[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37186-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14759]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Chapters II, III, IV, V, and VI
RIN 0648-XC637
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 July 22, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0160, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0160, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
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
[[Page 37187]]
(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.
SUPPLEMENTARY INFORMATION:
Background
The Regulatory Flexibility Act (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 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, 2013, NMFS will review all such rules issued
during 2005 and 2006:
1. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources.
RIN 0648-AS47 (70 FR 10174, March 2, 2005). NMFS issued a final rule
implementing Amendments 18 and 19 to the FMP for Bering Sea/Aleutian
Islands King and Tanner Crabs. Amendments 18 and 19 amended the FMP to
include the Voluntary Three-Pie Cooperative Program (hereinafter
referred to as the Crab Rationalization Program). Congress amended the
Magnuson-Stevens Act to require the Secretary of Commerce to approve
and implement the Program. The action was necessary to increase
resource conservation, improve economic efficiency, and improve safety.
This action was intended to promote the goals and objectives of the
Magnuson-Stevens Act, the FMP, and other applicable law.
2. Fisheries of the Exclusive Economic Zone Off Alaska; Revisions
to Western Alaska Community Development Quota Program. RIN 0648-AS00
(70 FR 15010, March 24, 2005). NMFS issued a final rule to revise
regulations governing the Western Alaska Community Development Quota
Program. These regulatory amendments simplified the processes for
making quota transfers, for authorizing vessels as eligible to
participate in the Community Development Quota fisheries, and for
obtaining approval of alternative fishing plans. This action was
necessary to improve NMFS's ability to effectively administer the
Community Development Quota Program. It was intended to further the
goals and objectives of the FMP for Groundfish of the Bering Sea and
Aleutian Islands Management Area.
3. Pacific Halibut Fisheries; Subsistence Fishing. RIN 0648-AR88
(70 FR 16742, April 1, 2005). NMFS issued a final rule to amend the
subsistence fishery rules for Pacific halibut in waters off Alaska.
This action was necessary to address subsistence halibut management
concerns in densely populated areas. This action was intended to meet
the conservation and management requirements of the Northern Pacific
Halibut Act of 1982 and the Magnuson-Stevens Act.
4. Fisheries of the Exclusive Economic Zone Off Alaska; License
Limitation Program for the Scallop Fishery. RIN 0648-AS90 (70 FR 39664,
July 11, 2005). NMFS issued a final rule to implement Amendment 10 to
the FMP for the Scallop Fishery off Alaska, which modified the gear
endorsements under the License Limitation Program for the scallop
fishery. This action was necessary to allow increased participation by
License Limitation Program license holders in the scallop fisheries off
Alaska. This action was intended to promote the goals and objectives of
the Magnuson-Stevens Act, the FMP, and other applicable laws.
5. Pacific Halibut Fisheries; Fisheries of the Exclusive Economic
Zone Off Alaska; Individual Fishing Quota Program; Community
Development Quota Program. RIN 0648-AT03 (70 FR 43328, July 27, 2005).
NMFS issued a final rule to amend the Pacific halibut regulations for
waters in and off Alaska. This action was necessary to modify the
Individual Fishing Quota (IFQ) Program and the Western Alaska Community
Development Quota (CDQ) Program to allow quota share holders in
International Pacific Halibut Commission Regulatory Area 4C to fish
their Area 4C IFQ or CDQ in Area 4D. This action was intended to
enhance harvesting opportunities for halibut by IFQ and CDQ fishermen
and was necessary to promote the objectives of the Northern Pacific
Halibut Act of 1982 with respect to the IFQ and CDQ Pacific halibut
fisheries, consistent with the regulations and resource management
objectives of the International Pacific Halibut Commission and the
North Pacific Fishery Management Council.
6. Magnuson-Stevens Act Provisions; Fishing Capacity Reduction
Program; Bering Sea/Aleutian Islands King and Tanner Crabs; Industry
Fee System for Fishing Capacity Reduction Loan. RIN 0648-AS46 (70 FR
54652, September 16, 2005). NMFS established regulations to implement
an industry fee system for repaying a $97,399,357.11 Federal loan
financing a fishing capacity reduction
[[Page 37188]]
program in the Bering Sea/Aleutian Islands King and Tanner Crab
fishery. This action was necessary for implementing the fee system.
