[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Proposed Rules]
[Pages 41728-41740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17257]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Chapters II, III, IV, V, and VI
RIN 0648-XC012
Plan for Periodic Review of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; 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 August 15, 2012.
ADDRESSES: You may submit comments on this document, identified by
0648-XC012 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter 0648-XC012. Locate the document you wish to
comment on from the resulting list and click on the ``Submit a
Comment'' icon on the right of that line.
Mail: Submit written comments to Wendy Morrison, 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'').
Fax: 301-713-1193; Attn: Wendy Morrison.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Wendy Morrison, (301) 427-8504, for
questions on rules under SUPPLEMENTARY INFORMATION section listed in
items 1 through 72; and Heather Coll, (301) 427-8455, for questions on
rules under SUPPLEMENTARY INFORMATION section listed in items 73
through 76.
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
[[Page 41729]]
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 its existing regulations which
have or will have a significant economic impact on a substantial number
of small entities. Regulations that become effective after January 1,
1981, must be reviewed within 10 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 five 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 10 years of the year in which they were originally
issued. By December 31, 2012, NMFS will review all such rules issued
during 2003 and 2004:
1. Fisheries of the Exclusive Economic Zone off Alaska; Steller Sea
Lion Protection Measures for the Groundfish Fisheries off Alaska. RIN
0648-AQ08 (68 FR 204, January 2, 2003). NMFS issued a final rule to
implement Steller sea lion protection measures to avoid the likelihood
that the groundfish fisheries off Alaska would jeopardize the continued
existence of the western distinct population segment of Steller sea
lions or adversely modify its critical habitat. These management
measures dispersed fishing effort over time and area to provide
protection from potential competition for important Steller sea lion
prey species in waters adjacent to rookeries and important haulouts.
The intended effect of this final rule was to protect the endangered
western distinct population segment of Steller sea lions, as required
under the Endangered Species Act, and to conserve and manage the
groundfish resources in the Bering Sea/Aleutian Islands management area
and the Gulf of Alaska in accordance with the Magnuson-Stevens Act.
2. Fisheries of the Exclusive Economic Zone off Alaska; Revisions
to Observer Coverage Requirements for Vessels and Shoreside Processors
in the North Pacific Groundfish Fisheries. RIN 0648-AM44 (68 FR 715,
January 7, 2003). NMFS issued a final rule to amend regulations
governing the North Pacific Groundfish Observer Program. This action
was necessary to refine observer coverage requirements and improve
support for observers. This action was intended to ensure continued
collection of high-quality observer data to support the management
objectives of the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area and the Fishery Management
Plan for Groundfish of the Gulf of Alaska, and was intended to promote
the goals and objectives contained in those FMPs.
3. Fisheries of the Exclusive Economic Zone off Alaska; Amendment
69 to Revise American Fisheries Act Inshore Cooperative Requirements.
RIN 0648-AP71 (68 FR 6833, February 11, 2003). NMFS issued a final rule
to implement Amendment 69 to the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutians Area. This final
rule allowed an American Fisheries Act inshore cooperative to contract
with a non-member vessel to harvest a portion of the cooperative's
pollock allocation. The North Pacific Fishery Management Council
developed Amendment 69 to provide greater flexibility to inshore
catcher vessel cooperatives to arrange for the harvest of their pollock
allocation, and to address potential emergency situations, such as
vessel breakdowns, that would prevent a cooperative from harvesting its
entire allocation. This action was designed to be consistent with the
environmental and socioeconomic objectives of the American Fisheries
Act, the Magnuson-Stevens Act, the Fishery Management Plan, and other
applicable laws.
4. Fisheries of the Exclusive Economic Zone off Alaska; Western
Alaska Community Development Quota Program. RIN 0648-AL97 (68 FR 9902,
March 3, 2003). NMFS issued a final rule to amend portions of the
regulations governing the halibut fishery under the Western Alaska
Community Development Quota (CDQ) Program. These changes increased the
Regulatory Area (Area) 4E trip limit from 6,000 lb (2.72 metric tons
(mt)) to 10,000 lb (4.54 mt) and modified the Area 4 Catch Sharing Plan
to allow CDQ Program participants to harvest allocations of Area 4D
halibut CDQ in Area 4E. This action was intended to enhance harvesting
opportunities for halibut CDQ fishermen and to further the goals and
objectives of the North Pacific Fishery Management Council with respect
to the CDQ program and the Pacific halibut fishery, consistent with the
regulations and resource management objectives of the International
Pacific Halibut Commission.
5. Fisheries of the Exclusive Economic Zone off Alaska; Seasonal
Area Closure to Trawl, Pot, and Hook-and-Line Fishing in Waters off
Cape Sarichef. RIN 0648-AQ46 (68 FR 11004, March 7, 2003). NMFS issued
a final rule to seasonally close a portion of the waters located near
Cape Sarichef in the Bering Sea subarea to directed fishing for
groundfish by vessels using trawl, pot, or hook-and-line gear. This
action was necessary to support NMFS research on the effect of fishing
on the localized abundance of Pacific cod. It was intended to further
the goals and objectives of the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area.
6. Fisheries of the Exclusive Economic Zone Off Alaska; Opening
Waters to Pacific Cod Pot Fishing off Cape Barnabas and Caton Island.
RIN 0648-AQ45 (68 FR 31629, May 28, 2003). NMFS issued a final rule to
allow use of pot gear in waters around Cape Barnabas and Caton Island
located in the Gulf of Alaska for directed fishing for Pacific cod.
Prior to this regulation,
[[Page 41730]]
waters within 3 nautical miles of these sites were closed to Pacific
cod fishing by vessels using pot gear and named on a Federal fisheries
permit. This action was necessary to provide consistency between State
and Federal fishing restrictions and to relieve a potential burden on
the Pacific cod pot gear fishing sector. This final rule was intended
to meet the objectives in the Magnuson-Stevens Act and to further the
goals and objectives of the Fishery Management Plan for Groundfish of
the Gulf of Alaska.
7. Individual Fishing Quota Program for Pacific Halibut and
Sablefish; Amendment 72/64 to Revise Recordkeeping and Reporting
Requirements. RIN 0648-AP92 (68 FR 44473, July 29, 2003). NMFS issued a
final rule to implement Amendment 72 to the Fishery Management Plan for
the Groundfish Fishery of the Bering Sea and Aleutian Islands Area and
Amendment 64 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska. This action revised certain recordkeeping and reporting
requirements for the Individual Fishing Quota (IFQ) Program for fixed
gear Pacific halibut and sablefish fisheries and the Western Alaska
Community Development Quota Program for the Pacific halibut fishery.
This action was necessary to improve IFQ fishing operations, while
complying with IFQ Program requirements; to improve NMFS' ability to
efficiently administer the program; and to improve the clarity and
consistency of IFQ Program regulations. This action was intended to
meet the conservation and management requirements of the Northern
Pacific Halibut Act of 1982 with respect to halibut, and of the
Magnuson-Stevens Act with respect to sablefish, and to further the
goals and objectives of the groundfish Fishery Management Plans.
8. Fisheries off the Exclusive Economic Zone; Amendment of
Eligibility Criteria for the Bering Sea and Aleutian Islands Management
Area Pacific Cod Hook-and-Line and Pot Gear Fisheries. RIN 0648-AQ75
(68 FR 44666, July 30, 2003). NMFS issued a final rule to amend
eligibility criteria for Pacific cod endorsements to groundfish
licenses issued under the License Limitation Program. These
endorsements are necessary to participate in the Bering Sea and
Aleutian Islands Management Area (BSAI) Pacific cod hook-and-line or
pot gear fisheries with vessels greater than or equal to 60 feet length
overall. This action was necessary to allow additional participation in
the BSAI Pacific cod hook-and-line or pot gear fisheries, as intended
by the North Pacific Fishery Management Council. The intended effect of
this action was to prevent unnecessary restriction on participation in
the BSAI Pacific cod hook-and-line or pot gear fisheries and to
conserve and manage the Pacific cod resources in the BSAI in accordance
with the Magnuson-Stevens Act.
9. Fisheries of the Exclusive Economic Zone off Alaska; License
Limitation Program. RIN 0648-AQ73 (68 FR 46117, August 5, 2003). NMFS
issued a final rule to amend eligibility criteria for Bering Sea and
Aleutian Islands (BSAI) crab species licenses issued under the License
Limitation Program and required for participation in the BSAI crab
fisheries. This action was necessary to allow participation in the BSAI
crab fisheries in a manner intended by the North Pacific Fishery
Management Council. The intended effect of this action was to allow
vessels with recent participation in the BSAI crab fisheries to qualify
for a License Limitation Program crab species license and to conserve
and manage the crab resources in the BSAI in accordance with the
Magnuson-Stevens Act.
