would apply to 

imports under Seafood Import 

Monitoring Program. In section 539 of 

the Consolidated Appropriations Act, 

2018, Congress mandated lifting the stay 

on inclusion of shrimp and abalone in 

Seafood Import Monitoring Program and 

authorized the Secretary of Commerce 

to require comparable reporting and 

recordkeeping requirements for 

domestic aquaculture of shrimp and 

abalone. This rulemaking would 

establish permitting, reporting and 

recordkeeping requirements for 

domestic producers of shrimp and 

abalone from the point of production to 

entry into commerce. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

11/26/18 

Final Action ......... 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Alexa Cole, Director, 

Office of International Affairs and 

Seafood Inspection, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BH87 

47. Modification of Multi-Day Trip 

Possession Limits for FederallyPermitted Charter/Headboat Vessels in 

the Fishery Management Plans (FMP) in 

the Gulf of Mexico 

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

Abstract: This rule would promote 

efficiency in the utilization of the reef 

fish and CMP resources and a potential 

decrease in regulatory discards by 

providing the owners and operators of 

federally permitted for-hire vessels 

greater flexibility in determining when 

to allow passengers to retain the 

possession limit on multi-day trips. The 

rule would modify the on-board 

possession limit for federal for-hire trips 

in the Gulf of Mexico, which currently 

allows anglers to retain two daily bag 

limits on a trip more than 24 hours, after 

the first 24 hours of that trip. The rule 

would increase the required trip 

duration to more than 30 hours, but 

would allow anglers to retain the second 

daily bag limit at any time after the 

federal for-hire vessel leaves the dock. 

All other requirements to retain the 

possession limit would be unchanged. 

In addition, this rule would modify the 

language in 622.21(a)(3)(iii) and 622.22 

(a)(3)(iii). The change would remove the 

wording ‘sequentially coded’ from the 

sentence ‘NMFS will provide each 

Individual Fishing Quota (IFQ) dealer 

the necessary paper forms, sequentially 

coded, and instructions for submission 

of the forms to the RA’. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/28/20 85 FR 45363 

NPRM Comment 

Period End.

08/27/20 

Final Rule ............ 02/24/21 86 FR 11152 

Final Rule Effective.03/26/21 

Final Action; Announcement of 

Effectiveness 

for VMS Requirement.

05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew J. 

Strelcheck, Acting Regional 

Administrator, Southeast Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 263 13th Avenue 

South, St. Petersburg, FL 33701, Phone: 

727 824–5305, Email: andy.strelcheck@

noaa.gov. 

RIN: 0648–BJ60 

48. Framework Adjustment 8 to the 

Atlantic Herring Fishery Management 

Plan 

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

Abstract: In response to action by the 

New England Fishery Management 

Council based on the most recent stock 

assessment, this rulemaking action 

would set 2021–2023 fishing year 

specifications and adjust current herring 

measures. Changes in herring 

specifications may impact the Atlantic 

mackerel fishery because the fisheries 

often operate concurrently. Accordingly, 

this action would adjust current 

measures by providing more flexibility 

to participants in the Atlantic herring 

fishery in order to facilitate increased 

participation in the Atlantic mackerel 

fishery. The objectives of this action are 

to meet the overall goal of the Atlantic 

Herring Fishery Management Plan of 

managing the Atlantic herring fishery at 

long-term sustainable levels consistent 

with the National Standards of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 

Effective.

03/29/21 

Interim Final Rule 04/01/21 86 FR 17081 

Final Action ......... 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BK11 

49. • Framework Adjustment 33 to the 

Atlantic Sea Scallop Fishery 

Management Plan 

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

Abstract: At the January 2021 meeting 

of the New England Fishery 

Management Council, members voted to 

submit Framework 33 to NOAA’s 

National Marine Fisheries Service 

(NMFS). Pursuant to section 304(a) of 

the Magnuson-Stevens Fishery 

Conservation and Management Act, 

NMFS is drafting an interim final rule 

to approve and implement Framework 

33. The purpose of Framework 33 is to 

set management measures for the 

scallop fishery for the 2021 fishing year, 

the annual catch limits for the limited 

access and limited access general 

category fleets, as well as days-at-sea 

allocations and sea scallop access area 

trip allocations. Framework 33 

implements specifications that would 

result in a reduction in projected 

landings as compared to fishing year 


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2020 (40.0 million pounds for fishing 

year 2021 compared to 51.6 million 

pounds for fishing year 2020). This is 

due to a decrease in harvestable biomass 

and a lack of significant recruitment in 

recent years. Because of this, the 

economic impacts of the Framework 33 

fishery specifications are expected to be 

negative for the scallop vessels and 

small business entities compared to 

fishing year 2020. Furthermore, 

Framework 33 would maintain the 

existing seasonal closure in Closed Area 

II to reduce bycatch of Georges Bank 

yellowtail flounder and northern 

windowpane flounder, and close areas 

to fishing to protect small scallops and 

reduce bycatch of flatfish. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BK51 

50. • Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Emergency Action To Change Seasonal 

Processing Limitations in the At-Sea 

Whiting Fishery 

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

Abstract: On March 9, 2021 the 

Pacific Fishery Management Council 

(the Council) requested National Marine 

Fisheries Service (NMFS) initiate an 

emergency action to temporarily allow 

at-sea Pacific whiting processing 

platforms to operate as both a 

mothership (MS) and a catcherprocessor (C/P) during the 2021 Pacific 

whiting fishery. The Pacific Coast 

Groundfish Fishery Management Plan 

prohibits vessels in the at-sea Pacific 

whiting sector from operating as both a 

MS and C/P during the same calendar 

year. At the March 2021 Council 

meeting, members of the Pacific whiting 

industry submitted a letter requesting 

the Council and NMFS take emergency 

action to lift this restriction in response 

to impacts to fishing operations from the 

ongoing COVID–19 pandemic. During 

the 2020 whiting season, several at-sea 

processing vessels were forced to cease 

operations due to COVID–19 outbreaks 

onboard resulting in delays and lost 

processing capacity. In response, NMFS 

issued an emergency rule in June of 

2020 to allow whiting vessels to operate 

as both a MS and C/P in the same 

calendar year. However, it was 

unforeseen that whiting fishery 

participants would still be dealing with 

effects of a COVID–19 pandemic a year 

later. There is continued risk to whiting 

vessels and loss of processing capacity 

should a COVID–19 outbreak occur 

onboard a processing platform. Because 

of this risk and uncertainty, members of 

industry and the Council Groundfish 

Advisory Panel (GAP) recommended the 

Council take emergency action to allow 

available vessels to operate as either 

type of processing platform for the 2021 

fishing year and avoid potential 

economic hardships. This emergency 

action would temporarily allow eligible 

MS and C/P vessels to operate as both 

a MS and C/P during the 2021 Pacific 

whiting fishing year, instead of opting 

into a single sector at the beginning of 

the season. However, vessels would 

continue to not be allowed to operate as 

both an MS and C/P on the same fishing 

trip. In the event of a COVID–19 

outbreak onboard one platform, this 

flexibility could allow other processing 

platforms to process to harvest MS 

sector whiting allocations at-sea whiting 

catcher vessels would not otherwise be 

able to deliver to a MS vessel. 

NMFS has considered this action 

under E.O. 12866. Based on that review, 

this action is not expected to have an 

annual effect on the economy of $100 

million or more, or have an adverse 

effect in a material way on the economy. 

Furthermore, this action would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; or 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or raise novel or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this E.O. 

Timetable: 

Action Date FR Cite 

Final Action ......... 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BK52 

51. Reducing Disturbances to Hawaiian 

Spinner Dolphins From Human 

Interactions 

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

Abstract: This action implements 

regulatory measures under the Marine 

Mammal Protection Act to protect 

Hawaiian spinner dolphins that are 

resting in protected bays from take due 

to close approach interactions with 

humans. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 12/12/05 70 FR 73426 

ANPRM Comment 

Period End.

01/11/06 

NPRM .................. 08/24/16 81 FR 57854 

NPRM Comment 

Period End.

10/23/16 

NPRM Comment 

Period Reopened.

11/16/16 81 FR 80629 

NPRM Comment 

Period Reopened End.

12/01/16 

Final Action ......... 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–AU02 

52. Designation of Critical Habitat for 

the Arctic Ringed Seal 

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

Abstract: The National Marine 

Fisheries Service published a final rule 

to list the Arctic ringed seal as a 

threatened species under the 

Endangered Species Act (ESA) in 

December 2012. The ESA requires 

designation of critical habitat at the time 

a species is listed as threatened or 

endangered, or within one year of listing 

if critical habitat is not then 

determinable. This rulemaking would 

designate critical habitat for the Arctic 

ringed seal. The critical habitat 

designation would be in the northern 

Bering, Chukchi, and Beaufort seas 

within the current range of the species. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/03/14 79 FR 71714 

Proposed Rule .... 12/09/14 79 FR 73010 

Notice of Public 

Hearings.

01/13/15 80 FR 1618 

Comment Period 

Extended.

02/02/15 80 FR 5498 

Proposed Rule 2 01/08/21 86 FR 1452 


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Action Date FR Cite 

Proposed Rule 2 

Comment Period End.

03/09/21 

Public Hearing ..... 02/01/21 86 FR 7686 

Public Hearing 

Comment Period End.

03/09/21 

Comment Period 

Extended 2.

