[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69633-69638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28700]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA012
Plan for Periodic Review of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Regulatory Flexibility Act (RFA) requires that the
National Marine Fisheries Service (NMFS) periodically review existing
regulations that have a significant economic impact on a substantial
number of small entities, such as small businesses, small
organizations, and small governmental jurisdictions. This plan
describes how NMFS will perform this review and describes the
regulations that are being proposed for review during the current
review-cycle.
DATES: Written comments must be received by NMFS by December 15, 2010.
ADDRESSES: You may submit comments on the plan for periodic review of
regulations identified by 0648-XA012 by any of the following methods:
Electronic submissions: E-mail Susan Carrillo or Michelle
McGregor at [email protected].
Mail: Susan Carrillo, National Marine Fisheries Service,
NOAA, Office of Sustainable Fisheries, 1315 East-West Highway, Silver
Spring, MD 20910 (mark outside of envelope ``Comments on 610 review'').
FOR FURTHER INFORMATION CONTACT: Susan Carrillo, (301) 713-2341 for
questions on rules under SUPPLEMENTARY INFORMATION section listed in
items 1 through 22 or items 26 through 36, and contact Michelle
McGregor, (301) 713-2319 for questions on rules under SUPPLEMENTARY
INFORMATION section listed in items 14 and 22 through 25.
SUPPLEMENTARY INFORMATION:
Background
The RFA, 5 U.S.C. 601, requires that Federal agencies take into
account how their regulations affect ``small entities,'' including
small businesses, small Governmental jurisdictions and small
organizations. For regulations proposed after January 1, 1981, the
agency must either prepare a Regulatory Flexibility Analysis or certify
that the regulation, if promulgated, will not have a significant
economic impact on a substantial number of small entities. Section 602
requires that NMFS issue an Agenda of Regulations identifying rules the
Agency is developing that are likely to have a significant economic
impact on a substantial number of small entities.
Section 610 of the RFA requires Federal agencies to review existing
regulations. It requires that NMFS publish a plan in the Federal
Register explaining how it will review those of its existing
regulations which have or will have a significant economic impact on a
substantial number of small entities. Regulations in effect on January
1, 1981 were to be reviewed within ten years of that date. Regulations
that become effective after January 1, 1981 must be reviewed within ten
years of the publication date of the final rule. Section 610(c)
requires that NMFS publish annually in the Federal Register a list of
rules it will review during the succeeding 12 months. The list must
describe the rule, explain the need for it, give the legal basis for
it, and invite public comment.
Criteria for Review of Existing Regulations
The purpose of the review is to determine whether existing rules
should be left unchanged, or whether they should be revised or
rescinded in order to minimize significant economic impacts on a
substantial number of small entities, consistent with the objectives of
other applicable statutes. In deciding whether change is necessary, the
RFA establishes several factors that NMFS will consider:
(1) Whether the rule is still needed;
(2) What type of complaints or comments were received concerning
the rule from the public;
(3) The complexity of the rule;
(4) How much the rule overlaps, duplicates or conflicts with other
Federal rules, and, to the extent feasible, with State and local
governmental rules; and
(5) How long it has been since the rule has been evaluated or how
much the technology, economic conditions, or other factors have changed
in the area affected by the rule.
Plan for Periodic Review of Rules
NMFS will conduct reviews in such a way as to ensure that all rules
for which a Final Regulatory Flexibility Analysis was prepared are
reviewed within ten years of the year in which they were originally
issued. This year, NMFS will review all such rules issued during 2001
and 2002.
The 2001-02 rules that NMFS will review by December 31, 2010 under
the
[[Page 69634]]
Section 610 requirement of the RFA are as follows:
1. Fisheries of the Exclusive Economic Zone (EEZ) Off Alaska;
Amendments 61/61/13/8 to Implement Major Provisions of the American
Fisheries Act (AFA) RIN 0648-AN55 (67 FR 79692, Dec. 30, 2002). NMFS
issued final regulations to implement the following AFA-related
amendments: Amendment 61 to the Fishery Management Plan (FMP) for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI),
Amendment 61 to the FMP for Groundfish of the Gulf of Alaska (GOA),
Amendment 13 to the FMP for BSAI King and Tanner Crab, and Amendment 8
to the FMP for the Scallop Fishery off Alaska. These four amendments
incorporate the provisions of the AFA into the FMPs and their
implementing regulations. The management measures include: Measures
that allocate the BSAI pollock among the sectors of the pollock
processing industry and restrict who may fish for and process pollock
within each industry sector; measures that govern the formation and
operation of fishery cooperatives in the BSAI pollock fishery;
harvesting and processing limits known as sideboards to protect the
participants in other fisheries from spillover effects resulting from
the rationalization of the BSAI pollock fishery; and measures that
establish catch weighing and monitoring requirements for vessels and
processors that participate in the BSAI pollock fishery. These
amendments and management measures were necessary to implement the AFA.