7. Fisheries of the Exclusive Economic Zone Off Alaska; Total
Allowable Catch Amount for ``Other Species'' in the Groundfish
Fisheries of the Gulf of Alaska. RIN 0648-AT92 (71 FR 12626, March 13,
2006). NMFS issued a final rule that implements Amendment 69 to the FMP
for Groundfish of the Gulf of Alaska. Amendment 69 amended the manner
in which the total allowable catch for the ``other species'' complex
was annually determined in the Gulf of Alaska. The amendment allowed
the total allowable catch amount for the ``other species'' complex to
be set less than or equal to 5 percent of the sum of groundfish targets
species in the Gulf of Alaska. This final rule also raised the maximum
retainable amount of ``other species'' in the directed arrowtooth
flounder fishery from 0 percent to 20 percent. This action was
necessary to reduce the potential for overfishing those species in the
``other species'' complex in the Gulf of Alaska and to reduce the
amount of ``other species'' required to be discarded in the arrowtooth
flounder fishery. This action was intended to promote the goals and
objectives of the Magnuson-Stevens Act, the FMP, and other applicable
laws.
8. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Retention Standard. RIN 0648-AT04 (71 FR 17362, April 6, 2006). NMFS
issued a final rule to implement a groundfish retention standard
program in the Bering Sea and Aleutian Islands Management Area for
trawl catcher/processor vessels that are 125 ft (38.1 m) length overall
or greater and that are not listed American Fisheries Act catcher/
processors vessels. This action was necessary to reduce bycatch and
improve utilization of groundfish harvested by these non-American
Fisheries Act trawl catcher/processor vessels. This action was intended
to promote the management objectives of the Improved Retention/Improved
Utilization program, the FMP for Groundfish of the Bering Sea and
Aleutian Islands Management Area, and the Magnuson-Stevens Act.
9. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Observer Program. RIN 0648-AS93 (71 FR 20346, April 20, 2006). NMFS
issued a final rule to amend regulations supporting the North Pacific
Groundfish Observer Program. This action was necessary to revise
requirements facilitating observer data transmission, improve support
for observers, and provide consistency with current regulations. The
final rule promoted the goals and objectives of the FMP for Groundfish
of the Bering Sea and Aleutian Islands Management Area and the FMP for
Groundfish of the Gulf of Alaska.
10. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources.
RIN 0648-AU06 (71 FR 32862, June 7, 2006). NMFS issued a final rule
implementing Amendment 20 to the FMP for Bering Sea/Aleutian Islands
King and Tanner crabs. This action amends the Crab Rationalization
Program to modify the allocation of harvesting shares and processing
shares for Bering Sea Tanner crab (Chionoecetes bairdi) to allow this
species to be managed as two separate stocks. This action was necessary
to increase resource conservation and economic efficiency in the crab
fisheries that were subject to the Program. This action was intended to
promote the goals and objectives of the Magnuson-Stevens Act, the FMP,
and other applicable law.
11. Fisheries of the Exclusive Economic Zone Off Alaska;
Recordkeeping and Reporting; Tagged Pacific Halibut and Tagged
Sablefish. RIN 0648-AR09 (71 FR 36489, June 27, 2006). NMFS issued a
final rule to exclude tagged halibut and tagged sablefish catches from
deduction from fishermen's Individual Fishing Quota (IFQ) and from
Western Alaska Community Development Quota (CDQ) accounts. This action
was necessary to ensure that only halibut and sablefish that are tagged
with an external research tag are excluded from IFQ deduction, and to
extend the same exclusion to halibut and sablefish harvested under the
CDQ Program. This action was intended to improve administration of the
IFQ and CDQ Programs, to enhance collection of scientific data from
external tags, and to further the goals and objectives of the FMP for
Groundfish of the Bering Sea and Aleutian Islands Management Area, the
FMP for Groundfish of the Gulf of Alaska, and the halibut management
program.