03/09/21 86 FR 13517 

Comment Period 

Extended 2 End.

04/08/21 

Final Action ......... 03/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BC56 

53. Amendment and Updates to the 

Pelagic Longline Take Reduction Plan 

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

Abstract: Serious injury and mortality 

of the Western North Atlantic shortfinned pilot whale stock incidental to 

the Category I Atlantic pelagic longline 

fishery continues at levels exceeding 

their Potential Biological Removal. This 

proposed action would examine a 

number of management measures to 

amend the Pelagic Longline Take 

Reduction Plan to reduce the incidental 

mortality and serious injury of shortfinned pilot whales taken in the Atlantic 

Pelagic Longline fishery to below 

Potential Biological Removal. Potential 

management measures may include 

changes to the current limitations on 

mainline length, new requirements to 

use weak hooks (hooks with reduced 

breaking strength), and non-regulatory 

measures related to determining the best 

procedures for safe handling and release 

of marine mammals. The need for the 

proposed action is to ensure the Pelagic 

Longline Take Reduction Plan meets its 

Marine Mammal Protection Act 

mandated short- and long-term goals. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/15/20 85 FR 81168 

NPRM Comment 

Period End.

02/16/21 

Final Action ......... 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BF90 

54. Designation of Critical Habitat for 

the Threatened Caribbean Corals 

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

Abstract: NMFS listed 5 Caribbean 

corals as threatened under the 

Endangered Species Act on October 10, 

2014. Critical habitat shall be designated 

to the maximum extent prudent and 

determinable at the time a species is 

proposed for listing (50 CFR 424.12). We 

concluded that critical habitat was not 

determinable for the 5 corals at the time 

of listing. However, we anticipated that 

critical habitat would be determinable 

in the future given on-going research. 

We, therefore, announced in the final 

listing rules that we would propose 

critical habitat in separate rulemakings. 

This rule proposes to designate critical 

habitat for the 5 Caribbean coral species 

listed in 2014. A separate proposed 

critical habitat rule is being prepared for 

the 15 Indo-Pacific corals listed as 

threatened in 2014. The proposed 

designation for the Caribbean corals 

may include marine waters in Florida, 

Puerto Rico, US Virgin Islands, Navassa 

Island, and Flower Garden Banks 

containing essential features that 

support all stages of life history of the 

corals. The proposed rule is not likely 

to have an annual effect on the economy 

of $100 million or more or adversely 

affect the economy. NMFS has 

contacted the Departments of the Navy, 

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

Coast Guard requesting information 

related to potential national security 

impacts that may result from the critical 

habitat designation. Based on 

information provided, we concluded 

that there will be an impact on national 

security in only 1 area offshore Dania 

Beach, FL, and will propose to exclude 

it from the designations. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

01/26/21 

Final Rule ............ 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BG26 

55. Revision to Critical Habitat 

Designation for Endangered Southern 

Resident Killer Whales 

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

Abstract: The proposed action would 

revise the designation of critical habitat 

for the endangered Southern Resident 

killer whale distinct population 

segment, pursuant to section 4 of the 

Endangered Species Act. Critical habitat 

for this population is currently 

designated within inland waters of 

Washington. In response to a 2014 

petition, NMFS is proposing to expand 

the designation to include areas 

occupied by Southern Resident killer 

whales in waters along the U.S. West 

Coast. Impacts from the designation 

would stem mainly from Federal 

agencies’ requirement to consult with 

NMFS, under section 7 of the 

Endangered Species Act, to ensure that 

any action they carry out, permit 

(authorize), or fund will not result in the 

destruction or adverse modification of 

critical habitat of a listed species. 

Federal agencies are already required to 

consult on effects to the currently 

designated critical habitat in inland 

waters of Washington, but consultation 

would be newly required for actions 

affecting the expanded critical habitat 

areas. Federal agencies are also already 

required to consult within the Southern 

Resident killer whales’ range (including 

along the U.S. West Coast) to ensure that 

any action they carry out, permit, or 

fund will not jeopardize the continued 

existence of the species; this 

requirement would not change with a 

revision to the critical habitat 

designation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/19/19 84 FR 49214 

NPRM Comment 

Period End.

12/18/19 

Final Rule ............ 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BH95 

56. Atlantic Large Whale Take 

Reduction Plan Modifications To 

Reduce Serious Injury and Mortality of 

Large Whales in Commercial Trap/Pot 

Fisheries Along the U.S. East Coast 

Legal Authority: 16 U.S.C. 1387 et seq. 