This rule was issued under the authority of the Magnuson-Stevens
Fishery Management and Conservation Act (Magnuson-Stevens Act), 16
U.S.C. 1801, and the AFA.
2. Fisheries of the Exclusive Economic Zone Off Alaska; Western
Alaska Community Development Quota Program, RIN 0648-AL92 (67 FR 13291,
Mar. 22, 2002). NMFS issued this final rule to change the Community
Development Quota (CDQ) regulations for BSAI crab to allow the State of
Alaska greater flexibility in establishing CDQ fishing seasons. This
action was necessary to achieve the conservation and management goals
for the BSAI crab CDQ program and was intended to further the
objectives of the Magnuson-Stevens Act and the FMP for BSAI King and
Tanner Crabs. This rule was issued under the authority of the Magnuson-
Stevens Act.
3. Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid and Butterfish Fisheries; Framework Adjustment 2, RIN 0648-AP12
(67 FR 44392, July 2, 2002). NMFS issued this final rule to implement
measures contained in Framework Adjustment 2 (Framework 2) to the
Atlantic Mackerel, Squid, and Butterfish FMP. This action extended the
limited entry program for the Illex squid fishery for an additional
year; allowed for the roll-over of the annual specifications for these
fisheries (with the exception of total allowable landings of foreign
fishing) in the event annual specifications are not published prior to
the start of the fishing year; and allowed Loligo squid specifications
to be set for up to 3 years, subject to annual review. NMFS disapproved
the proposed framework measures to modify the Loligo squid overfishing
definition and control rule; and to allow Illex squid vessels an
exemption from the Loligo squid trip limit during an August or
September closure of the directed Loligo squid fishery. This action was
necessary and was intended to further the objectives of the FMP and the
Magnuson-Stevens Act. This rule was issued under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801.
4. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Charter Vessel and
Headboat Permit Moratorium, RIN 0648-AO62 (67 FR 43558, June 28, 2002).
NMFS issued this final rule to implement Amendment 14 to the FMP for
the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic and Amendment 20 to the FMP for the Reef Fish Resources of the
Gulf of Mexico. The final rule established a 3-year moratorium on the
issuance of charter vessel or headboat (for-hire) permits for the reef
fish fishery and coastal migratory pelagics fishery in the exclusive
economic zone of the Gulf of Mexico. Also, as a consequence of the
moratorium, the current charter vessel/headboat permit for coastal
migratory pelagic fish was restructured to provide separate permits for
the Gulf of Mexico and South Atlantic. The intended effect of this
final rule was to cap the number of for-hire vessels operating in these
respective fisheries at the current level while the Gulf of Mexico
Fishery Management Council evaluated the need for further management
actions that may be needed to rebuild these fishery resources, and
promote attainment of optimum yield. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
5. Fisheries Off West Coast States and in the Western Pacific;
Pelagic Fisheries; Prohibition on Fishing for Pelagic Management Unit
Species; Nearshore Area Closures Around American Samoa by Vessels More
Than 50 Feet in Length, RIN 0648-AL41 (67 FR 4369, Jan. 30, 2002). NMFS
issued this final rule to prohibit certain vessels from fishing for
Pacific pelagic management unit species within nearshore areas seaward
of 3 nautical miles (nm) to approximately 50 nm around the islands of
American Samoa. This prohibition was applied to vessels that measure
more than 50 ft (15.2 m) in length overall and that did not land
pelagic management unit species in American Samoa under a Federal
longline general permit prior to November 13, 1997. This action was
intended to prevent the potential for gear conflicts and catch
competition between large fishing vessels and locally based small
fishing vessels. Such conflicts and competition could lead to reduced
opportunities for sustained participation by residents of American
Samoa in the small-scale pelagic fishery. This rule was issued under
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
6. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery, RIN 0648-AP78 (67 FR 50292, Aug. 1, 2002). In
this interim final rule, NMFS implemented interim measures intended to
reduce overfishing on species managed under the Northeast Multispecies
FMP. Specifically, this interim final rule implemented additional
restrictions specified in the Settlement Agreement Among Certain
Parties (``Settlement Agreement''), which was ordered to be implemented
by the U.S. District Court for the District of Columbia (Court) in a
Remedial Order issued on May 23, 2002. The additional measures included
the following: A freeze on days-at-sea at the highest annual level used
from fishing years 1996-2000 (beginning May 1, 1996, through April 30,
2001) and a 20-percent cut from that level; a freeze on the issuance of
new open access Hand-gear permits, and a decreased cod, haddock, and
yellowtail flounder possession limit for that category; increased gear
restrictions for certain gear types, including gillnets, hook-gear and
trawl nets; restrictions on yellowtail flounder catch; and mandated
observer coverage levels for all gear sectors in the Northeast
multispecies fishery. This interim final rule also continued many of
the measures contained in an earlier interim final rule that was
published on April 29, 2002, for this fishery. This action was
necessary to bring the regulations governing the fishery into
compliance with the Settlement Agreement and the Court's Remedial
[[Page 69635]]
Order. This rule was issued under the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801.
7. Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Pelagic Fisheries; Pelagic Longline Gear Restrictions,
Seasonal Area Closure, and Other Sea Turtle Take Mitigation Measures,
RIN 0648-AN75 (67 FR 40232, June 12, 2002). NMFS issued a final rule
under the FMP for the Pelagic Fisheries of the Western Pacific Region
to implement the reasonable and prudent alternative of the March 29,
2001, Biological Opinion issued by NMFS under the Endangered Species
Act (ESA). This rule was intended to reduce interactions between
endangered and threatened sea turtles and pelagic fishing gear and to
mitigate the harmful effects of interactions that occur. The rule
applies to the owners and operators of all vessels fishing for pelagic
species under Federal western Pacific limited access longline permits
(longline vessels) within the U.S. EEZ and the high seas around Hawaii,
as well as those fishing for pelagic species with other types of hook-
and-line gear (non-longline pelagic vessels) within the EEZ around
Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake,
Jarvis, Baker, and Howland Islands (western Pacific region). This rule
prohibits the targeting of swordfish north of the equator by longline
vessels, closes all fishing to longline vessels during April and May in
waters south of the Hawaiian Islands (from 15[deg]N. lat. to the
equator, and from 145[deg]W. long. to 180[deg] long.), prohibits the
landing or possessing of more than 10 swordfish per fishing trip by
longline vessels fishing north of the equator, allows the re-
registration of vessels to Hawaii longline limited access permits only
during the month of October, requires all longline vessel operators to
annually attend a protected species workshop, and requires utilization
of sea turtle handling and resuscitation measures on both longline
vessels and non-longline pelagic vessels using hook-and-line gear. This
rule was issued under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801.
8. Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2002 Specifications, 0648-AP37 (67 FR 3442, Jan. 24, 2002). In
addition to issuing final specifications for the 2002 Atlantic herring
fishery, as required by the FMP for Atlantic Herring, this rule
corrected and clarified the final rule implementing the FMP by
clarifying the vessel owners' or operators' reporting requirements.
This rule was issued under the authority of the Magnuson-Stevens Act,
16 U.S.C. 1801.
9. Fisheries Off West Coast States and in the Western Pacific;
Pelagic Fisheries; Measures to Reduce the Incidental Catch of Seabirds
in the Hawaii Pelagic Longline Fishery, 0648-AO35 (67 FR 34408, May 14,
2002). NMFS issued a final rule under the FMP for the Pelagic Fisheries
of the Western Pacific Region that requires owners and operators of all
vessels registered for use under a Hawaii longline limited access
permit and operating with longline gear north of 23[deg]N. lat. to
employ a line-setting machine with weighted branch lines or use basket-
style longline gear, and to use thawed blue-dyed bait and strategic
offal discards during setting and hauling of longlines. The final rule
also required that the owners and operators of these vessels follow
certain seabird handling techniques and annually complete a protected
species educational workshop conducted by NMFS. The final rule followed
an emergency interim rule published on June 12, 2001, and was
implemented to permanently codify the terms and conditions contained in
a biological opinion issued on November 28, 2000, by the U.S. Fish and
Wildlife Service and intended to afford protection to the endangered
short-tailed albatross. The final rule also implemented management
measures that were recommended by the Western Pacific Fishery
Management Council and published in a proposed rule on July 5, 2000.