10. Pacific Halibut Fisheries; Guideline Harvest Levels for the
Guided Recreational Halibut Fishery. RIN 0648-AK17 (68 FR 47256, August
8, 2003). NMFS issued a final rule to implement a guideline harvest
level for managing the harvest of Pacific halibut in the guided
recreational fishery in International Pacific Halibut Commission areas
2C and 3A in and off of Alaska. The guideline harvest level established
an amount of halibut that would be monitored annually in the guided
recreational fishery. This action was necessary to allow NMFS to manage
more comprehensively the Pacific halibut stocks in waters off Alaska.
It was intended to further the management and conservation goals of the
Northern Pacific Halibut Act of 1982.
11. Fisheries of the Exclusive Economic Zone off Alaska; Removal of
Full Retention and Utilization Requirements for Rock Sole and Yellowfin
Sole. RIN 0648-AQ78 (68 FR 52142, September 2, 2003). NMFS issued
regulatory changes to implement the partial approval of Amendment 75 to
the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area. As partially approved, this amendment
eliminated all reference to the requirements for 100-percent retention
and utilization of rock sole and yellowfin sole in the groundfish
fisheries of the Bering Sea and Aleutian Islands Management Area. This
action was necessary to amend regulations to maintain consistency with
the the Magnuson-Stevens Fishery Management and Conservation Act, the
Fishery Management Plan, and other applicable laws.
12. Fisheries of the Exclusive Economic Zone Off Alaska; Electronic
Reporting Requirements. RIN 0648-AP66 (68 FR 58038, October 8, 2003).
NMFS issued a final rule to amend regulations governing the North
Pacific Groundfish Observer Program. This action was necessary to
refine requirements for the facilitation of observer data transmission
and improve support for observers. The final rule was necessary to
improve the timely transmission of high-quality observer data for a
sector of catcher vessels in these fisheries. It was intended to
support the management objectives of the Fishery Management Plan for
the Groundfish Fishery of the Bering Sea and Aleutian Islands Area and
the Fishery Management Plan for Groundfish of the Gulf of Alaska.
13. Fisheries of the Exclusive Economic Zone off Alaska; Allocation
of Pacific Cod Among Fixed Gear Sectors. RIN 0648-AR31 (68 FR 67086,
December 1, 2003). NMFS issued a final rule to implement Amendment 77
to the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area. This action allocated the fixed gear
portion of the Bering Sea and Aleutian Islands Management Area (BSAI)
Pacific cod total allowable catch among the fixed gear sectors. In
addition, this action further split the pot sector share of the total
allowable catch between pot catcher/processors and pot catcher vessels;
changed how the 2 percent annual BSAI Pacific cod allocation to jig
gear was seasonally apportioned; and changed how unused portions were
reallocated to other gear types. Amendment 77 and its implementing
regulations were necessary to maintain the stability of the fixed gear
Pacific cod fishery. This action was intended to promote the goals and
objectives of the Magnuson-Stevens Act the Fishery Management Plan, and
other applicable laws.
14. Fisheries of the Exclusive Economic Zone off Alaska; Revision
to the Management of ``Other Species'' Community Development Quota. RIN
0648-AQ88 (68 FR 69974, December 16, 2003). NMFS issued a final rule
that modified the management of the ``other species'' Community
Development Quota (CDQ) reserve by eliminating specific allocations of
``other species'' CDQ to individual CDQ managing organizations. The
action instead allowed NMFS to manage the ``other species'' CDQ reserve
with the general limitations used to manage the catch of
[[Page 41731]]
non-CDQ groundfish in the Bering Sea and Aleutian Islands management
area. This action also eliminated the CDQ non-specific reserve and made
other changes to improve the clarity and consistency of CDQ Program
regulations. This action was necessary to improve NMFS' ability to
effectively administer the CDQ Program. It was intended to further the
goals and objectives of the North Pacific Fishery Management Council
with respect to this program.
15. Fisheries of the Exclusive Economic Zone off Alaska; Halibut
Fisheries in U.S. Convention Waters Off Alaska; Management Measures to
Reduce Seabird Incidental Take in the Hook-and-Line Halibut and
Groundfish Fisheries. RIN 0648-AM30 (69 FR 1930, January 13, 2004).
NMFS issued a final rule to revise regulations requiring seabird
avoidance measures in the hook-and-line groundfish fisheries of the
Bering Sea and Aleutian Islands management area and Gulf of Alaska, and
in the Pacific halibut fishery in U.S. Convention waters off Alaska.
This action was intended to improve the pre-existing requirements and
further mitigate interactions with the shorttailed albatross
(Phoebastria albatrus), an endangered species protected under the
Endangered Species Act, and with other seabird species in hook-and-line
fisheries in and off Alaska, and thus further the goals and objectives
of the Magnuson-Stevens Act, the Northern Pacific Halibut Act of 1982,
the Migratory Bird Treaty Act, and the Endangered Species Act.
16. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Observer Program. RIN 0648-AR32 (69 FR 1951, January 13, 2004). NMFS
issued a final rule to amend regulations governing the North Pacific
Groundfish Observer Program. This action was necessary to provide added
flexibility in the deployment of observers in the Exclusive Economic
Zone off the coast of Alaska. In addition, this action was intended to
ensure continued collection of high-quality observer data. It was
necessary to support the management objectives of the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area and the Fishery Management Plan for Groundfish of
the Gulf of Alaska, and to promote the goals and objectives contained
in those Fishery Management Plans.
17. Fisheries of the Exclusive Economic Zone Off Alaska; Provisions
of the American Fisheries Act (AFA). RIN 0648-AR13 (69 FR 6198,
February 10, 2004). NMFS issued a final rule to remove the expiration
date of regulations published in the Federal Register on December 30,
2002, implementing the AFA. The AFA final rule inadvertently specified
a period of effectiveness that would expire December 31, 2007. This
rule made the amendments to the AFA rule permanent, as originally
intended. This action was necessary to implement the AFA consistent
with statutory requirements, and was intended to do so in a manner
consistent with the objectives of the Magnuson-Stevens Act and other
applicable laws.
18. Fisheries of the Exclusive Economic Zone Off Alaska;
Recordkeeping and Reporting. RIN 0648-AR08 (69 FR 21975, April 23,
2004). NMFS issued this final rule to revise the descriptions of Gulf
of Alaska (GOA) reporting areas 620 and 630 in paragraph (b) of Figure
3 to 50 CFR part 679 to include the entire Alitak/Olga/Deadman's/
Portage Bay complex of Kodiak Island within reporting area 620. This
action was necessary to improve quota management and fishery
enforcement in the GOA. This action was intended to meet the
conservation and management requirements of the Magnuson-Stevens Act
and to further the goals and objectives of the Fishery Management Plan
for Groundfish of the Gulf of Alaska.
19. Fisheries of the Exclusive Economic Zone Off Alaska; Individual
Fishing Quota Program; Community Purchase. RIN 0648-AQ98 (69 FR 23681,
April 30, 2004). NMFS issued a final rule to implement Amendment 66 to
the Fishery Management Plan for Groundfish of the Gulf of Alaska, and
an amendment to the Pacific halibut commercial fishery regulations for
waters in and off of Alaska. Amendment 66 to the Fishery Management
Plan and the regulatory amendment modified the Individual Fishing Quota
(IFQ) Program by revising the eligibility criteria to receive halibut
and sablefish IFQ and quota share (QS) by transfer to allow eligible
communities in the Gulf of Alaska to establish non-profit entities to
purchase and hold QS for lease to, and use by, community residents as
defined by specific elements of the proposed action. This action
improved the effectiveness of the IFQ Program by providing additional
opportunities for residents of fishery dependent communities and was
necessary to promote the objectives of the Magnuson-Stevens Act and the
Northern Pacific Halibut Act of 1982 with respect to the IFQ fisheries.
20. Fisheries of the Exclusive Economic Zone Off Alaska; Skates
Management in the Groundfish Fisheries of the Gulf of Alaska. RIN 0648-
AR73 (69 FR 26313, May 12, 2004). NMFS issued a final rule to implement
Amendment 63 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska. Amendment 63 moved skates from the ``other species'' list to
the ``target species'' list in the Fishery Management Plan. By listing
skates as a target species, management of a directed fishery for skates
in the Gulf of Alaska was improved. The final rule revised the
definition of ``other species'' and revised the listings for skates and
``other species'' to allow for the management of incidental catch of
skates in groundfish fisheries and for groundfish in the skates
directed fishery. This action was necessary to reduce the potential for
overfishing skates. This action was intended to promote the goals and
objectives of the Magnuson-Stevens Act, the Fishery Management Plan,
and other applicable laws.