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Abstract: In response to recent 

recommendations from the Atlantic 

Large Whale Take Reduction Team 

(TRT) to reduce the risk of North 

Atlantic right whale entanglement in 

commercial trap/pot fisheries along the 

U.S. East Coast, the National Marine 

Fisheries Service (NMFS) intends to 

propose regulations to amend the 

Atlantic Large Whale Take Reduction 

Plan (Plan). 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/31/20 85 FR 86878 

NPRM Comment 

Period End.

03/01/21 

Final Action ......... 07/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BJ09 

57. Designation of Critical Habitat for 

Threatened Indo-Pacific Reef-Building 

Corals 

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

Abstract: On September 10, 2014, 

NMFS listed 20 species of reef-building 

corals as threatened under the 

Endangered Species Act, 15 in the IndoPacific and five in the Caribbean. Of the 

15 Indo-Pacific species, seven occur in 

U.S. waters of the Pacific Islands 

Region, including in American Samoa, 

Guam, the Commonwealth of the 

Mariana Islands, and the Pacific Remote 

Island Areas. This proposed rule would 

designate critical habitat for the seven 

species in U.S. waters (Acropora 

globiceps, Acropora jacquelineae, 

Acropora retusa, Acropora speciosa, 

Euphyllia paradivisa, Isopora 

crateriformis, and Seriatopora aculeata). 

A separate proposed rule will designate 

critical habitat for the listed Caribbean 

coral species. The proposed designation 

may cover coral reef habitat around 13 

island or atoll units in the Pacific 

Islands Region, including three in 

American Samoa, one in Guam, seven in 

the Commonwealth of the Mariana 

Islands, and two in Pacific Remote 

Island Areas, containing essential 

features that support reproduction, 

growth, and survival of the listed coral 

species. NMFS has contacted the 

Departments of the Navy, Air Force, and 

Army as well as the U.S. Coast Guard 

requesting information related to 

potential national security impacts that 

may result from the critical habitat 

designation. Based on information 

provided, we will determine whether to 

propose to exclude any areas based on 

national security impacts. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

01/26/21 

NPRM Comment 

Period Extended.

12/23/20 85 FR 83899 

NPRM Comment 

Period Extended End.

02/25/21 

Second NPRM 

Comment Period Extended.

02/09/21 86 FR 8749 

Second Extended 

Comment Period End.

03/27/21 

Final Rule ............ 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BJ52 

58. Designation of Critical Habitat for 

the Beringia Distinct Population 

Segment of the Bearded Seal 

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

Abstract: NMFS published a final rule 

to list the Beringia Distinct Population 

Segment (DPS) of bearded seals as a 

threatened species under the 

Endangered Species Act (ESA) in 

December 2012, thereby triggering the 

requirement under section 4 of the ESA 

to designate critical habitat for the 

Beringia DPS to the maximum extent 

prudent and determinable. NMFS has 

already initiated rulemaking to establish 

critical habitat for Arctic ringed seals, 

which were also listed as threatened 

under the ESA in December 2012, and 

that action is proceeding separately. 

This rulemaking action proposes to 

designate critical habitat in areas 

occupied by bearded seals in U.S. 

waters over the continental shelf in the 

northern Bering, Chukchi, and Beaufort 

Seas. Impacts from the designation of 

critical habitat for Beringia DPS bearded 

seals would stem from the statutory 

requirement that Federal agencies 

consult with NMFS under section 7 of 

the ESA to ensure that any action they 

carry out, authorize, or fund is not likely 

to result in the destruction or adverse 

modification of bearded seal critical 

habitat. Federal agencies are already 

required to consult with NMFS under 

section 7 of the ESA to ensure that any 

action they authorize, fund, or carry out 

is not likely to jeopardize the continued 

existence of the Beringia DPS of bearded 

seals. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/08/21 86 FR 1433 

NPRM Comment 

Period End.

03/09/21 

Public Hearing ..... 02/01/21 86 FR 7686 

Public Hearing 

Comment Period End.

03/09/21 

Comment Period 

Extended.

03/09/21 86 FR 13518 

Comment Period 

Extended End.

04/08/21 

Final Action ......... 03/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BJ65 

NOS/ONMS 

59. Wisconsin–Lake Michigan National 

Marine Sanctuary Designation 

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

Abstract: On December 2, 2014, 

pursuant to section 304 of the National 

Marine Sanctuaries Act and the 

Sanctuary Nomination Process (79 FR 

33851), a coalition of community groups 

submitted a nomination asking NOAA 

to designate an area of Wisconsin’s Lake 

Michigan waters as a national marine 

sanctuary. The area is a region that 

includes 875 square miles of Lake 

Michigan waters and bottomlands 

adjacent to Manitowoc, Sheboygan, and 

Ozaukee counties and the cities of Port 

Washington, Sheboygan, Manitowoc, 

and Two Rivers. It includes 80 miles of 

shoreline and extends 9 to 14 miles 

from the shoreline. The area contains an 

extraordinary collection of submerged 

maritime heritage resources 

(shipwrecks) as demonstrated by the 

listing of 15 shipwrecks on the National 

Register of Historic Places. The area 

includes 39 known shipwrecks, 123 

reported vessel losses, numerous other 

historic maritime-related features, and is 

adjacent to communities that have 

embraced their centuries-long 

relationship with Lake Michigan. NOAA 

completed its review of the nomination 

in accordance with the Sanctuary 

Nomination Process and on February 5, 

2015, added the area to the inventory of 


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nominations that are eligible for 