These measures were designed to minimize interactions between seabirds
and the Hawaii-based longline fishery. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
10. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Deep-
Sea Red Crab Fishery; Atlantic Deep-Sea Red Crab Fishery Management
Plan, RIN 0648-AP76 (67 FR 63222, Oct. 10, 2002). NMFS issued this
final rule to implement approved measures contained in the Atlantic
Deep-Sea Red Crab FMP. These regulations implemented the following
measures: A limited access program for the directed fishery; a target
total allowable catch level; a Days-at-Sea allocation effort control
program; permitting and reporting requirements, including an
Interactive Voice Response system for limited access vessels; trip
limits and incidental harvest allowances; trap/pot limits; processing-
at-sea restrictions; and a framework adjustment process, among other
measures. The intended effect of this final rule was to implement
permanent management measures for the Atlantic deep-sea red crab
fishery and to prevent overfishing of the red crab resource. This rule
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C.
1801.
11. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Experimental Setnet Sablefish
Landings To Qualify Limited Entry Sablefish-Endorsed Permits for Tier
Assignment, RIN 0648-AP39 (67 FR 65902, Oct. 29, 2002). NMFS approved a
regulatory amendment to revise sablefish tier qualifications for the
limited entry, fixed gear, and primary sablefish fishery. The final
rule was issued to amend tier qualifications to include sablefish
landings taken under the provisions of an exempted fishing permit (EFP)
from 1984-1985 with setnet gear north of 38[deg]N. lat. Setnet EFP
landings will be added to the current pot (trap) and longline landings
to qualify a sablefish-endorsed permit for its tier assignment. This
rule was intended to recognize historical sablefish landings made by
current primary season participants. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
12. Fisheries of the Exclusive Economic Zone Off Alaska; Revisions
to Recordkeeping and Reporting Requirements, RIN 0648-AO20 (67 FR 4100,
Jan. 28, 2002). NMFS issued a final rule to amend portions of the
regulations implementing recordkeeping and reporting requirements for
groundfish fisheries in the EEZ off Alaska. This action was necessary
to refine or correct regulations for improved management, to remove
obsolete text, and to clarify and simplify existing text. This action
was intended to facilitate management of the fisheries, promote
compliance with the regulations, and facilitate enforcement efforts.
This rule was issued under the authority of the Northern Pacific
Halibut Act (Halibut Act), 16 U.S.C. 773, and the Magnuson-Stevens Act,
16 U.S.C. 1801.
13. Fisheries of the Exclusive Economic Zone Off Alaska; Extend the
Interim Groundfish Observer Program Through December 31, 2007, and
Amend Regulations for the North Pacific Groundfish Observer Program,
RIN 0648-AQ05 (67 FR 72595, Dec. 6, 2002). NMFS issued a final rule to
extend the applicability date of the existing regulations for the
interim North Pacific Groundfish Observer Program (Observer Program),
which otherwise expired December 31, 2002, through 2007. This final
rule also amended regulations governing the Observer Program. These
changes clarified and improved observer certification and
decertification
[[Page 69636]]
processes; changed the duties and responsibilities of observers and
observer providers to eliminate ambiguities and strengthen the
regulations; and granted NMFS the authority to place NMFS staff and
other qualified persons aboard vessels and at shoreside or floating
stationary plants to increase NMFS' ability to interact effectively
with observers, fishermen, and processing plant employees. These parts
of the action were necessary to improve Observer Program support of the
management objectives of the FMP for the Groundfish Fishery of the BSAI
and the FMP for Groundfish of the GOA for those industry sectors
already subject to such requirements. The intended effect was better
managed fishery resources that result in the effective conservation of
marine resources and habitat. This rule was issued under the authority
of the Magnuson-Stevens Act, 16 U.S.C. 1801.
14. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations, RIN
0648-AN88 (67 FR 1300, Jan. 10, 2002). NMFS issued this final rule to
amend the regulations that implement the Atlantic Large Whale Take
Reduction Plan to provide further protection for large whales, with an
emphasis on protective measures to benefit North Atlantic right whales.
This final rule expanded gear modifications required by a December 2000
interim final rule to the Mid-Atlantic and Offshore lobster waters and
modified requirements for gillnet gear in the mid-Atlantic. This rule
was issued under the authority of the Marine Mammal Protection Act
(MMPA), 16 U.S.C. 1361.