21. Fisheries of the Exclusive Economic Zone Off Alaska; General
Limitations. RIN 0648-AR41 (69 FR 32901, June 14, 2004). NMFS issued a
final rule amending regulations establishing pollock Maximum Retainable
Amounts (MRA). This action adjusted the MRA enforcement period for
pollock harvested in the Bering Sea and Aleutian Islands management
area from enforcement at anytime during a fishing trip to enforcement
at the time of offload. This action was necessary to reduce regulatory
discards of pollock caught incidentally in the directed fisheries for
non-pollock groundfish species. The intended effect of this action was
to better use incidentally caught pollock in accordance with the goals
and objectives of the Magnuson-Stevens Act and the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area.
22. Fisheries of the Exclusive Economic Zone Off Alaska; Revisions
to the Annual Harvest Specifications Process for the Groundfish
Fisheries of the Gulf of Alaska and the Bering Sea and Aleutian Islands
Management Area. RIN 0648-AR77 (69 FR 64683, November 8, 2004). NMFS
issued a final rule that implemented Amendment 48 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska (GOA) and
Amendment 48 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI) (Amendments 48/
48). Amendments 48/48 revised the administrative process used to
establish annual harvest specifications for the groundfish fisheries of
the GOA and the BSAI, and updated the Fishery Management Plans by:
Revising the
[[Page 41732]]
description of the groundfish fisheries and participants, revising the
name of the BSAI Fishery Management Plan, revising text to simplify
wording and correct typographical errors, and revising the description
of the North Pacific Fishery Management Council Groundfish Plan Teams'
responsibilities. The final rule revised regulations to implement the
new harvest specifications process in Amendments 48/48 and revised the
name of the BSAI Fishery Management Plan. This action was intended to
promote the goals and objectives of the Magnuson-Stevens Act, the
Fishery Management Plans, and other applicable laws.
23. Fisheries of the Exclusive Economic Zone Off Alaska; Full
Retention of Demersal Shelf Rockfish in the Southeast Outside District
of the Gulf of Alaska. RIN 0648-AP73 (69 FR 68095, November 23, 2004).
NMFS issued a final rule that requires the operator of a federally
permitted catcher vessel using hook-and-line or jig gear in the
Southeast Outside District of the Gulf of Alaska to retain and land all
demersal shelf rockfish caught while fishing for groundfish or for
Pacific halibut under the Individual Fishing Quota program. This action
was necessary to improve estimates of fishing mortality of demersal
shelf rockfish. This final rule was intended to further the goals and
objectives of the Magnuson-Stevens Act and the Fishery Management Plan
for Groundfish of the Gulf of Alaska.
24. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Framework Adjustment 15. RIN 0648-AQ28 (68 FR 9580,
February 28, 2003). NMFS issued this final rule to implement Framework
15 to the Atlantic Sea Scallop Fishery Management Plan developed by the
New England Fishery Management Council. This final rule implemented
management measures for the 2003 fishing year, including a days-at-sea
adjustment, and continuation of a Sea Scallop Area Access Program for
2003. The intent of this action was to achieve the goals and objectives
of the Fishery Management Plan under the Magnuson-Stevens Act and to
achieve optimum yield in the scallop fishery. In addition, this final
rule included regulatory text that codifies an additional gear stowage
provision for scallop dredge gear that was established by the
Administrator, Northeast Region, NMFS in 2001.
25. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Summer
Flounder, Scup, and Black Sea Bass Fisheries; Summer Flounder, Scup,
and Black Sea Bass Fishery Management Plan. RIN 0648-AN12 (68 FR 10181,
March 4, 2003). NMFS issued this final rule to implement approved
measures contained in Amendment 13 to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan. Pursuant to the Magnuson-
Stevens Act and the Fishery Management Plan, this final rule
established an annual coastwide quota for black sea bass and allowed
vessels to fish under a Southeast Region Snapper/Grouper permit and to
retain their Northeast Region Black Sea Bass Permit during a Federal
fishery closure. Finally, this final rule required that vessels issued
a Federal moratorium permit for summer flounder, scup, and black sea
bass be subject to the presumption that any fish of these species on
board were harvested from the exclusive economic zone.
26. Atlantic Coastal Fisheries Cooperative Management Act
Provisions; Fisheries of the Northeastern United States; American
Lobster Fishery. RIN 0648-AP15 (68 FR14902, March 27, 2003). NMFS
amended regulations to modify the management measures applicable to the
American lobster fishery. This action responded to the following
recommendations made by the Atlantic States Marine Fisheries Commission
(Commission): To control fishing effort as determined by historical
participation in the American lobster trap fisheries conducted in the
offshore Lobster Conservation Management Area 3 (Area 3) and in the
nearshore LCMAs of the Exclusive Economic Zone from New York through
North Carolina (Areas 4 and 5); to implement a mechanism for
conservation equivalency and associated trap limits for owners of
vessels in possession of a Federal lobster permit fishing in New
Hampshire state waters; and to clarify lobster management area
boundaries in Massachusetts waters. NMFS included in this final rule a
mechanism for Federal consideration of future Commission requests to
implement conservation-equivalent measures and a technical amendment to
the regulations clarifying that Federal lobster permit holders must
attach federally approved lobster trap tags to all lobster traps fished
in any portion of any management area (whether in state or Federal
waters). This requirement was not new, but was not previously specified
in the regulatory text. This announcement was intended to make the
regulations easier to understand.
27. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 37 to the Northeast
Multispecies Fishery Management Plan. RIN 0648-AQ35 (68 FR 22333, April
28, 2003). NMFS issued this final rule to implement measures contained
in Framework Adjustment 37 to the Northeast Multispecies Fishery
Management Plan to eliminate the Year 4 default measure for whiting in
both stock areas; reinstate the Cultivator Shoal whiting fishery season
through October 31 each year; eliminate the 10-percent restriction on
red hake incidental catch in the Cultivator Shoal whiting fishery;
adjust the incidental catch allowances in Small Mesh Areas 1 and 2 so
that they are consistent with those in the Cape Cod Bay raised footrope
trawl fishery; clarify the transfer-at-sea provisions for small-mesh
multispecies for use as bait; modify slightly the Cape Cod Bay raised
footrope trawl fishery area; and retain the 30,000-lb (13.6 mt) trip
limit for the Cultivator Shoal whiting fishery.
28. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Monkfish
Fishery; Framework Adjustment 2. RIN 0648-AQ29 (68 FR 22325, April 28,
2003). NMFS implemented measures contained in Framework Adjustment 2 to
the Monkfish Fishery Management Plan. This final rule modified the
monkfish overfishing definition reference points and optimum yield
target control rule to be consistent with the best scientific
information available and the provisions of the Magnuson-Stevens Act.
This rule also implemented an expedited process for setting annual
target total allowable catch levels (TACs); established a method for
adjusting monkfish trip limits and days-at-sea allocations to achieve
the annual target TACs; and established target TACs and corresponding
trip limits for the 2003 fishing year. As a result, this rule
eliminated the default measures adopted in the original Fishery
Management Plan that would have resulted in the elimination of the
directed monkfish fishery and reduced incidental catch limits. Finally,
this final rule clarified the regulations pertaining to the monkfish
area declaration requirements by specifying that vessels intending to
fish under either a monkfish, Northeast multispecies, or scallop days-
at-sea, under the less restrictive measures of the Northern Fishery
Management Area (NFMA), declare their intent to fish in the NFMA for a
minimum of 30 days.
29. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 38 to the Northeast
Multispecies Fishery Management Plan. RIN 0648-AQ76 (68
[[Page 41733]]
FR 40808, July 9, 2003). NMFS issued this final rule to implement
measures contained in Framework Adjustment 38 to the Northeast (NE)
Multispecies Fishery Management Plan to exempt a fishery from the Gulf
of Maine Regulated Mesh Area mesh size regulations. Framework 38
established an exempted small mesh silver hake (Merluccius bilinearis)
(whiting) fishery in the inshore Gulf of Maine. The exempted fishery
was authorized from July 1 through November 30 each year; required the
use of specific exempted grate-raised footrope trawl gear; established
a maximum whiting possession limit of 7,500 lb (3,402 kg); and included
incidental catch restrictions.
30. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Skate Complex Fisheries; Skate Fishery Management Plan. RIN 0648-AO10
(68 FR 49693, August 19, 2003). NMFS issued this final rule to
implement approved measures contained in the Skate Fishery Management
Plan. These regulations implemented the following measures: A
possession limit for skate wings; a bait-only exemption to the wing
possession limit restrictions; a procedure for the development,
revision, and/or review of management measures on an annual, biennial,
and interannual basis, including a framework adjustment process; open
access permitting requirements for fishing vessels, operators, and
dealers; new species-level reporting requirements for skate vessels and
dealers; new discard reporting requirements for Federal vessels; and
prohibitions on possessing smooth skates in the Gulf of Maine Regulated
Mesh Area, and thorny skates and barndoor skates throughout the
management unit. This final rule also implemented other measures for
administration and enforcement. The intended effect of this final rule
was to implement permanent management measures for the Northeast skate
fisheries pursuant to the Magnuson-Stevens Act and the Fishery
Management Plan, and to prevent overfishing of skate resources. Also,
NMFS informed the public of the approval by the Office of Management
and Budget of the collection-of-information requirements contained in
this final rule and publishes the Office of Management and Budget
control numbers for these collections.
31. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 3. RIN 0648-
AR43 (68 FR 62250, November 3, 2003). NMFS issued this final rule to
implement measures contained in Framework Adjustment 3 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan to allow the
rollover of unused commercial scup quota from the Winter I period to
the Winter II period, and to change the regulations regarding the scup
commercial quota counting procedures. NMFS also adjusted the 2003
Winter II commercial scup quota and possession limit.
32. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Amendment 13 to the Surfclam and
Ocean Quahog Fishery Management Plan. RIN 0648-AP57 (68 FR 69970,
December 16, 2003). NMFS implemented measures contained in Amendment 13
to the Fishery Management Plan. Amendment 13 established: A new
surfclam overfishing definition; multi-year fishing quotas; a mandatory
vessel monitoring system, when such a system was economically viable;
the ability to suspend or adjust the surfclam minimum size limit
through a framework adjustment; and an analysis of fishing gear impacts
on essential fish habitat for surfclams and ocean quahogs. This final
rule included technical corrections to the regulations implementing the
Fishery Management Plan, which clarified the Mid-Atlantic Fishery
Management Council's intent not to restrict allocation ownership to
only those entities that also own a permitted vessel, and to eliminate
the restriction on the transfer of allocation tags of amounts less than
160 bushels (bu) (i.e., 5 cage tags). The primary purpose of Amendment
13 was to rectify the disapproved surfclam overfishing definition and
the essential fish habitat analysis and rationale contained in
Amendment 12 in order to comply with the Magnuson-Stevens Act, and to
simplify the regulatory requirements of the Fishery Management Plan.
33. Fisheries of the Northeastern United States; Recordkeeping and
Reporting Requirements; Regulatory Amendment To Modify Seafood Dealer
Reporting Requirements. RIN 0648-AR79 (69 FR 13482, March 23, 2004).
NMFS issued this final rule to implement approved management measures
contained in a regulatory amendment to modify the reporting and
recordkeeping regulations for federally permitted seafood dealers
participating in the summer flounder, scup, black sea bass, Atlantic
sea scallop, Northeast (NE) multispecies, monkfish, Atlantic mackerel,
squid, butterfish, Atlantic surfclam, ocean quahog, Atlantic herring,
Atlantic deep-sea red crab, tilefish, Atlantic bluefish, skates, and/or
spiny dogfish fisheries in the NE Region. The purpose of this action
was to improve monitoring of commercial landings by collecting more
timely and accurate data, enhance enforceability of the existing
regulations, promote compliance with existing regulations, and ensure
consistency in reporting requirements among fisheries.
34. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 4. RIN 0648-
AR62 (69 FR 16175, March 29, 2004). NMFS issued a final rule
implementing measures contained in Framework Adjustment 4 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan that allowed
for the transfer at sea of scup between commercial fishing vessels, and
clarified the circumstances under which a vessel must operate with the
specified mesh. Regulations regarding the establishment and
administration of research set-aside quota were also amended to clarify
how unused research set-aside quota was to be returned to the fishery.
35. Fisheries of the Northeastern United States; Monkfish Fishery.
RIN 0648-AR89 (69 FR 18291, April 7, 2004). NMFS implemented measures
to establish target total allowable catch (TAC) levels for the monkfish
fishery for the 2004 fishing year. The regulation also adjusted trip
limits and days-at-sea for limited access monkfish vessels fishing in
the Southern Fishery Management Area based upon the methods established
in Framework Adjustment 2 to the Monkfish Fishery Management Plan.
Based on these methods, this final rule established FY 2004 target TACs
of 16,968 mt for the Northern Fishery Management Area, and 6,772 mt for
the Southern Fishery Management Area; adjusted the trip limits for
vessels fishing in the Southern Fishery Management Area to 550 lb (250
kg) tail weight per days-at-sea for limited access Category A and C
vessels, and 450 lb (204 kg) tail weight per days-at-sea for limited
access Category B and D vessels; and restricted the fishing year 2004
days-at-sea available for monkfish limited access vessels fishing in
the Southern Fishery Management Area to 28 days-at-sea.
36. Fisheries of the Northeastern United States; Tilefish Fishery;
Reinstatement of Permit Requirements for the Tilefish Fishery. RIN
0648-AR75 (69 FR 22454, April 26, 2004). NMFS reinstated the permit
requirements for
[[Page 41734]]
commercial tilefish vessels. These permit requirements were set aside
in a Federal Court Order on the grounds that the limited access program
contained in the Tilefish Fishery Management Plan violated National
Standard 2 of the Magnuson-Stevens Act. The Court found that there was
insufficient support for the various limited access permit criteria in
the administrative record for the Fishery Management Plan. NMFS
reinstated these permit requirements based on additional information in
the form of a supplemental administrative record to the Fishery
Management Plan provided by the Mid-Atlantic Fishery Management Council
that supported and explained the basis for the limited access permit
criteria contained in the Fishery Management Plan. This action also
allocated the remainder of the fishing year 2004 (November 1, 2003-
October 31, 2004) tilefish total allowable landings to the various
limited access permit categories according to the regulations, based
upon a projection of tilefish landings through the effective date of
this rule, and using dealer reports. This action enabled NMFS to manage
the tilefish fishery in accordance with the provisions of the Magnuson-
Stevens Act by preventing overfishing, and ensuring that the stock
rebuilding objective of the Fishery Management Plan was achieved.
37. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 13. RIN 0648-AN17 (69 FR 22906, April
27, 2004). NMFS implemented approved measures contained in Amendment 13
to the NE Multispecies Fishery Management Plan. Amendment 13 was
developed by the New England Fishery Management Council to end
overfishing and rebuild NE multispecies (groundfish) stocks managed
under the authority of the Magnuson-Stevens Act, and to make other
changes in the management of the groundfish fishery. This rule
implemented the following measures: Changes in the days-at-sea baseline
for determining historical participation in the groundfish fishery;
days-at-sea reductions from the baseline; creation of new categories of
days-at-sea and criteria for their allocation and use in the fishery;
changes in minimum fish size and possession limits for recreationally
caught fish; a new limited access permit category for Handgear vessels;
elimination of the northern shrimp fishery exemption line; access to
groundfish closed areas for tuna purse seiners; an exemption program
for southern New England scallop dredge vessels; modifications to
Vessel Monitoring System requirements; changes to procedures for
exempted fisheries; changes to the process for making periodic
adjustments to management measures in the groundfish fishery; revisions
to trip limits for cod and yellowtail flounder; changes in gear
restrictions, including minimum mesh sizes and gillnet limits; a days-
at-sea Transfer Program; a days-at-sea Leasing Program; implementing
measures for the U.S./Canada Resource Sharing Understanding for cod,
haddock, and yellowtail flounder on Georges Bank; a Special Access
Program to allow increased targeting of Georges Bank yellowtail
flounder; revisions to overfishing definitions and control rules;
measures to protect essential fish habitat; new reporting requirements;
sector allocation procedures; and a Georges Bank Cod Hook Gear Sector
Allocation. The effort-reduction measures in Amendment 13 were intended
to end overfishing on all stocks and constitute rebuilding programs for
those groundfish stocks that require rebuilding. Other measures were
intended to provide flexibility and business options for permit
holders. Also, NMFS informed the public of the approval by the Office
of Management and Budget of the collection-of information requirements
contained in this final rule and publishes the Office of Management and
Budget control numbers for these collections.
38. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Amendment 10. RIN 0648-AN16 (69 FR 35194, June 23,
2004). NMFS implemented approved measures contained in Amendment 10 to
the Atlantic Sea Scallop Fishery Management Plan, developed by the New
England Fishery Management Council. Amendment 10 included a long-term,
comprehensive program to manage the sea scallop fishery through an area
rotation management program to maximize scallop yield. Areas were
defined and would be closed and reopened to fishing on a rotational
basis, depending on the condition and size of the scallop resource in
the areas. This rule included measures to minimize the adverse effects
of fishing on essential fish habitat to the extent practicable.
Amendment 10 also included updated days-at-sea allocations, measures to
minimize bycatch to the extent practicable, and other measures to make
the management program more effective, efficient, and flexible. In
addition, NMFS published the Office of Management and Budget control
numbers for collection of-information requirements contained in this
final rule.
39. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 5. RIN 0648-
AR50 (69 FR 62818, October 28, 2004). NMFS issued this final rule to
implement measures contained in Framework Adjustment 5 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan that allowed
for specification of annual Total Allowable Landings for multiple
years. The intent was to provide flexibility and efficiency to the
management of the species. In addition, this final rule included
several administrative modifications to the existing regulations for
clarification purposes.
40. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery and Northeast (NE) Multispecies Fishery; Framework 16
and Framework 39. RIN 0648-AR55 (69 FR 63460, November 2, 2004). NMFS
implemented concurrently Framework 16 to the Atlantic Sea Scallop
Fishery Management Plan and Framework 39 to the Northeast Multispecies
Fishery Management Plan developed by the New England Fishery Management
Council. The Joint Frameworks established Scallop Access Areas within
Northeast multispecies Closed Area I, Closed Area II, and the Nantucket
Lightship Closed Area. Prior to these regulations, the NE multispecies
closed areas were closed year-round to all fishing that was capable of
catching NE multispecies, including scallop fishing. The Joint
Frameworks allowed the scallop fishery to access the scallop resource
within portions of the NE multispecies closed areas during specified
seasons, and ensured that NE multispecies catches by scallop vessels
were consistent with the Multispecies Fishery Management Plan. The
Joint Frameworks also revised the essential fish habitat closed areas
implemented under Amendment 10 to the Scallop Fishery Management Plan
in order to make the areas consistent with the essential fish habitat
closures under the Multispecies Fishery Management Plan, as established
by Amendment 13 to the Multispecies Fishery Management Plan.
41. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Framework Adjustment 40-A. RIN 0648-AS34 (69 FR
67780, November 19, 2004). NMFS implemented approved measures contained
in Framework Adjustment
[[Page 41735]]
40-A to the NE Multispecies Fishery Management Plan. Framework
Adjustment 40-A was developed by the New England Fishery Management
Council to provide additional opportunities for vessels in the fishery
to target healthy stocks of groundfish in order to mitigate the
economic and social impacts resulting from the effort reductions
required by Amendment 13 to the Fishery Management Plan, and to harvest
groundfish stocks at levels that approach optimum yield. This rule
implemented three programs to allow vessels to use Category B Days-at-
Sea (both Regular and Reserve) to target healthy stocks: Regular B
days-at-sea Pilot Program; Closed Area (CA) I Hook Gear Haddock Special
Access Program for the Georges Bank Cod Hook Sector; and Eastern U.S./
Canada Haddock Special Access Program Pilot Program. In addition,
Framework Adjustment 40-A relieved an Amendment 13 restriction that
prohibited vessels from fishing both in the Western U.S./Canada Area
and outside that area on the same trip.
42. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 17. RIN 0648-AQ68 (68 FR
52519, September 4, 2003). NMFS issued this final rule to implement
Amendment 17 to the Pacific Coast Groundfish Fishery Management Plan.
Amendment 17 changed the Pacific Fishery Management Council's
(Council's) annual groundfish management process from an annual to a
biennial process. Amendment 17 was intended to ensure that the
specifications and management measures process comports with a Federal
Court ruling, to make the Council's development process for
specifications and management measures more efficient so that more time
was available for other management activities, and to streamline the
NMFS regulatory process for implementing the specifications and
management measures.
43. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Vessel Monitoring Systems and
Incidental Catch Measures. RIN 0648-AQ58 (68 FR62374, November 4,
2003). NMFS issued a final rule to require vessels registered to
Pacific Coast groundfish fishery limited entry permits to carry and use
mobile vessel monitoring system transceiver units while fishing in
state or Federal waters off the coasts of Washington, Oregon and
California. This action was necessary to monitor compliance with large-
scale depth-based conservation areas that restrict fishing across much
of the continental shelf. This final rule also required the operators
of any vessel registered to a limited entry permit and any open access
or tribal vessel using trawl gear, including exempted gear used to take
pink shrimp, spot and ridgeback prawns, California halibut and sea
cucumber, to declare their intent to fish within a conservation area
specific to their gear type, in a manner that was consistent with the
conservation area requirements. This action was intended to further the
conservation goals and objectives of the Pacific Coast Groundfish
Fishery Management Plan by allowing fishing to continue in areas and
with gears that can harvest healthy stocks while reducing the
incidental catch of low-abundance species.
44. Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 16-1. RIN 0648-AR36 (69
FR8861, February 26, 2004). NMFS issued this final rule to implement
Amendment 16-1 to the Pacific Coast Groundfish Fishery Management Plan.
Amendment 16-1 set a process for and standards by which the Council
would specify rebuilding plans for groundfish stocks declared
overfished by the Secretary of Commerce. Amendment 16-1 was intended to
ensure that Pacific Coast groundfish overfished species rebuilding
plans meet the requirements of the Magnuson-Stevens Act, in particular
national standard 1 on overfishing, which addresses rebuilding
overfished fisheries. Amendment 16-1 was also intended to partially
respond to a Court order in which NMFS was ordered to provide Pacific
Coast groundfish rebuilding plans as Fishery Management Plans,
amendments, or regulations, per the Magnuson-Stevens Act.
45. Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 16-2. RIN 0648-AR35 (69
FR19347, April 13, 2004). NMFS issued this final rule to implement
Amendment 16-2 to the Pacific Coast Groundfish Fishery Management Plan.
Amendment 16-2 amended the Fishery Management Plan to include
overfished species rebuilding plans for lingcod, canary rockfish,
darkblotched rockfish, and Pacific ocean perch within the Fishery
Management Plan. This final rule added two rebuilding parameters to the
Code of Federal Regulations for each overfished stock, the target year
for rebuilding and the harvest control rule. Amendment 16-2 addressed
the requirements of the Magnuson-Stevens Act to protect and rebuild
overfished species managed under a Federal Fishery Management Plan.
Amendment 16-2 also responded to a Court order, in which NMFS was
ordered to provide Pacific Coast groundfish rebuilding plans as Fishery
Management Plans, amendments, or regulations, per the Magnuson-Stevens
Act.
46. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Groundfish Observer Program. RIN
0648-AK26 (69 FR31751, June 7, 2004). NMFS published this interim final
rule to amend the regulations implementing the Pacific Coast Groundfish
Fishery Management Plan to provide for a mandatory, vessel-financed
observer program on at-sea processing vessels. This action was
necessary to satisfy the standardized bycatch reporting methodology
requirements of the 1996 Sustainable Fisheries Act amendments to the
Magnuson-Stevens Act.
47. Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Amendment 16-3; Corrections. RIN
0648-AS26 (69 FR57874, September 28, 2004). NMFS issued this final rule
to implement Amendment 16-3 to the Pacific Coast Groundfish Fishery
Management Plan. Amendment 16-3 amended the Fishery Management Plan to
include overfished species rebuilding plans for bocaccio, cowcod, widow
rockfish, and yelloweye rockfish within the Fishery Management Plan.
This final rule added two rebuilding parameters to the Code of Federal
Regulations for each overfished stock, the target year for rebuilding
and the harvest control rule. Amendment 16-3 addressed the requirements
of the Magnuson-Stevens Act to protect and rebuild overfished species
managed under a Federal Fishery Management Plan. Amendment 16-3 also
responded to a Court order in which NMFS was ordered to provide Pacific
Coast groundfish rebuilding plans as Fishery Management Plans,
amendments, or regulations, per the Magnuson-Stevens Act. This rule
also updated the list of rockfish species defined in the Code of
Federal Regulations to match those listed in the Fishery Management
Plan and contained corrections to 50 CFR part 660, subpart G.
48. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plan for the Shrimp Fishery off the Southern
Atlantic States; Amendment 5. RIN 0648-AP41 (68 FR 2188, January 16,
2003). NMFS issued this final rule to implement Amendment 5 to the
Fishery Management Plan for the Shrimp Fishery off the Southern
Atlantic States. This final rule established a limited access program
for the rock shrimp fishery in the exclusive economic zone off Georgia
and off the east coast of Florida (limited access
[[Page 41736]]
area), established a minimum mesh size for a rock shrimp trawl net in
the limited access area, required the use of an approved vessel
monitoring system by vessels allowed to fish for rock shrimp in the
limited access program, and required an operator of a vessel in the
rock shrimp fishery in the exclusive economic zone off the southern
Atlantic states (North Carolina through the east coast of Florida) to
have an operator permit. In addition, NMFS informed the public of the
approval by the Office of Management and Budget of the collection-of-
information requirements contained in this final rule and published the
Office of Management and Budget control numbers for those collections.
The intended effects of this final rule were to minimize additional
increases in harvesting capacity in the rock shrimp fishery; reduce the
bycatch of small, unmarketable rock shrimp; enhance compliance with
fishery management regulations; improve protection of essential fish
habitat, including an area that contains the last 20 acres (8 hectares)
of intact Oculina coral remaining in the world; and ensure the long-
term economic viability of the rock shrimp industry.