designation. On October 7, 2015, NOAA 

issued a notice of intent to begin the 

designation process and asked for 

public comment on making this area a 

national marine sanctuary. Designation 

under the National Marine Sanctuaries 

Act would allow NOAA to supplement 

and complement work by the State of 

Wisconsin and other Federal agencies to 

protect this collection of nationally 

significant shipwrecks. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/09/17 82 FR 2269 

NPRM Comment 

Period End.

03/31/17 

Final Action ......... 06/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Russ Green, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1401 Constitution 

Avenue, Washington, DC 20230, Phone: 

989 766–3359, Email: russ.green@

noaa.gov. 

Jessica Kondel, Policy and Planning 

Division Division Chief, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, 1305 East 

West Highway, Building SSMC4, Silver 

Spring, MD 20910, Phone: 240 533– 

0647. 

RIN: 0648–BG01 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

60. Implementation of a Program for 

Transshipments by Large Scale Fishing 

Vessels in the Eastern Pacific Ocean 

Legal Authority: 16 U.S.C. 951 et seq.; 

16 U.S.C. 971 et seq. 

Abstract: This rule would implement 

the Inter-American Tropical Tuna 

Commission program to monitor 

transshipments by large-scale tuna 

fishing vessels, and would govern 

transshipments by U.S. large-scale tuna 

fishing vessels and carrier, or receiving, 

vessels. The rule would establish: 

criteria for transshipping in port; criteria 

for transshipping at sea by longline 

vessels to an authorized carrier vessel 

with an Inter-American Tropical Tuna 

Commission observer onboard and an 

operational vessel monitoring system; 

and require the Pacific Transshipment 

Declaration Form, which must be used 

to report transshipments in the InterAmerican Tropical Tuna Commission 

Convention Area. This rule is necessary 

for the United States to satisfy its 

international obligations under the 1949 

Convention for the Establishment of an 

Inter-American Tropical Tuna, to which 

it is a Contracting Party. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, Phone: 

503 231–6266, Email: barry.thom@

noaa.gov. 

RIN: 0648–BD59 

61. Amendment 111 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska To Reauthorize the 

Central Gulf of Alaska Rockfish 

Program 

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

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council, this 

action implements Amendment 111 to 

the Fishery Management Plan for the 

Gulf of Alaska. This action would 

reauthorize the Central Gulf of Alaska 

(CGOA) Rockfish Program (RP) fisheries 

and modify specific implementing 

regulations to improve program 

effectiveness and efficiency. This action 

includes the following revisions to the 

RP: Remove the RP sunset date; 

authorize NMFS to reallocate 

unharvested RP Pacific cod and unused 

rockfish incidental catch allowances; 

remove specific harvesting limits 

created under the Crab Rationalization 

Program prior to the implementation of 

the RP; and remove or modify 

equipment and reporting requirements 

to improve operational efficiency, 

clarify regulations and remove 

unnecessary requirements. This action 

allows for the continued existence of the 

successful CGOA RP and maintains the 

benefits realized under the program. 

This action also builds upon the 

existing benefits of the RP by 

implementing minor regulatory changes 

that improve clarity, consistency and 

removes unnecessary regulatory 

requirements. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/28/20 85 FR 45367 

NPRM .................. 09/04/20 85 FR 55243 

NPRM Comment 

Period End.

10/05/20 

Final Rule ............ 03/01/21 86 FR 11895 

Final Rule Effective.03/31/21 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Balsiger, 

Phone: 907 586–7221, Fax: 907 586– 

7465, Email: jim.balsiger@noaa.gov. 

RIN: 0648–BJ73 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

62. Area of Overlap Between the 

Convention Areas of the InterAmerican Tropical Tuna Commission 

and the Western and Central Pacific 

Fisheries Commission 

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

seq.; 16 U.S.C. 951 et seq. 

Abstract: Under authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act and the 

Tuna Conventions Act, an area of 

overlap (overlap area) exists between 

the respective areas of competence of 

the Commission for the Conservation 

and Management of Highly Migratory 

Fish Stocks in the Western and Central 

Pacific Ocean and the Inter-American 

Tropical Tuna Commission. NMFS 

proposes to change the application of 

the two Commissions’ management 

decisions in the overlap area to 

specifically apply Inter-American 

Tropical Tuna Commission management 

measures in the overlap area rather than 

those of the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean that 

currently apply there. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 06/12/18 83 FR 27305 

ANPRM Comment 

Period End.