12. Fisheries of the Exclusive Economic Zone Off Alaska;
Groundfish, Crab, Salmon, and Scallop Fisheries of the Bering Sea and
Aleutian Islands Management Area and Gulf of Alaska. RIN 0648-AT09 (71
FR 36694, June 28, 2006). NMFS issued a final rule implementing
Amendments 78 and 65 to the FMP for Groundfish of the Bering Sea and
Aleutian Islands Management Area, Amendments 73 and 65 to the FMP for
Groundfish of the Gulf of Alaska, Amendments 16 and 12 to the FMP for
Bering Sea/Aleutian Islands King and Tanner Crabs, Amendments 7 and 9
to the FMP for the Scallop Fishery off Alaska, and Amendments 7 and 8
to the FMP for Salmon Fisheries in the Exclusive Economic Zone off the
Coast of Alaska. These amendments revised the FMPs by identifying and
describing essential fish habitat, designating habitat areas of
particular concern, and included measures to minimize to the extent
practicable adverse effects on essential fish habitat. This action was
necessary to protect important habitat features to sustain managed fish
stocks.
13. Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands King and Tanner Crab Fishery Resources; Crab
Economic Data Reports. RIN 0648-AU44 (71 FR 38112, July 5, 2006). NMFS
issued a final rule to implement revision of the annual economic data
reports submission deadline from May 1 to June 28. This action was
necessary to provide adequate time for crab harvesters and processors
participating in the Bering Sea and Aleutian Islands Crab
Rationalization Program to submit accurate and complete data on an
economic data report for the previous fishing year. This action was
intended to promote the goals and objectives of the Magnuson-Stevens
Act.
14. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources.
RIN 0648-AU24 (71 FR 38298, July 6, 2006). NMFS issued a final rule
implementing changes to the regulations for the Crab Rationalization
Program. This action was necessary to correct two discrepancies in the
scope of the sideboard protections for Gulf of Alaska groundfish
fisheries provided in a previous rulemaking. Specifically, this action
removed the sideboard restrictions from vessels that did not generate
Bering Sea snow crab (Chionoecetes opilio) quota share and applied the
sideboards to federally permitted vessels operating in the State of
Alaska parallel fisheries. This action was intended to promote the
goals and objectives of the FMP for Bering Sea/Aleutian Islands King
and Tanner Crabs, the Magnuson-Stevens Act, and other applicable law.
15. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources.
RIN 0648-AU37 (71 FR 40030, July 14, 2006). NMFS issued a final rule to
implement Amendment 21 to the FMP for Bering Sea/Aleutian Islands King
and Tanner Crabs. This action made
[[Page 37189]]
changes to the arbitration system in the Bering Sea and Aleutian
Islands Crab Rationalization Program by modifying the timing for
harvesters and processors to match harvesting and processing shares,
and the timing for initiating arbitration proceedings to resolve price
and other delivery disputes. This action was necessary to increase
resource conservation and economic efficiency in the crab fisheries
that are subject to the Crab Rationalization Program. This action was
intended to promote the goals and objectives of the Magnuson-Stevens
Act, the FMP, and other applicable law.
16. Fishing Capacity Reduction Program for the Longline Catcher
Processor Subsector of the Bering Sea and Aleutian Islands Non-pollock
Groundfish Fishery. RIN 0648-AU42 (71 FR 57696, September 29, 2006).
NMFS issued a final rule implementing the Bering Sea and Aleutian
Islands Catcher Processor Capacity Reduction Program for the longline
catcher processor subsector of the Bering Sea and Aleutian Islands non-
pollock groundfish fishery, in compliance with the FY 2005
Appropriations Act. This program was voluntary and permit holders of
the Reduction Fishery (Subsector Members) were eligible to participate.
Subsector Members were required to sign and abide by the Capacity
Reduction Agreement and, if their offers were selected, a Fishing
Capacity Reduction Contract with the U.S. Government. These key
components of the Capacity Reduction Plan were prepared by the Freezer
Longline Conservation Cooperative and were implemented by the final
regulations. Subsector Members participating in the Reduction Program
received up to $36 million in exchange for relinquishing valid non-
interim Federal License Limitation Program BSAI groundfish licenses
endorsed for catcher processor fishing activity, Catcher/Processor,
Pacific cod, and hook and line gear, as well as any present or future
claims of eligibility for any fishing privilege based on such permit
and additionally, any future fishing privilege of the vessel named on
the permit. Individual fishing quota shares were excluded from
relinquishment. The intent of this final rule was to permanently reduce
harvesting capacity in the fishery, which should result in increased
harvesting productivity for postreduction Subsector Members and help
with conservation and management of the fishery.
17. Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Gulf of Alaska Fishery Resources. RIN 0648-AT71 (71 FR 67210, November
20, 2006). NMFS issued a final rule to implement Amendment 68 to the
FMP for Groundfish of the Gulf of Alaska. This action implemented
statutory provisions for the Central Gulf of Alaska Rockfish Pilot
Program. This action was necessary to enhance resource conservation and
improve economic efficiency for harvesters and processors who
participate in the Central Gulf of Alaska rockfish fishery. This action
was intended to promote the goals and objectives of the Magnuson-
Stevens Act, the FMP, and other applicable law.
18. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quota
Specifications, General Category Effort Controls, and Catch-and-Release
Provision. RIN 0648-AR86 (70 FR 10896, March 7, 2005). NMFS announced
the final initial 2004 fishing year specifications for the Atlantic
bluefin tuna fishery to set bluefin tuna quotas for each of the
established domestic fishing categories, to set General category effort
controls, and to establish a catch-and-release provision for
recreational and commercial bluefin tuna handgear vessels during a
respective quota category closure. This action was necessary to
implement recommendations of the International Commission for the
Conservation of Atlantic Tunas, as required by the Atlantic Tunas
Convention Act, and to achieve domestic management objectives under the
Magnuson-Stevens Act.
19. Atlantic Highly Migratory Species; Recreational Atlantic Blue
and White Marlin Landings Limit; Amendments to the FMP for Atlantic
Tunas, Swordfish, and Sharks and the FMP for Atlantic Billfish. RIN
0648-AQ65 (71 FR 58058, October 2, 2006). NMFS finalized the
Consolidated Highly Migratory Species FMP, which changed certain
management measures, adjusted regulatory framework measures, and
continued the process for updating Highly Migratory Species essential
fish habitat. The final rule: Established mandatory workshops for
commercial fishermen and shark dealers; implemented complementary time/
area closures in the Gulf of Mexico; implemented criteria for adding
new or modifying existing time/area closures; addressed rebuilding and
overfishing of northern albacore tuna and finetooth sharks; implemented
recreational management measures for Atlantic billfish; modified
bluefin tuna General Category subperiod quotas and simplified the
management process of bluefin tuna; changed the fishing year for tunas,
swordfish, and billfish to a calendar year; authorized speargun fishing
gear in the recreational fishery for bigeye, albacore, yellowfin, and
skipjack tunas; authorized buoy gear in the commercial swordfish
handgear fishery; clarified the allowance of secondary gears (also
known as cockpit gears); and clarified existing regulations. This final
rule also announced the decision regarding a petition for rulemaking
regarding closure areas for spawning bluefin tuna in the Gulf of
Mexico. The Consolidated Highly Migratory Species FMP combines the
management of all Atlantic HMS into one FMP, and combines and
simplifies the objectives of the previous FMPs.
20. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder
Specifications; 2005 Scup and Black Sea Bass Specifications. RIN 0648-
AR51 (70 FR 303, January 4, 2005). NMFS issued final specifications for
the 2005 and 2006 summer flounder fisheries and for the 2005 scup and
black sea bass fisheries, and made preliminary adjustments to the 2005
commercial quotas for these fisheries. This final rule specified
allowed harvest limits for both commercial and recreational fisheries,
including scup possession limits. This action prohibited federally
permitted commercial vessels from landing summer flounder in Delaware
in 2005. Regulations governing the summer flounder fishery required
publication of this notification to advise the State of Delaware,
Federal vessel permit holders, and Federal dealer permit holders that
no commercial quota was available for landing summer flounder in
Delaware in 2005. This action also made changes to the regulations
regarding the commercial scup fishery. The intent of this action was to
establish allowed 2005 harvest levels and other measures to attain the
target fishing mortality or exploitation rates, as specified for these
species in the Summer Flounder, Scup, and Black Sea Bass FMP, and to
reduce bycatch and improve the efficiency of the commercial scup
fishery.
21. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery and Northeast Multispecies Fishery; Framework 16 and
Framework 39. RIN 0648-AR55 (70 FR 2821, January 18, 2005). NMFS
published this final rule to implement measures previously approved,
but not implemented under Framework 16 to the Atlantic Sea Scallop FMP
and Framework 39 to the Northeast Multispecies FMP. The implementation
of these measures was delayed, pending approval of reporting and
recordkeeping requirements by the Office of Management and Budget. This
final rule
[[Page 37190]]
allowed general category scallop vessels to fish in the Northeast
multispecies closed area access program, provided that they complied
with new recordkeeping and reporting requirements. The Office of
Management and Budget approved the reporting and recordkeeping
requirements for vessels with general category scallop permits, as
required under the Paperwork Reduction Act. The intent of these
frameworks was to allow the scallop fishery to access the scallop
resource within portions of the NE multispecies closed areas during
specified seasons, and ensure that NE multispecies catches by scallop
vessels are consistent with the Multispecies FMP.
22. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Monkfish
Fishery; Amendment 2. RIN 0648-AQ25 (70 FR 21927, April 28, 2005). NMFS
implemented approved measures contained in Amendment 2 to the Monkfish
FMP. Amendment 2 was developed to address essential fish habitat and
bycatch issues, and to revise the FMP to address several issues raised
during the public scoping process. This rule implemented the following
measures: A new limited access permit for qualified vessels fishing
south of 38[deg]20' N. lat.; an offshore monkfish fishery in the
Southern Fishery Management Area; a maximum roller-gear disc diameter
of 6 inches (15.2 cm) for trawl gear vessels fishing in the Southern
Fishery Management Area; closure of two deep-sea canyon areas to all
gears when fishing under the monkfish days-at-sea program;
establishment of a research days-at-sea set-aside program and a days-
at-sea exemption program; a North Atlantic Fisheries Organization
Regulated Area Exemption Program; adjustments to the monkfish
incidental catch limits; a decrease in the monkfish minimum size in the
Southern Fishery Management Area; removal of the 20-day block
requirement; and new additions to the list of actions that can be taken
under the framework adjustment process contained in the FMP. The intent
of this action was to provide efficient management of the monkfish
fishery and to meet conservation objectives. 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.
23. Fisheries of the Northeastern United States; Recordkeeping and
Reporting Requirements; Regulatory Amendment to Modify Seafood Dealer
Reporting Requirements. RIN 0648-AS87 (70 FR 21976, April 28, 2005).
NMFS issued this final rule to amend the electronic reporting and
recordkeeping regulations for federally permitted seafood dealers
participating in the fisheries associated with the following FMPs:
Summer flounder, scup, black sea bass, Atlantic sea scallop, Northeast
multispecies, monkfish, Atlantic mackerel, squid, butterfish, Atlantic
surfclam, ocean quahog, Atlantic herring, Atlantic deep-sea red crab,
tilefish, Atlantic bluefish, skate, and/or spiny dogfish fisheries.
This action reduced the submission schedule for dealer reports from
daily to weekly, eliminated duplicate reporting of certain species, and
clarified existing reporting requirements. This action also allowed
vessel operator permits issued by the Southeast Region to satisfy
Northeast vessel operator permitting requirements. The purpose of this
action was to reduce the reporting burden on seafood dealers, improve
data quality, simplify compliance, and clarify existing requirements.
24. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 40B. RIN 0648-AS33 (70 FR
31323, June 1, 2005). Framework Adjustment 40B was developed by the New
England Fishery Management Council to complete necessary modifications
to existing effort control programs implemented under Amendment 13 to
the Northeast Multispecies FMP. The intent of the rule was to improve
the effectiveness of these programs, to create additional opportunities
for commercial fishing vessels in the fishery to target healthy
groundfish stocks, and to increase the information available to assess
groundfish bycatch in the herring fishery. This final rule implemented
several revisions to the Days-at-Sea Leasing and Transfer Programs,
modified provisions for the Closed Area II Yellowtail Flounder Special
Access Program, revised the allocation criteria for the Georges Bank
Cod Hook Sector, established a Days-at-Sea credit for vessels standing
by an entangled whale, implemented new notification requirements for
Category 1 herring vessels, and removed the net limit for Trip gillnet
vessels.
25. Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery; Framework Adjustment 1 to the Atlantic Deep-Sea Red
Crab FMP. RIN 0648-AS35 (70 FR 44066, August 1, 2005). NMFS issued
final regulations to implement Framework Adjustment 1 to the Atlantic
Deep-Sea Red Crab FMP. This final rule modified the existing annual
review and specification process by allowing specifications to be set
for up to 3 years at a time, and continued the current target total
allowable catch. The purpose of this action is to conserve and manage
the red crab resource, reduce the staff resources necessary to
effectively manage this fishery, and provide consistency and
predictability to the industry.
26. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Framework Adjustment 17. RIN 0648-AT10 (70 FR 48860,
August 22, 2005). This final rule implemented Framework 17 to the
Atlantic Sea Scallop FMP, which was developed and submitted by the New
England Fishery Management Council and approved by NMFS. Framework 17
required that vessels issued a general category scallop permit and that
intended to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of
in-shell scallops, install and operate vessel monitoring systems.
Framework 17 also allowed general category scallop vessels with vessel
monitoring systems units to turn off (powerdown) their vessel
monitoring systems units after they had offloaded scallops and while
they were tied to a fixed dock or mooring. Finally, Framework 17
revised the broken trip adjustment provision for limited access scallop
vessels fishing in the Sea Scallop Area Access Program. The intent of
this action was to provide more complete monitoring of the general
category scallop fleet, to reduce vessel monitoring systems operating
costs, and to eliminate a provision that may have a negative influence
on vessel operator decisions at sea and facilitate safety.
27. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 41. RIN 0648-AT08 (70 FR
54302, September 14, 2005). This final rule implemented Framework
Adjustment 41 to the Northeast Multispecies FMP, which expanded
participation in the existing Closed Area I Hook Gear Haddock Special
Access Program to all Northeast multispecies limited access days-at-sea
vessels fishing with hook gear. This action also modified some of the
management measures currently applicable to the Georges Bank Cod Hook
Sector vessels when declared into the CA I Hook Gear Haddock Special
Access Program by including modification of the season, haddock total
allowable catch, and restricting vessels to fishing only inside the
Special Access Program area on trips declared into the Special Access
Program. In
[[Page 37191]]
addition, NMFS clarified regulations pertaining to fishing in the
Eastern U.S./Canada Haddock Special Access Program Pilot Program Area.
This action was intended to mitigate the economic and social impacts
resulting from Amendment 13 to the FMP and to meet the conservation and
management requirements of the Magnuson-Stevens Act.
28. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Amendment 13 and Framework Adjustment 40-A. RIN
0648-AS80 (70 FR 76422, December 27, 2005). This rule corrected
inadvertent errors and omissions found in the April 27, 2004, final
rule implementing Amendment 13 and the November 19, 2004, interim final
rule implementing Framework Adjustment 40-A to the Northeast
Multispecies FMP. This rule also clarified specific regulations to
maintain consistency with, and to accurately reflect, the intent of
Amendment 13 and Framework 40-A to the FMP. Finally, this rule revised
the process for selecting total allowable catch allocations for the
U.S./Canada Management Areas pursuant to a court order. Amendment 13
was developed to end overfishing and rebuild NE multispecies stocks.
Framework 40-A was developed to provide additional opportunities for NE
multispecies vessels to target healthy stocks in an effort to help
achieve optimum yield from the fishery and to mitigate some of the
economic impacts resulting from effort reductions implemented under
Amendment 13. This action was conducted by NMFS under the authority of
the Magnuson-Stevens Act.
29. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2006 Summer Flounder, Scup, and
Black Sea Bass Specifications; Preliminary 2006 Quota Adjustments; 2006
Summer Flounder Quota for Delaware. RIN 0648-AT27 (70 FR 77060,
December 29, 2005). NMFS issued final specifications for the 2006
summer flounder, scup, and black sea bass fisheries, and made
preliminary adjustments to the 2006 commercial quotas for these
fisheries. This final rule specified allowed harvest limits for both
commercial and recreational fisheries, including scup possession
limits. This action prohibited federally permitted commercial vessels
from landing summer flounder in Delaware in 2006. Regulations governing
the summer flounder fishery require publication of this notification to
advise the State of Delaware, Federal vessel permit holders, and
Federal dealer permit holders that no commercial quota is available for
landing summer flounder in Delaware in 2006. This action also defined
the total length measurement for black sea bass and made changes to the
regulations regarding the commercial black sea bass pot/trap fishery.
The intent of this action was to establish harvest levels and other
measures to attain the target fishing mortality or exploitation rates,
as specified for these species in the Summer Flounder, Scup, and Black
Sea Bass FMP, to reduce bycatch, and to improve the efficiency of the
commercial black sea bass fishery.