49. 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; Revision of Charter
Vessel and Headboat Permit Moratorium Eligibility Criterion. RIN 0648-
AQ70 (68 FR 26230, May 15, 2003). NMFS issued this final rule to
implement a corrected Amendment for the charter vessel/headboat permit
moratorium established in Amendment 14 to the Fishery Management Plan
for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic and in Amendment 20 to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico. This final rule revised,
consistent with the actions taken by the Gulf of Mexico Fishery
Management Council (Council), one of the eligibility criteria for
obtaining a charter vessel/headboat permit under the moratorium. This
final rule also reopened the application process for obtaining Gulf
charter vessel/headboat moratorium permits and extended the applicable
deadlines; extended the expiration dates of valid or renewable open
access permits for these fisheries; clarified, as requested by the
Council, a constraint on issuance of historical captain permits under
the moratorium; and extended the expiration date of the moratorium to
account for the delay in implementation. In addition, NMFS informed the
public of the approval by the Office of Management and Budget of the
collection-of-information requirements contained in this final rule and
published the Office of Management and Budget control numbers for those
collections. The intended effect of this final rule was to implement
the charter vessel/headboat moratorium in the Gulf of Mexico consistent
with the actions taken by the Council.
50. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Pelagic Sargassum Habitat of the South Atlantic Region. RIN 0648-AN87
(68 FR 57375, October 3, 2003). NMFS issued this final rule to
implement the Fishery Management Plan for Pelagic Sargassum Habitat of
the South Atlantic Region. This final rule limited the harvest or
possession of pelagic sargassum in or from the exclusive economic zone
off the southern Atlantic states to 5,000 lb (2,268 kg) annually;
restricted fishing for pelagic sargassum in the South Atlantic
exclusive economic zone to an area no less than 100 nautical miles
offshore of North Carolina and to the months of November through June;
required vessel owners or operators to accommodate NMFS-approved
observers on all pelagic sargassum fishing trips; and restricted the
mesh and frame sizes of nets used to harvest pelagic sargassum. The
Fishery Management Plan also defined the management unit, maximum
sustainable yield, optimum yield, and overfishing parameters. In
addition, NMFS informed the public of the approval by the Office of
Management and Budget of the collection-of-information requirements
contained in this final rule and published the Office of Management and
Budget control numbers for those collections. The intended effects were
to conserve and manage pelagic sargassum and to protect essential fish
habitat.
51. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 10. RIN 0648-AM23 (69
FR 1538, January 9, 2004). NMFS issued this final rule to implement the
approved measures of Amendment 10 to the Fishery Management Plan for
the Shrimp Fishery of the Gulf of Mexico, as prepared and submitted by
the Gulf of Mexico Fishery Management Council. This final rule
required, with limited exceptions, the use of NMFS-certified bycatch
reduction devices in shrimp trawls in the Gulf of Mexico exclusive
economic zone (Gulf EEZ) east of 85[deg]30'W longitude (approximately
Cape San Blas, FL). In addition, this final rule identified the
certified BRDs authorized for use in the Gulf EEZ east of 85[deg]30'W
longitude and modified the ``Gulf Of Mexico Bycatch Reduction Device
Testing Protocol Manual'' to reflect the specific bycatch reduction
criterion applicable for certification of bycatch reduction devices
used in this area of the Gulf EEZ. The intended effect of this final
rule was to reduce bycatch in the Gulf of Mexico shrimp fishery to the
extent practicable.
52. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment
13A. RIN 0648-AP03 (69 FR 15731, March 26, 2004). NMFS issued this
final rule to implement Amendment 13A to the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region. This
final rule extended the previous prohibitions on fishing for South
Atlantic snapper grouper in the experimental closed area and on
retaining such species in or from the area. The experimental closed
area included a portion of the Oculina Bank Habitat Area of Particular
Concern, which is in the exclusive economic zone in the Atlantic Ocean
off Ft. Pierce, FL. The intended effect was to continue the benefits of
the closed area--in particular, enhanced stock stability and increased
recruitment of South Atlantic snapper-grouper by providing an area
where deepwater snapper-grouper species can grow and reproduce without
being subjected to fishing mortality.
53. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Extension of Marine Reserves.
RIN 0648-AR66 (69 FR 24532, May 4, 2004). NMFS issued final regulations
to implement Amendment 21 to the Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico
Fishery Management Council. These final regulations modified the
fishing restrictions that apply within the Madison and Swanson sites
and Steamboat Lumps marine reserves in the eastern Gulf of Mexico, and
these final regulations extended the period of effectiveness of those
restrictions through June 16, 2010. The intended effect of these final
regulations was to protect the spawning aggregations of species within
these areas, prevent overfishing, and aid in the evaluation of the
effectiveness of marine reserves as a management.
54. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Dolphin and Wahoo Fishery Off the Atlantic States. RIN 0648-AO63 (69 FR
30235, May 27, 2004). NMFS issued this final rule to implement the
approved
[[Page 41737]]
measures of the Fishery Management Plan for the Dolphin and Wahoo
Fishery off the Atlantic States. For the dolphin and wahoo fishery in
the exclusive economic zone off the Atlantic states (Maine through the
east coast of Florida), this final rule required vessel owners to
obtain commercial vessel and charter vessel/headboat permits and, if
selected, submit reports; required operators of commercial vessels,
charter vessels, and headboats to obtain operator permits; required
dealers to obtain permits and, if selected, submit reports; established
bag limits and a minimum size limit (dolphin only); closed the longline
fisheries in areas closed to the use of such gear for highly migratory
pelagic species; prohibited sale without a commercial vessel permit;
specified allowable gear; and established a framework procedure by
which the South Atlantic Fishery Management Council could establish and
modify certain management measures in a timely manner. The Fishery
Management Plan also specified maximum sustainable yield, optimum
yield, the determinants of overfishing (maximum fishing mortality
threshold) and overfished (minimum stock size threshold), the
management unit, the fishing year, and essential fish habitat and
essential fish habitat habitat areas of particular concern. In
addition, NMFS informed the public of the approval by the Office of
Management and Budget of the collection-of-information requirements
contained in this final rule and publishes the Office of Management and
Budget control numbers for those collections. The intended effects were
to conserve and manage dolphin and wahoo and to ensure that no new
fisheries for dolphin and wahoo develop.
55. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Rebuilding Plan.
RIN 0648-AP95 (69 FR 33315, June 15, 2004). NMFS issued this final rule
to implement Secretarial Amendment 1 to the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico. Secretarial Amendment 1
was prepared by the Secretary of Commerce and the Gulf of Mexico
Fishery Management Council pursuant to the rebuilding requirements of
the Magnuson-Stevens Act. This final rule established a quota for red
grouper, provided for closure of the entire shallow-water grouper
fishery when either the shallow-water grouper quota or the red grouper
quota was reached, established a bag limit of two red grouper per
person per day, reduced the shallow-water grouper quota, reduced the
deep-water grouper quota, and established a quota for tilefishes. In
addition, for red grouper in the Gulf of Mexico, Secretarial Amendment
1 established a 10-year stock rebuilding plan, biological reference
points, and stock status determination criteria consistent with the
requirements of the Magnuson-Stevens Act. This final rule was designed
to end overfishing and rebuild the red grouper resource.
56. Fisheries off West Coast States and in the Western Pacific;
Coastal Pelagic Species Fishery; Regulatory Amendment. RIN 0648-AQ94
(68 FR 52523, September 4, 2003). NMFS issued a final rule to implement
a regulatory amendment to the Coastal Pelagic Species Fishery
Management Plan that changed the management subareas and the allocation
process for Pacific sardine. The purpose of this final rule was to
establish a more effective and efficient allocation process for Pacific
sardine and increase the possibility of achieving optimum yield.
57. Taking of Threatened or Endangered Species Incidental to
Commercial Fishing Operations. RIN 0648-AR53 (69 FR 11540, March 11,
2004). NMFS issued a final rule to prohibit shallow longline sets of
the type normally targeting swordfish on the high seas in the Pacific
Ocean east of 150[deg] W longitude by vessels managed under the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species. This action was intended to protect endangered and threatened
sea turtles from the adverse impacts of shallow longline fishing by
U.S. longline fishing vessels in the Pacific Ocean and operating out of
the west coast. This rule supplemented the regulations that implemented
the Fishery Management Plan that prohibited shallow longline sets on
the high seas in the Pacific Ocean west of 150[deg] W longitude by
vessels managed under that Fishery Management Plan. The Fishery
Management Plan was partially approved by NMFS on February 4, 2004.
Together, these two regulations are expected to conserve leatherback
and loggerhead sea turtles as required under the Endangered Species Act
(ESA).
58. Fisheries Off West Coast States and in the Western Pacific;
Highly Migratory Species Fisheries. RIN 0648-AP42. (69 FR 18444, April
7, 2004). NMFS published a final rule to implement the approved
portions of the Fishery Management Plan for U.S. West Coast Fisheries
for Highly Migratory Species. The intended effect of this final rule
was to establish Federal management of U.S. fisheries for Pacific
tunas, sharks, billfish, swordfish, and other highly migratory fish in
the surface hook and line, drift gillnet, harpoon, pelagic longline,
purse seine, and recreational fisheries in the U.S. exclusive economic
zone off the coasts of Washington, Oregon, and California and (for U.S.
vessels) in adjacent high seas waters. This final rule was issued to
prevent overfishing of the fish stocks to the extent practicable and
achieve optimum yield for the U.S. fisheries involved while minimizing
bycatch and protected species interactions consistent with the
Magnuson-Stevens Act and other applicable law. The final rule
implemented consistent management of these fisheries with respect to
the states, other fishery management councils, and international
agreements. The final rule was intended to promote the long-term
economic health of the fisheries.