07/12/18 

NPRM .................. 11/07/19 84 FR 60040 

NPRM Comment 

Period End.

11/22/19 

Final Rule ............ 06/22/20 85 FR 37376 

Final Rule Effective.07/22/20 

Final Action; Announcement of 

Effectiveness of 

Collection-of-Information Requirements.

03/23/21 86 FR 15428 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Regional Administrator, Pacific Islands 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1845 Wasp Boulevard, 


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Building 176, Honolulu, HI 96818, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BH59 

63. Atlantic Highly Migratory Species; 

Regulatory Amendment for the 

Management of Atlantic Swordfish 

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

Abstract: Upon recommendation of 

the HMS Advisory Panel, this action 

would modify existing management 

measures for North Atlantic swordfish 

under the 2006 Consolidated FMP in 

U.S. Atlantic and Caribbean waters. 

This rulemaking would increase default 

retention limits for the Commercial 

Caribbean Small Boat (CCSB) and 

Swordfish General Commercial permits 

and adding inseason adjustment criteria 

for the CCSB permits. This proposed 

action is intended to provide additional 

opportunities to more fully harvest the 

U.S. North Atlantic swordfish quota, 

which has been significantly under 

harvested for many years. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/27/20 85 FR 23315 

NPRM Comment 

Period End.

06/26/20 

Final Action ......... 04/30/21 86 FR 22882 

Final Action Effective.06/01/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

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

kelly.denit@noaa.gov. 

RIN: 0648–BI09 

64. Amendment 8 to the Atlantic 

Herring Fishery Management Plan 

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

Abstract: In response to a 

recommendation by the New England 

Fishery Management Council, this 

action implements measures for a longterm acceptable biological catch (ABC) 

control rule to address the biological 

and ecological requirements of the 

Atlantic herring stock, including 

explicitly accounting for Atlantic 

herring’s role in the ecosystem, and 

minimizing localized depletion and user 

group conflict when effort in the 

Atlantic herring fishery overlaps 

(spatially and temporally) with effort in 

fisheries targeting predators of Atlantic 

herring (e.g., tuna, groundfish) or 

ecotourism industries. Specifically, this 

action implements a control rule 

generating an ABC intended to meet 

specific criteria identified by the New 

England Fishery Management Council, 

including low variability in yield, low 

probability of the stock becoming 

overfished, low probability of a fishery 

shutdown, and catch limits set at a 

relatively high proportion of maximum 

sustainable yield. This action would 

specify that ABC would be set for a 3- 

year period, but would allow ABC to 

vary year-to-year in response to 

projected changes in biomass. 

Timetable: 

Action Date FR Cite 

Notice of Availability.08/21/19 84 FR 43573 

NPRM .................. 10/09/19 84 FR 54094 

NPRM Comment 

Period End.

11/25/19 

Final Action ......... 01/11/21 86 FR 1810 

Final Action Effective.02/10/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BI80 

65. Amendment 21 to the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan 

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

Abstract: This rulemaking action 

implements measures recommended by 

the Mid-Atlantic Fishery Management 

Council and Atlantic States Marine 

Fisheries Commission that would adjust 

the current state-by-state commercial 

quota allocations in the summer 

flounder fishery and update the goals 

and objective for summer flounder 

fishery management in the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan (FMP). The 

revised quota allocation would maintain 

the current state-by-state allocation 

percentages when distributing the 

annual coastwide quota up to 9.55 

million pounds. In years when the 

coastwide quota is above 9.55 million 

pounds, additional quota beyond this 

trigger would be distributed in equal 

shares to all states except Maine, 

Delaware, and New Hampshire (i.e., 

states with very little directed fishing 

effort), which would split one percent of 

the additional quota. The current stateby-state quota allocations have not been 

adjusted since originally implemented 

in 1993. The intent of this amendment 

is to modify the allocations to respond 

to changes in summer flounder 

distribution while also recognizing the 

states’ historical reliance on summer 

flounder. The Council and Board intend 

to review the adjusted quota allocations 

again in no more than 10 years. 

Timetable: 

Action Date FR Cite 

Notice of Availability.07/29/20 85 FR 45571 

NPRM .................. 08/12/20 85 FR 48660 

NPRM Comment 

Period End.

09/11/20 

Final Action ......... 12/14/20 85 FR 80661 

Final Action Effective.01/01/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Pentony, 

Regional Administrator, Greater Atlantic 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 55 Great Republic 

Drive, Gloucester, MA 01930, Phone: 

978 281–9283, Fax: 978 281–9207, 

Email: michael.pentony@noaa.gov. 