15. Fisheries off West Coast States and in the Western Pacific;
Precious Corals Fisheries; Harvest Quotas, Definitions, Size Limits,
Gear Restrictions, and Bed Classification, RIN 0648-AK23 (67 FR 11941,
Mar. 18, 2002). NMFS partially approved a regulatory amendment under
the FMP for Precious Coral Fisheries of the Western Pacific Region
submitted by the Western Pacific Fishery Management Council and issued
a final rule that implemented gear restrictions, size limits, and
definitions governing the harvest of precious coral resources managed
under the FMP. (Precious coral management measures that were published
in the proposed rule that applied only to the Northwestern Hawaiian
Islands were not implemented by NMFS because they were determined to be
inconsistent with certain provisions of Executive Order 13178 and
Executive Order 13196, which together established the NWHI Coral Reef
Ecosystem Reserve.) This rule was issued under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801.
16. Fisheries Off West Coast States and in the Western Pacific;
Atlantic Highly Migratory Species; Fisheries of the Northeastern United
States; Implementation of the Shark Finning Prohibition Act (Act), RIN
0648-AP21 (67 FR 6194, Feb. 11, 2002). NMFS published this final rule
to implement the provisions of the Act. The final rule prohibited any
person under U.S. jurisdiction from engaging in shark finning,
possessing shark fins harvested on board a U.S. fishing vessel without
corresponding shark carcasses, or landing shark fins harvested without
corresponding carcasses. Finning is the practice of removing the fin or
fins from a shark and discarding the remainder of the shark at sea.
This final rule was issued in accordance with the requirement of the
Act that the Secretary of Commerce issue regulations to implement the
Act. The final rule did not alter or modify shark finning regulations
already in place in the Atlantic for Federal permit holders. This rule
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C.
1801.
17. Atlantic Highly Migratory Species; Pelagic Longline Fishery;
Shark Gillnet Fishery; Sea Turtle and Whale Protection Measures, RIN
0648-AP49 (67 FR 45393, July 9, 2002). This final rule implemented
measures required by the June 14, 2001, Biological Opinion on Atlantic
highly migratory species (Atlantic HMS) fisheries. In the Atlantic HMS
pelagic longline fishery, NMFS closed the northeast distant statistical
reporting (NED) area, required the length of any gangion to be 10
percent longer than the length of any floatline if the total length of
any gangion plus the total length of any floatline is less than 100
meters, and prohibited vessels from having hooks on board other than
corrodible, non-stainless steel hooks. In the Atlantic HMS shark
gillnet fishery, both the observer and vessel operator must look for
whales, the vessel operator must contact NMFS if a listed whale is
taken, and shark gillnet fishermen must conduct net checks every 0.5 to
2 hours to look for and remove any sea turtles or marine mammals from
their gear. This final rule also required all Atlantic HMS bottom and
pelagic longline vessels to post sea turtle handling and release
guidelines in the wheelhouse. The intent of these actions was to reduce
the incidental catch and post-release mortality of sea turtles and
other protected species in Atlantic HMS fisheries. This rule was issued
under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
18. Fisheries of the Exclusive Economic Zone Off Alaska; License
Limitation Program for Groundfish of the Bering Sea and Aleutian
Islands Area, RIN 0648-AM40 (67 FR 18129, Apr. 15, 2002). NMFS issued
this final rule to implement Amendment 67 to the FMP for the Groundfish
BSAI. This action was necessary to stabilize fully utilized Pacific cod
resources harvested with hook-and-line and pot gears in the BSAI. This
was accomplished by issuing endorsements for exclusive participation in
the hook-and-line and pot gear BSAI Pacific cod fisheries by long-time
participants. The final rule also added a new definition for directed
fishing for CDQ fisheries and clarified discard provisions for the
individual fishing quota and CDQ fisheries. The intended effect of this
action is to conserve and manage the Pacific cod resources in the BSAI.
This rule was issued under the authority of the Magnuson-Stevens Act,
16 U.S.C. 1801.
19. Fisheries of the Exclusive Economic Zone Off Alaska;
Prohibition of Non-pelagic Trawl Gear in Cook Inlet in the Gulf of
Alaska, RIN 0648-AP79 (67 FR 70859, Nov. 27, 2002). NMFS issued this
final rule to implement Amendment 60 to the FMP for Groundfish of the
GOA. This amendment prohibited the use of non-pelagic trawl gear in
Cook Inlet. This action was necessary to address bycatch avoidance
objectives in the Magnuson-Stevens Act, and was intended to further the
goals and objectives of the FMP for Groundfish of the GOA. This rule
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C.