59. International Fisheries Regulations; Pacific Tuna Fisheries.
RIN 0648-AQ22. (69 FR 31531, June 4, 2004). NMFS issued regulations to
implement the 1981 Treaty Between the Government of the United States
of America and the Government of Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges (Treaty) as authorized by recently passed
legislation. This final rule established vessel marking, recordkeeping,
and reporting requirements for U.S. albacore tuna fishing vessel
operators, as well as for vessel marking and reporting requirements for
Canadian albacore tuna fishing vessel operators fishing under the
Treaty. The intended effect of this final rule was to allow the United
States to carry out its obligations under the Treaty by limiting
fishing by both U.S. and Canadian vessels as provided for in the
Treaty.
60. Fisheries Off West Coast States and in the Western Pacific;
Coral Reef Ecosystems Fishery Management Plan for the Western Pacific.
RIN 0648-AM97. (69 FR 8336, February 24, 2004). NMFS published this
final rule to implement the Fishery Management Plan for Coral Reef
Ecosystems of the Western Pacific Region. The rule established a coral
reef ecosystem regulatory area, marine protected areas, permitting and
reporting requirements, no-anchoring zone, gear restrictions, and a
framework regulatory process. This rule also pertained to the other
four western Pacific fishery management plans with respect to fishing
activities in the U.S. exclusive economic zone of the western Pacific
region and implemented Amendment 10 to the Fishery Management Plan for
the Pelagic Fisheries of the Western Pacific Region, Amendment 11 to
the Fishery Management Plan for the Crustacean
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Fisheries of the Western Pacific Region, Amendment 7 to the Fishery
Management Plan for the Bottomfish and Seamount Groundfish Fisheries of
the Western Pacific Region, and Amendment 5 to the Fishery Management
Plan for the Precious Coral Fisheries of the Western Pacific Region.
61. Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Pelagic Fisheries; Pelagic Longline Fishing
Restrictions, Seasonal Area Closure, Limit on Swordfish Fishing Effort,
Gear Restrictions, and Other Sea Turtle Take Mitigation Measures. RIN
0648-AR84. (69 FR 17329, April 2, 2004). NMFS approved a regulatory
amendment under the Fishery Management Plan for the Pelagic Fisheries
of the Western Pacific Region submitted by the Western Pacific Fishery
Management Council and issued this final rule to establish a number of
conservation and management measures for the fisheries managed under
the Fishery Management Plan. This final rule was intended to achieve
certain objectives of the Fishery Management Plan, including achieving
optimum yield for managed species while avoiding the likelihood of
jeopardizing the continued existence of any species listed as
endangered or threatened under the Endangered Species Act. This final
rule eliminated a seasonal closure for longline fishing in an area
south of the Hawaiian Islands and reopened the swordfish-directed
component of the Hawaii-based longline fishery. In order to minimize
adverse impacts on sea turtles, the swordfish component of the Hawaii-
based longline fishery was subjected to restrictions on the types of
hooks and bait that may be used, annual fleet-wide limits on fishery
interactions with leatherback and loggerhead sea turtles, an annual
fleet-wide limit on fishing effort, and other mitigation measures.
62. Atlantic Highly Migratory Species; Incidental Catch
Requirements of Bluefin Tuna. RIN 0648-AO75. (68 FR 32414, May 30,
2003). NMFS amended regulations under the framework provisions of the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks
governing the Atlantic bluefin tuna fishery as they affected landing of
Atlantic bluefin tuna in the Atlantic pelagic longline fishery. The
intent of this action was to minimize dead discards of Atlantic bluefin
tuna and improve management of the Atlantic pelagic longline fishery,
while complying with the National Standards of the Magnuson-Stevens Act
and allowing harvest consistent with recommendations of the
International Commission for the Conservation of Atlantic Tunas.
63. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota
Specification, General Category Effort Controls, and Permit Revisions.
RIN 0648-AQ38. (68 FR 56783, October 2, 2003). NMFS announced the final
initial 2003 fishing year specifications for the Atlantic bluefin tuna
fishery to set Atlantic bluefin tuna quotas for each of the established
fishing categories; to set General category effort controls; to
allocate 25 metric tons (mt) of Atlantic bluefin tuna to account for
incidental catch of Atlantic bluefin tuna by pelagic longline vessels
``in the vicinity of the management boundary area;'' to define the
management boundary area and applicable restrictions; and to revise
permit requirements to allow General registered recreational Highly
Migratory Species (HMS) fishing tournaments and to allow permit
applicants a 10-calendar-day period to make permit category changes to
correct potential errors. The final initial quota specifications,
including the quota allocation to account for incidental catch of
Atlantic bluefin tuna by pelagic longline vessels in the vicinity of
the management boundary area and the General category effort controls,
were necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas, pursuant to the
Atlantic Tunas Convention Act, and to achieve domestic management
objectives under the Magnuson-Stevens Act. The definition of the
management boundary area was to assist management, monitoring, and
enforcement of the 25 mt allocated to the Longline category. The permit
revisions to allow General category permitted vessels to participate in
registered recreational HMS fishing tournaments and to allow a time
period for permit category changes were intended to relieve
restrictions and help achieve domestic management objectives.
64. Atlantic Highly Migratory Species; Atlantic Shark Management
Measures. RIN 0648-AQ95. (68 FR 74746, December 24, 2003). This final
rule was necessary to ensure that shark regulations were based on the
results of the 2002 stock assessments for large coastal sharks (LCS)
and small coastal sharks (SCS). The results of these stock assessments
indicated that the LCS complex continued to be overfished, and
overfishing was occurring; that sandbar sharks were not overfished, but
overfishing was occurring; that blacktip sharks were rebuilt and
healthy; that the SCS complex was healthy; and that finetooth sharks
were not overfished, but overfishing was occurring. Based on these
results, NMFS revised the rebuilding timeframe for LCS to 26 years from
2004; changed some of the commercial regulations; changed some of the
recreational regulations; implemented measures to reduce bycatch and
bycatch mortality, including a time/area closure; removed the
deepwater/other sharks from the management unit; established criteria
regarding adding or removing sharks from the prohibited species group;
and established a display permit for fishermen who wish to harvest
highly migratory species for public display. NMFS also updated
essential fish habitat identifications for sandbar, blacktip,
finetooth, dusky, and nurse sharks. NMFS also notified eligible
participants of the opening and closing dates for the Atlantic large
coastal, small coastal, and pelagic shark fishing seasons.
65. Atlantic Highly Migratory Species; Bluefin Tuna Season and Size
Limit Adjustments. RIN 0648-AR12. (68 FR 74504, December 24, 2003).
Under the framework provisions of the Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks governing the Atlantic bluefin
tuna fishery, NMFS amended the regulations regarding the opening date
of the Purse seine category, closure dates of the Harpoon and General
categories, and size tolerances of large-medium Atlantic bluefin tuna
for the Purse seine and Harpoon categories. The intent of this final
rule was to further achieve domestic management objectives under the
HMS Fishery Management Plan and Magnuson-Stevens Act and to implement
recommendations of the International Commission for the Conservation of
Atlantic Tunas pursuant to the Atlantic Tunas Convention Act.
66. Atlantic Highly Migratory Species (HMS); Pelagic Longline
Fishery. RIN 0648-AR80. (69 FR 40734, July 6, 2004). This final rule
implemented new sea turtle bycatch and bycatch mortality mitigation
measures for all Atlantic vessels that have pelagic longline (PLL) gear
onboard and that have been issued, or are required to have, Federal HMS
limited access permits, consistent with the requirements of the
Endangered Species Act, the Magnuson-Stevens Act, and other domestic
laws. These measures included mandatory circle hook and bait
requirements, and mandatory possession and use of sea turtle release
equipment to reduce bycatch mortality. This final rule also allowed
vessels with pelagic longline gear onboard that have been issued, or
are required to have, Federal HMS
[[Page 41739]]
limited access permits to fish in the Northeast Distant Closed Area, if
they possess and/or use certain circle hooks and baits, sea turtle
release equipment, and comply with specified sea turtle handling and
release protocols.
67. International Fisheries; Atlantic Highly Migratory Species. RIN
0648-AQ37. (69 FR 67268, November 17, 2004). This final rule
implemented international trade tracking recommendations of the
International Commission for the Conservation of Atlantic Tunas and the
Inter-American Tropical Tuna Commission for bluefin tuna, swordfish,
and frozen bigeye tuna, regardless of ocean area of origin. Trade
monitoring requirements for species covered under the recommendations
and for southern bluefin tuna were established by this rule, including:
A highly migratory species international trade permit; statistical
documents and re-export certificates; and recordkeeping, reporting, and
inspection requirements.