RIN: 0648–BJ18 

66. Salmon Bycatch Minimization in 

the Pacific Coast Groundfish Fishery 

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

Abstract: The proposed action would 

implement salmon bycatch 

minimization measures in the Pacific 

Coast groundfish fishery to comply with 

the terms and conditions of a December 

2017 biological opinion on Endangered 

Species Act-listed salmon interactions 

in the groundfish fishery. The proposed 

action would establish additional 

management tools (e.g. area-based 

closures and gear restrictions) the 

Council and NMFS could use as needed 

to keep fishery sectors within Chinook 

and coho salmon bycatch guidelines as 

established in a prior rulemaking. The 

proposed action would establish the 

rules or circumstances under which the 

fishery sectors would be allowed to 

access an established salmon bycatch 

Reserve. Under the proposed action, 

NMFS is required to take an action 

before fishery participants can access 

the Reserve; such action may include 

implementation of a measure such as an 

area-based closure or gear restriction, or 

approval of a plan outlining how a 

whiting cooperative will minimize its 

salmon bycatch. Finally, the proposed 

action would change the bycatch levels 

at which the trawl fishery would be 

closed in order to preserve 500 Chinook 

salmon as bycatch so that the 

recreational and fixed gear fisheries 


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could continue operating in years of 

high trawl fishery bycatch. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/20/20 85 FR 66519 

NPRM Comment 

Period End.

11/19/20 

Final Rule ............ 02/23/21 86 FR 10857 

Final Rule Effective.03/25/21 

Final Rule; Collection of Information.04/29/21 86 FR 22587 

Final Rule; Collection of Information Effective 

Date.

04/29/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BJ50 

67. International Fisheries; Pacific 

Tuna Fisheries; Fishing Restrictions for 

Tropical Tuna in the Eastern Pacific 

Ocean for 2021 

Legal Authority: 16 U.S.C. 951 et seq. 

Abstract: NMFS is issuing regulations 

under the Tuna Conventions Act to 

implement Resolution C–20–05 

(Conservation of Tuna in the Eastern 

Pacific Ocean During 2021), which was 

adopted by the Inter-American Tropical 

Tuna Commission (IATTC or 

Commission) on December 22, 2020. All 

of the provisions of Resolution C–20–05 

are identical in content to the previous 

resolution on tropical tuna management 

that expired at the end of 2020. This 

interim final rule implements the C–20– 

05 fishing management measures for 

tropical tuna (i.e., bigeye tuna (Thunnus 

obesus), yellowfin tuna (Thunnus 

albacares), and skipjack tuna 

(Katsuwonus pelamis)) in the eastern 

Pacific Ocean (EPO). The fishing 

restrictions in this interim final rule are 

applicable in 2021 only and apply to 

purse seine vessels of class sizes 46 

(carrying capacity of 182 metric tons 

(mt) or greater) and longline vessels 

greater than 24 meters (m) in overall 

length that fish for tropical tuna in the 

EPO. This interim final rule is necessary 

for the conservation of tropical tuna 

stocks in the EPO and for the United 

States to satisfy its obligations as a 

member of the IATTC. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 01/19/21 86 FR 5033 

Interim Final Rule 

Effective.

01/19/21 

Interim Final Rule 

Comment Period End.

02/18/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Barry Thom, 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 231–6266, Email: 

barry.thom@noaa.gov. 

RIN: 0648–BK08 

68. Taking and Importing Marine 

Mammals: Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

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

Abstract: The National Marine 

Fisheries Service is taking this action in 

response to an October 17, 2016, 

petition from the U.S. Department of 

Interior (DOI), Bureau of Ocean Energy 

Management (BOEM), to promulgate 

regulations governing the authorization 

of take of marine mammals incidental to 

oil and gas industry geophysical surveys 

conducted in support of hydrocarbon 

exploration and development on the 

Outer Continental Shelf in the Gulf of 

Mexico from approximately 2021 

through 2026. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/22/18 83 FR 29212 

NPRM Comment 

Period End.