30. Fisheries of the Northeastern United States; Spiny Dogfish;
Framework Adjustment 1; Establishing a Multipleyear Specifications
Process. RIN 0648-AT29 (71 FR 3016, January 19, 2006). NMFS announced
the implementation of Framework Adjustment 1 to the Spiny Dogfish FMP,
which allowed the specification of commercial quotas and other
management measures for up to 5 years. This framework adjustment was
intended to improve management of the Northeast Atlantic stock of Spiny
Dogfish.
31. Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Framework 18. RIN 0648-AT25 (71 FR 33211, June 8,
2006). This final rule implemented Framework Adjustment 18 to the
Atlantic Sea Scallop FMP, which was developed by the New England
Fishery Management Council. The following management measures were
implemented by this rule: Scallop fishery specifications for 2006 and
2007; scallop Area Rotation Program adjustments; and revisions to
management measures that would improve administration of the FMP. In
addition, a seasonal closure of the Elephant Trunk Access Area was
implemented to reduce potential interactions between the scallop
fishery and sea turtles, and to reduce finfish and scallop bycatch
mortality. Framework 18 was developed to meet the FMP's requirement to
adjust biennially the management measures for the scallop fishery. The
FMP requires the biennial adjustments to ensure that measures meet the
target fishing mortality rate and other goals of the FMP and achieve
optimum yield from the scallop resource on a continuing basis.
32. Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 6. RIN 0648-
AT26 (71 FR 42315, July 26, 2006). NMFS issued this final rule to
implement measures contained in Framework Adjustment 6 to the Summer
Flounder, Scup, and Black Sea Bass FMP that allowed regional
conservation equivalency in the summer flounder recreational fishery.
The intent was to provide flexibility and efficiency to the management
of the summer flounder recreational fishery, specifically by expanding
the suite of management tools available when conservation equivalency
was implemented. In addition, this final rule included three
administrative modifications to the existing regulations for
clarification purposes.
33. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 43. RIN 0648-AU33 (71 FR
46871, August 15, 2006). NMFS implemented Framework Adjustment 43 to
the Northeast Multispecies FMP, which addressed the incidental catch of
Northeast multispecies by vessels fishing for Atlantic herring by
establishing a Herring Exempted Fishery. Vessels issued a Category 1
Atlantic herring fishing permit were authorized to possess incidentally
caught haddock until the catch of haddock reached the level specified
as an incidental haddock catch cap; upon attainment of the haddock
catch cap, all herring vessels were limited to 2,000 lb (907 kg) of
herring per trip, if any of the herring on board was caught within the
Gulf of Maine/Georges Bank Herring Exemption Area defined in Framework
43. Herring Category 1 vessels were also authorized to possess up to
100 pounds (45 kg) of other regulated multispecies (cod, witch
flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake), and were required to
provide advanced notification of their intent to land for purposes of
enforcement. Atlantic herring processors and dealers that sort herring
catches as part of their operations were required to cull and report
all haddock.
34. Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Great South Channel Scallop Dredge Exemption
Area. RIN 0648-AU50 (71 FR 51779, August 31, 2006). NMFS issued this
final rule to modify the regulations implementing the Northeast
Multispecies FMP to allow vessels issued either a General Category
Atlantic sea scallop permit or a limited access sea scallop permit,
when not fishing under a scallop days-at-sea limitation, to fish for
scallops with small dredges (combined width not to exceed 10.5 ft)
within the Great South Channel Scallop Dredge Exemption Area. This
final rule responded to a request from the fishing industry to add this
area to the list of exempted fisheries. The intent of this action was
[[Page 37192]]
to allow small scallop dredge vessels to harvest scallops in a manner
that is consistent with the bycatch reduction objectives of the FMP.
35. Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery, Framework Adjustment 42;
Monkfish Fishery, Framework Adjustment 3. RIN 0648-AT24 (71 FR 62156,
October 23, 2006). This final rule implemented Framework Adjustment 42
to the Northeast Multispecies FMP and Framework Adjustment 3 to the
Monkfish FMP. Framework Adjustment 42, developed by the New England
Fishery Management Council, was a biennial adjustment to the Northeast
Multispecies FMP that set forth a rebuilding program for Georges Bank
yellowtail flounder and modified Northeast multispecies fishery
management measures to reduce fishing mortality rates on six other
groundfish stocks in order to maintain compliance with the rebuilding
programs of the FMP. Framework Adjustment 42 also modified and
continued specific measures to mitigate the economic and social impacts
of Amendment 13 to the FMP and allowed harvest levels to approach
optimum yield. This final rule also implements the Monkfish FW 3
provision prohibiting a limited access monkfish days-at-sea vessel that
also possesses a limited access NE multispecies days-at-sea permit from
using a monkfish days-at-sea when participating in the Regular B days-
at-sea program.