1801.
20. Magnuson-Stevens Act Provisions; Fisheries off West Coast
States and in the Western Pacific; Pacific Coast Groundfish Fishery;
Annual Specifications and Management Measures, RIN 0648-AO69 (67 FR
10490, Mar. 7, 2002). NMFS issued this final rule to implement the 2002
fishery specifications and management measures for groundfish taken in
the U.S. EEZ and State waters off the coasts of Washington, Oregon, and
California. Management measures were intended to prevent overfishing;
rebuild overfished species; minimize incidental catch and discard of
overfished and depleted stocks; provide equitable harvest opportunity
for both recreational and commercial sectors; and, within the
commercial fisheries, achieve harvest guidelines and limited entry and
open access allocations to the extent practicable. This rule was issued
under
[[Page 69637]]
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
21. Fisheries of the Exclusive Economic Zone Off Alaska; Individual
Fishing Quota Program, RIN 0648-AK70 (67 FR 20915, Apr. 29, 2002). NMFS
issued this final rule to implement Amendment 54 to the FMP for the
Groundfish Fishery of the BSAI, Amendment 54 to the FMP for Groundfish
of the GOA (Amendments 54/54), and an amendment to the Pacific halibut
commercial fishery regulations for waters in and off Alaska. These
amendments made three changes in the Individual Fishing Quota (IFQ)
Program to: (1) Allow a quota share (QS) holder's indirect ownership or
affiliation to a vessel, through corporate or other collective ties, to
substitute for vessel ownership in the QS holder's own name for
purposes of hiring a skipper to fish the QS holder's IFQ; (2) revise
the definition of ``a change in the corporation or partnership'' to
include language that explicitly specifies the point at which estates
holding initial allocations of QS must transfer the QS to a qualified
individual; and (3) revise sablefish use limits to be expressed in QS
units rather than as percentages of the QS pool. This action was
intended to improve the effectiveness of the IFQ Program. This action
was issued under the authority of the Magnuson-Stevens Act, 16 U.S.C.
1801, and the Halibut Act, 16 U.S.C. 773.
22. Sea Turtle Conservation Measures for the Pound Net Fishery in
Virginia Waters, RIN 0648-AP81 (67 FR 41196, June 17, 2002). NMFS
prohibited the use of all pound net leaders measuring 12 inches (30.5
cm) and greater stretched mesh and all pound net leaders with stringers
in the Virginia waters of the mainstem Chesapeake Bay effective
immediately through June 30 and then from May 8 to June 30 each year.
The affected area includes all Chesapeake Bay waters between the
Maryland and Virginia State line (approximately 38[deg]N. lat.) and the
COLREGS line at the mouth of the Chesapeake Bay, and the waters of the
James River, York River, and Rappahannock River downstream of the first
bridge in each tributary. NMFS also imposed year round reporting and,
when requested, monitoring requirements for the Virginia pound net
fishery. This action was necessary to conserve sea turtles listed as
threatened or endangered and to enable the agency to gather further
information about sea turtle interactions in the pound net fishery.
This rule was issued under the authority of the ESA, 16 U.S.C. 1531.
23. Endangered and Threatened Species; Take of Four Threatened
Evolutionarily Significant Units of West Coast Salmon; 4(d) Rule, RIN
0648-AP17 (67 FR 1116, Jan. 10, 2002). Under the ESA, the Secretary of
Commerce issues regulations as necessary and advisable for the
conservation of species listed as ``threatened.'' This rule was issued
to conserve four salmonid ``evolutionarily significant units'' or ESUs
in California: California Central Valley Chinook, California Coastal
Chinook, Central California Coast Coho and Northern California
steelhead. The rule prohibited ``take'' of these four ESUs, subject to
a number of exceptions. This rule was issued under the authority of the
ESA, 16 U.S.C. 1531.
24. Atlantic Large Whale 2002 Seasonal Area Management (SAM)
Program, RIN 0648-AP68 (67 FR 1142, Jan. 9 2002). NMFS issued this
interim final rule to amend the regulations that implement the Atlantic
Large Whale Take Reduction Plan to provide further protection for large
whales, with an emphasis on North Atlantic right whales, through a
Seasonal Area Management (SAM) program. The SAM program defines two
areas based on the annual predictable presence of North Atlantic right
whales in which gear restrictions for lobster trap and anchored gillnet
gear are required. This action was necessary due to the critical status
of the North Atlantic right whale population. The intent of the action
was to reduce interactions between North Atlantic right whales and
fishing gear and to reduce serious injury and mortality of North
Atlantic right whales due to entanglement in fishing gear. This rule
was issued under the authority of the MMPA, 16 U.S.C. 1361.