08/21/18 

Final Rule ............ 01/19/21 86 FR 5322 

Final Rule; Correction.04/09/21 86 FR 18476 

Final Rule; Correction Effective.04/09/21 

Final Rule Effective.04/19/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BB38 

69. Designation of Critical Habitat for 

the Mexico, Central American, and 

Western Pacific Distinct Population 

Segments of Humpback Whales Under 

the Endangered Species Act 

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

Abstract: This action will propose the 

designation of critical habitat for three 

distinct population segments of 

humpback whales (Megaptera 

novaeangliae) pursuant to section 4 of 

the Endangered Species Act. The three 

distinct population segments of 

humpback whales concerned—the 

Mexico, Central American, and Western 

Pacific distinct population segments— 

were listed under the Endangered 

Species Act on September 8, 2016, 

thereby triggering the requirement 

under section 4 of the Endangered 

Species Act to designate critical habitat 

to the maximum extent prudent and 

determinable. Proposed critical habitat 

for these three distinct population 

segments of humpback whales will 

include marine habitats within the 

Pacific Ocean and Bering Sea and will 

likely overlap with several existing 

designations, including critical habitat 

for leatherback sea turtles, North Pacific 

right whales, Steller sea lions, southern 

resident killer whales, and the southern 

distinct population segment of green 

sturgeon. Impacts from the designations 

for humpback whales would stem from 

the statutory requirement for Federal 

agencies to consult with NMFS, under 

section 7 of the Endangered Species Act, 

to ensure that any action they carry out, 

authorize, or fund will not result in the 

destruction or adverse modification of 

humpback whale critical habitat. Within 

many of the areas we are evaluating for 

potential proposal as critical habitat for 

the humpback whales distinct 

population segments, Federal agencies 

are already required to consult on 

effects to currently designated critical 

habitat for other listed species. Federal 

agencies are also already required to 

consult with NMFS under section 7 of 

the Endangered Species Act to ensure 

that any action they authorize, fund or 

carry out will not jeopardize the 

continued existence of the listed 

distinct population segments of 

humpback whales. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/09/19 84 FR 54354 

NPRM Comment 

Period End.

12/09/19 

NPRM Comment 

Period Extended.

11/27/19 84 FR 65346 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41197 

Action Date FR Cite 

NPRM Comment 

Period Extended End.

01/31/20 

Final Action ......... 04/21/21 86 FR 21082 

Final Action Effective.05/21/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Marzin, 

Acting Director, Office of Protected 

Resources, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Silver Spring, MD 20910, 

Phone: 301 427–8400. 

RIN: 0648–BI06 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Proposed Rule Stage 

70. • Changes To Implement Provisions 

of the Trademark Modernization Act of 

2020 

Legal Authority: 15 U.S.C. 1066; 15 

U.S.C. 1067; 15 U.S.C. 1113; 15 U.S.C. 

1123; 35 U.S.C. 2; Pub. L. 112–29; Pub. 

L. 116–260 

Abstract: The United States Patent 

and Trademark Office (USPTO) amends 

the rules of practice in trademark cases 

to implement provisions of the 

Trademark Modernization Act of 2020. 

The amended rules establish new ex 

parte expungement and reexamination 

proceedings; provide for flexible Office 

action response periods; and amend the 

letter-of-protest rule. The USPTO also 

amends the rules to set fees for petitions 

requesting initiation of the new ex parte 

cancellation proceedings and for 

requests to extend Office action 

response deadlines and to amend the 

rules concerning the suspension of 

USPTO proceedings and the rules 

governing attorney recognition in 

trademark matters. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/21 

NPRM Comment 

Period End.

07/00/21 

Final Action ......... 11/00/21 

Final Action Effective.12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Cain, 

Trademark Manual of Examining 

Procedure Editor, Department of 

Commerce, Patent and Trademark 

Office, P.O. Box 1451, Alexandria, VA 

22313, Phone: 571 272–8946, Fax: 751 

273–8946, Email: catherine.cain@

uspto.gov. 

RIN: 0651–AD55 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Completed Actions 

71. Trademark Fee Adjustment 

Legal Authority: 15 U.S.C. 1066; 15 

U.S.C. 1067; 15 U.S.C. 1113; 15 U.S.C. 

1123; 35 U.S.C. 2; Pub. L. 112–29 

Abstract: The United States Patent 

and Trademark Office (Office) takes this 

action to set and adjust Trademark fee 

amounts to provide the Office with a 

sufficient amount of aggregate revenue 

to recover its aggregate cost of 

operations while helping the Office 

maintain a sustainable funding model, 

ensure integrity of the Trademark 

register, and promote efficiency of 

processes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/19/20 85 FR 37040 

NPRM Comment 

Period End.

08/03/20 

Final Rule ............ 11/17/20 85 FR 73197 

Final Rule; Delay 

of Effective 

Date.

12/15/20 85 FR 81123 

Final Rule Effective.02/18/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Cain, 

Trademark Manual of Examining 

Procedure Editor, Department of 

Commerce, Patent and Trademark 

Office, P.O. Box 1451, Alexandria, VA 

22313, Phone: 571 272–8946, Fax: 751 

273–8946, Email: catherine.cain@

uspto.gov. 

RIN: 0651–AD42 

[FR Doc. 2021–14867 Filed 7–29–21; 8:45 am] 

BILLING CODE 3410–12–P 


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