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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XX66

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

 Notice.

# SUMMARY:

NMFS has designated the states of Alaska, Oregon, California, New York, Connecticut, Delaware, American Samoa and Commonwealth of the Northern Mariana Islands as exempted states for anglers, spear fishers and for-hire fishing vessels. NMFS has designated the states of Virginia and Massachusetts as exempted states for for-hire fishing vessels.

# DATES:

Effective on September 2, 2010.

# ADDRESSES:

Gordon C. Colvin, Fishery Biologist, NMFS ST-12453, 1315 East-West Highway, Silver Spring, MD 20910.

# FOR FURTHER INFORMATION CONTACT:

                        Gordon C. Colvin, Fishery Biologist; (301) 713-2367 x175; e-mail:                         *Gordon.Colvin@noaa.gov*

# SUPPLEMENTARY INFORMATION:

                    The final rule implementing the National Saltwater Angler Registry Program, 50 CFR subpart P, was published in the                     **Federal Register**                     on December 30, 2008. The final rule requires persons who are angling, spear fishing or operating a for-hire fishing vessel in the U.S. Exclusive Economic Zone or for anadromous species to register annually with NOAA, beginning January 1, 2009. However, persons who are licensed or registered by, or state residents who are not required to register or hold a license issued by, a state that is designated as an exempted state are not required to register with NOAA. The final rule sets forth the requirements for states to be designated as exempted states. Generally, exempted states must agree to provide to NMFS names, addresses, dates of birth and telephone numbers of the persons licensed or registered under a qualifying state license and/or registry program, or to provide catch and effort data from a qualifying regional survey of recreational fishing, and enter into a Memorandum of Agreement with NMFS to formalize the data reporting agreement.                

NMFS has received proposals for providing license/registry and/or regional survey catch and effort data from the states listed below, has determined that the states' programs qualify for exempted state designation under the provisions of the final rule, and has entered into Memoranda of Agreement with each of the states. Therefore, pursuant to 50 CFR 600.1415(b)(3), notice is hereby given that the following states are designated as exempted states under 50 CFR subpart P: Alaska, Oregon, California, New York, Delaware, Connecticut, American Samoa, Commonwealth of the Northern Mariana Islands. Persons who hold a valid fishing license or registration issued by these exempted states for angling, spear fishing or operating a for-hire fishing vessel in tidal waters are not required to register with NOAA under 50 CFR 600.1405(b). Persons who are residents of these exempted states who are not required to hold a fishing license, or to be registered to fish under the laws of these exempted states, also are not required to register with NOAA. Further, pursuant to 50 CFR 600.1415(b)(3), notice is hereby given that the following states are designated as exempted states only for for-hire fishing vessels: Virginia, Massachusetts. Persons who hold a valid license or registration issued by these exempted states for operating a for-hire fishing vessel in tidal waters are not required to register with NOAA under 50 CFR 600.1405(b).

Dated: August 26, 2010.

Eric C. Schwaab,

Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 2010-21987 Filed 9-1-10; 8:45 am]

BILLING CODE 3510-22-S