25. Regulations Governing the Approach to Humpback Whales in
Alaska, RIN 0648-AN29 (66 FR 29502, May 31, 2001). This rule
established measures to protect humpback whales in waters within 200
nautical miles of Alaska. Under these regulations it is unlawful for a
person subject to the jurisdiction of the United States to approach, by
any means, with some exceptions, within 100 yards of a humpback whale.
The primary objective of limiting approaches around humpback whales was
to minimize disturbance that could adversely affect the individual
animal and to manage the threat to these animals caused by whale
watching activities. The humpback whale is listed as endangered under
the ESA. This rule was issued under the authority of the ESA, 16 U.S.C.
1531, and the MMPA, 16 U.S.C. 1361.
26. Fisheries of the Exclusive Economic Zone Off Alaska; Improved
Individual Fishing Quota Program, RIN 0648-AK50 (66 FR 27908, May 14,
2001). This rule amended regulations implementing the IFQ Program for
the Pacific halibut and sablefish fixed gear fisheries in and off
Alaska. NMFS identified parts of the program that needed further
refinement or correction for effective management of the affected fixed
gear fisheries. This action effected those refinements and was
necessary to further the objectives of the Magnuson-Stevens Act with
respect to the IFQ fisheries. This rule was issued under the authority
of the Halibut Act, 16 U.S.C. 773, and the Magnuson-Stevens Act, 16
U.S.C. 1801.
27. Fisheries of the Exclusive Economic Zone off Alaska; Western
Alaska Community Development Quota Program, RIN 0648-AM72 (66 FR 13672,
Mar. 7, 2001). This final rule implemented Amendment 66 to the FMP for
the Groundfish Fishery of the BSAI. Amendment 66 removed the allocation
of squid to the Western Alaska CDQ Program to prevent the catch of
squid from limiting the catch of pollock CDQ. The regulatory amendment
defining directed fishing for pollock CDQ implemented the intent of the
AFA that only pollock caught while directed fishing for pollock CDQ
accrue against the pollock CDQ allocation. This rule was issued under
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
28. Fisheries of the Exclusive Economic Zone off Alaska; Revisions
to Definition of Length Overall of a Vessel, RIN 0648-AN23 (66 FR
47416, Sept. 12, 2001). This final rule clarified the definition of
length overall (LOA) of a vessel for the purposes of the regulations
governing the groundfish fisheries in the EEZ off Alaska. The action
was intended to prevent any misunderstanding or equivocation by vessel
owners in determining a vessel's LOA, and to further the goals and
objectives of the FMP for Groundfish of the GOA and the FMP for the
Groundfish Fishery of the BSAI. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
29. Fisheries of the Exclusive Economic Zone off Alaska; License
Limitation Program, RIN 0648-AL95 (66 FR 48813, Sept. 24, 2001). This
final rule implemented Amendment 60 to the FMP for the Groundfish
Fishery of the BSAI, Amendment 58 to the FMP for Groundfish of the GOA,
and Amendment 10 to the FMP for the Commercial King and Tanner Crab
Fisheries in the BSAI. This rule was necessary to implement changes to
the License Limitation Program made by these amendments and was
intended to further the objectives of the Magnuson-
[[Page 69638]]
Stevens Act and the three FMPs. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
30. Atlantic Coastal Fisheries Cooperative Management Act
Provisions; Horseshoe Crab Fishery; Closed Area, RIN 0648-AO02 (66 FR
8906, Feb. 5, 2001). NMFS issued this final rule to prohibit fishing
for horseshoe crabs and limit possession of them in an area in the EEZ
encompassing a 30-nautical mile radius (in a shape roughly equivalent
to a rectangle) seaward from the midpoint of the territorial sea line
at the mouth of Delaware Bay. The intent of the final rule was to
provide protection for the Atlantic coast stock of horseshoe crab and
to promote the effectiveness of the Atlantic States Marine Fisheries
Commission's Interstate FMP for horseshoe crab. This rule was issued
under the authority of the Atlantic Coastal Fisheries Cooperative
Management Act, 16 U.S.C. 5101.