68. Atlantic Highly Migratory Species; Atlantic Commercial Shark
Management Measures. RIN 0648-AS08. (69 FR 69537, November 30, 2004).
This final rule adjusted the regional quotas and established new
trimester season quotas for large coastal sharks and small coastal
sharks based on updated landings information. This final rule included
a framework mechanism for the annual adjustment of quotas, a method of
accounting for over- or under harvests in the transition from semi-
annual to trimester seasons, and a new process for notifying
participants of season opening and closing dates and quotas. This final
rule also announced the opening and closing dates for the large coastal
sharks fishery based on adjustments to the regional and trimester
quotas. This action was necessary to ensure that the landings quotas in
the Atlantic commercial shark fishery represent the latest landings
data and accurately reflected historic fishing effort.
69. Atlantic Highly Migratory Species; Atlantic Trade Restrictive
Measures. RIN 0648-AR10. (69 FR 70396, December 6, 2004). NMFS adjusted
the regulations governing the trade of species regulated by the
International Commission for the Conservation of Atlantic Tunas (ICCAT)
in the North and South Atlantic Ocean to implement recommendations
adopted at the 2002 and 2003 meetings of ICCAT. This final rule lifted
or implemented import prohibitions for bigeye tuna, bluefin tuna, and
swordfish on Honduras, St. Vincent and the Grenadines, Belize, Sierra
Leone, Bolivia, and Georgia. This rule also prohibited imports from
vessels on the ICCAT illegal, unreported, and unregulated fishing list
and from vessels that are not listed on ICCAT's record of vessels that
are authorized to fish in the Convention Area. Additionally, this rule
required issuance of a chartering permit before a vessel begins fishing
under a chartering arrangement.
70. Atlantic Coastal Fisheries Cooperative Management Act
Provisions; Weakfish Fishery. RIN 0648-AR11. (68 FR 56789, October 2,
2003). NMFS issued this final rule to increase the incidental catch
allowance for weakfish caught in the exclusive economic zone from 150
lb (67 kg) to no more than 300 lb (135 kg) per day or trip, whichever
was longer in duration; to remove Connecticut from the list of states
where commercially caught weakfish from the exclusive economic zone can
be landed; and to add to NMFS' regulations the Director, Office of
Sustainable Fisheries, as an official who can grant Exempted Fishing
Permits. The intent of this final rule was to modify regulations for
the Atlantic coast stock of weakfish to promote the effectiveness of
the Atlantic States Marine Fisheries Commission's Interstate Fishery
Management Plan for weakfish.
71. Fishing Capacity Reduction Program for the Crab Species Covered
by the Fishery Management Plan for the Bering Sea/Aleutian Islands King
and Tanner Crabs. RIN 0648-AP25. (68 FR 69331, December 12, 2003). This
final rule established a fishing capacity reduction program in the
fishery for the crab species managed under the Bering Sea/Aleutian
Islands King and Tanner Crabs Fishery Management Plan. The program
reduced excess capacity and promoted economic efficiency in the crab
fishery. It was authorized under both special legislation and existing
NMFS regulations governing fishing capacity reduction programs. Its
objectives included: Increasing harvesting productivity for crab
fishermen who remain after capacity reduction, helping conserve and
manage fishery resources, and encouraging harvesting effort
rationalization. Program participation was voluntary. Under the
program, NMFS paid participants for withdrawing vessels from fishing,
relinquishing fishing licenses, and surrendering fishing histories.
NMFS financed the program's $100 million cost with a 30-year loan to be
repaid by post-reduction fishermen.
72. Antartic Marine Living Resources; CCAMLR Ecosystem Monitoring
Permits; Vessel Monitoring System; Catch Documentation Scheme; Fishing
Season; Registered Agent; and Disposition of Seized AMLR. RIN 0648-
AP74. (68 FR 23224, May 1, 2003). NMFS issued this final rule to:
Lengthen the duration of the permit required to enter a Commission for
the Conservation of Antarctic Marine Living Resources (CCAMLR)
Ecosystem Monitoring Program (CEMP) site from 1 year to up to 5 years;
define the CCAMLR fishing season and require the use of an automated
satellite-linked vessel monitoring system for U.S. vessels harvesting
Antarctic marine living resources (AMLR) in the area of the Convention
on the Conservation of Antarctic Marine Living Resources (Convention);
require foreign entities to designate and maintain a registered agent
within the United States; prohibit the import of Dissostichus species
(toothfish) identified as originating from certain high seas areas
outside the Convention Area; incorporate into the Code of Federal
Regulations the prohibition on the import of toothfish issued a
Specially Validated Dissostichus Catch Document; and institute a
preapproval system for U.S. receivers and importers of Dissostichus
eleginoides (Patagonian toothfish) and Dissostichus mawsoni (Antarctic
toothfish). This final rule was intended to implement U.S. obligations
as a Member of CCAMLR and to conserve Antarctic and Patagonian
toothfish by preventing and discouraging unlawful harvest and trade in
these species and streamlining the administration of the Dissostichus
Catch Document scheme.
73. Endangered and Threatened Wildlife; Sea Turtle Conservation
Requirements. RIN 0648-AN62. (68 FR 8456, February 21, 2003). NMFS
amended the turtle excluder device (TED) regulations to enhance their
effectiveness in reducing sea turtle mortality resulting from trawling
in the southeastern United States. NMFS determined that: Some
previously approved TED designs did not adequately exclude leatherback
turtles and large, immature and sexually mature loggerhead and green
turtles; several approved TED designs were structurally weak and did
not function properly under normal fishing conditions; and
modifications to the trynet and bait shrimp exemptions to the TED
requirements were necessary to decrease lethal take of sea turtles.
These amendments were necessary to protect endangered and threatened
sea turtles in the Atlantic Area (all waters of the Atlantic Ocean
south of the North Carolina/Virginia border and adjacent seas, other
than the Gulf Area, and all waters shoreward thereof) and Gulf Area
(all waters of the Gulf of Mexico west of
[[Page 41740]]
81[deg] W longitude and all waters shoreward thereof).
74. Taking of Threatened or Endangered Species Incidental to
Commercial Fishing Operations. RIN 0648-AQ13. (68 FR 69962, December
16, 2003). NMFS issued a final rule prohibiting fishing with drift
gillnets in the California/Oregon (CA/OR) thresher shark/swordfish
drift gillnet fishery in U.S. waters off southern California in waters
east of the 120[deg] W, for the months of June, July, and August, when
the Assistant Administrator for Fisheries publishes a notice that El
Nino conditions are forecasted or present off southern California. NMFS
has determined that the incidental take of loggerhead sea turtles by
this fishery correlates to the area and season being fished during
these oceanographic conditions. The intent of this regulation was to
reduce the take of loggerhead turtles by the fishery and reduce the
likelihood of the CA/OR drift gillnet fishery jeopardizing the
continued existence of the loggerhead turtle population.
75. Taking of Threatened or Endangered Species Incidental to
Commercial Fishing Operations. RIN 0648-AR53. (69 FR 11540, March 11,
2004). NMFS issued a final rule to prohibit shallow longline sets of
the type normally targeting swordfish on the high seas in the Pacific
Ocean east of 150[deg] W longitude by vessels managed under the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species (FMP). This action was intended to protect endangered and
threatened sea turtles from the adverse impacts of shallow longline
fishing by U.S. longline fishing vessels in the Pacific Ocean and
operating out of the west coast. This rule supplemented the regulations
that implemented the FMP that prohibit shallow longline sets on the
high seas in the Pacific Ocean west of 150[deg] W longitude by vessels
managed under that FMP. The FMP was partially approved by NMFS on
February 4, 2004. Together, these two regulations were expected to
conserve leatherback and loggerhead sea turtles as required under the
Endangered Species Act.
76. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations. RIN
0648-AQ04. (68 FR 51195, August 26, 2003). NMFS issued this final rule
to amend the regulations that implement the Atlantic Large Whale Take
Reduction Plan to identify gear modifications that sufficiently reduce
the risk of entanglement to western North Atlantic right whales under
the dynamic area management program and, as such, allowed NMFS to
utilize the option of allowing gear with certain modifications within a
dynamic area management zone. Specifically, NMFS identified anchored
gillnet and lobster trap/pot gear modifications that could be allowed
within a dynamic area management zone. This final rule included a
provision to correct and clarify the regulations implementing the
seasonal area management program with respect to lobster trap gear in
northern inshore state lobster waters and northern nearshore lobster
waters that overlap with a seasonal area management area.
Dated: July 10, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-17257 Filed 7-13-12; 8:45 am]
BILLING CODE 3510-22-P