31. Fisheries of the Northeastern United States, Fishery Management
Plan for Tilefish, RIN 0648-AF87 (66 FR 49136, Sept. 26, 2001). This
final rule was issued to implement the FMP for Tilefish. Specifically,
it was designed to eliminate overfishing, as defined in that FMP, and
to rebuild the tilefish stock in the northwest Atlantic Ocean by
implementing: a stock rebuilding strategy; a limited entry program; a
tiered commercial quota; permit and reporting requirements for
commercial vessels, operators, and dealers; a prohibition on the use of
gear other than longline gear by limited-access tilefish vessels; and
an annual specification and framework adjustment process. This rule was
issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
32. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Groundfish Observer Program, RIN
0648-AN27 (66 FR 20609, April 24, 2001). NMFS issued this final rule to
amend the regulations implementing the Pacific Coast Groundfish FMP to
provide for an at-sea observation program on all limited entry and open
access catcher vessels. It required vessels in the groundfish fishery
to carry observers when notified by NMFS or its designated agent;
established notification requirements for vessels that may be required
to carry observers; and established responsibilities and defined
prohibited actions for vessels that are required to carry observers.
The at-sea observation program was intended to improve estimates of
total catch and fishing mortality. This rule was issued under the
authority of the Magnuson-Stevens Act, 16 U.S.C. 1801.
33. Fisheries off West Coast States and in the Western Pacific;
West Coast Salmon Fisheries; Amendment 14, RIN 0648-AL51 (66 FR 29238,
May 30, 2001). NMFS issued this final rule to implement portions of
Amendment 14 to the FMP for Commercial and Recreational Salmon
Fisheries off the Coasts of Washington, Oregon, and California. The
final rule made minor changes to language regarding spawning escapement
and management goals; implemented a new recreational allocation to the
Port of La Push and adjusted the Neah Bay allocation accordingly; added
preseason flexibility for recreational port allocations north of Cape
Falcon; and implemented preseason flexibility in setting recreational
port allocations or recreational and commercial allocations north of
Cape Falcon to take advantage of selective fishing opportunities for
marked hatchery fish. The intended effect of the final rule was to
employ management measures that minimize impacts to species, stocks, or
size/age classes of concern, while maximizing access to harvestable
fish. This rule was issued under the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801.
34. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 13, RIN 0648-AO41 (66 FR
29729, June 1, 2001). NMFS issued this final rule to implement
Amendment 13 to the Pacific Coast Groundfish FMP. It established an
increased utilization program for catcher/processor and mother ships in
the at-sea whiting fisheries which carry multiple observers for at
least 90 percent of the fishing days during a cumulative trip limit
period, by revising the regulatory provisions for the routine
management measures process, and by removing regulatory references to
limited entry permit endorsements other than the ``A'' endorsement.
This rule was issued under the authority of the Magnuson-Stevens Act,
16 U.S.C. 1801.
35. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 14, RIN 0648-AO97 (66 FR
41152, Aug. 7, 2001). This rule implemented Amendment 14 to the Pacific
Coast Groundfish FMP, which created a permit stacking program for
limited entry permits with sablefish endorsements. The program was
intended to lengthen the duration of the limited entry, fixed gear
primary sablefish fishery; increase safety in that fishery; provide
flexibility to participants; and reduce capacity in the limited entry
fixed gear fleet. This rule was issued under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801.
36. International Fisheries Regulations; Pacific Tuna Fisheries,
RIN 0648-AO42 (66 FR 49317, Sept. 27, 2001). This rule was issued to
implement fishery conservation and management measures for the U.S.
purse seine fishery in the eastern Pacific Ocean (EPO) to reduce
bycatch of juvenile tuna, non-target fish species, and non-fish
species. These measures were recommended by the Inter-American Tropical
Tuna Commission (IATTC) and approved by the U.S. Department of State,
in accordance with the Tuna Conventions Act of 1950. In addition, this
rule established reporting requirements for U.S. vessels fishing for
tuna in the EPO in order to gather information that NMFS could provide
to the IATTC for a regional vessel register. The vessel register was
created to promote consistent compliance across all IATTC member
nations by ensuring constant attention to fleets active in the area and
aiding in identification of vessels engaged in illegal, unreported or
undocumented fishing in the EPO. This rule was issued under the
authority of the Tuna Conventions Act, 16 U.S.C. 1801.
Dated: November 8, 2010.
Brian Parker,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-28700 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-22-P