36. Pacific Halibut Fisheries; Catch Sharing Plan; Fisheries Off
West Coast States and in the Western Pacific; Pacific Coast Groundfish
Fishery; Specifications and Management Measures; Inseason Adjustments.
RIN 0648-AS61 (70 FR 20304, April 19, 2005). The Assistant
Administrator for Fisheries, on behalf of the International Pacific
Halibut Commission, publishes annual management measures to govern the
Pacific halibut fishery. These measures are promulgated as regulations
by the International Pacific Halibut Commission and accepted by the
Secretary of State. The Assistant Administrator for Fisheries announced
modifications to the Catch Sharing Plan for Area 2A and implementing
regulations for 2005, and announced approval of the Area 2A Plan. The
Assistant Administrator for Fisheries also announced related changes to
management measures in the recreational Pacific Coast groundfish
fisheries, which are authorized by the Pacific Coast Groundfish FMP.
These actions were intended to enhance the conservation of Pacific
halibut and groundfish and further the goals and objectives of the
Pacific Fishery Management Council.
37. Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States and in the Western Pacific; Pacific Coast Groundfish Fishery;
Biennial Specifications and Management Measures; Correction. RIN 0648-
AS27 (70 FR 22808, May 3, 2005). This final rule established the 2005
fishery specifications for Pacific whiting in the U.S. exclusive
economic zone and state waters off the coasts of Washington, Oregon,
and California, as authorized by the Pacific Coast Groundfish FMP. It
also adjusted the bycatch limits in the whiting fishery. This Federal
Register document also corrected the final rule implementing the
specifications and management measures, which was published December
23, 2004. These specifications included the level of the acceptable
biological catch, optimum yield, tribal allocation, and allocations for
the non-tribal commercial sectors. The intended effect of this action
was to establish allowable harvest levels of whiting based on the best
available scientific information.
38. Magnuson-Stevens Act Provisions; Fishing Capacity Reduction
Program; Pacific Coast Groundfish Fishery; California, Washington, and
Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry
Fee System for Fishing Capacity Reduction Loan. RIN 0648-AS38 (70 FR
40225, July 13, 2005 and 71 FR 27, January 3, 2006). NMFS established
regulations to implement an industry fee system for repaying a
$35,662,471 Federal loan. The loan financed most of the cost of a
fishing capacity reduction program in the Pacific Coast groundfish
fishery. The industry fee system imposed fees on the value of future
groundfish landed in the trawl portion (excluding whiting catcher-
processors) of the Pacific Coast groundfish fishery. It also imposed
fees on coastal Dungeness crab and pink shrimp landed in the
California, Washington, and Oregon fisheries for coastal Dungeness crab
and pink shrimp. This action's intent was to implement the industry fee
system.
39. Fisheries off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Specifications and Management
Measures. RIN 0648-AU00 (71 FR 8489, February 17, 2006). NMFS
implemented revisions to the 2006 commercial and recreational
groundfish fishery management measures for groundfish taken in the U.S.
exclusive economic zone off the coasts of Washington, Oregon, and
California. Management measures that were new for 2006 were intended
to: Achieve but not exceed optimum yields; prevent overfishing; rebuild
overfished species; and reduce and minimize the incidental catch and
discard of overfished and depleted stocks. NMFS was also revising the
2006 darkblotched rockfish optimum yield, at the request of the Pacific
Fishery Management Council. These actions, which are authorized by the
Pacific Coast Groundfish FMP and the Magnuson-Stevens Act, were
intended to allow fisheries to access more abundant groundfish stocks
while protecting overfished and depleted stocks.
40. Fisheries Off West Coast States and in the Western Pacific;
Pacific Coast Groundfish Fishery; Limited Entry Fixed Gear Sablefish
Fishery Permit Stacking Program. RIN 0648-AP38 (71 FR 10614, March 2,
2006). NMFS implemented portions of Amendment 14 to the Pacific Coast
Groundfish FMP. Amendment 14 created a permit stacking program for
limited entry permits with sablefish endorsements. Amendment 14 was
intended to provide greater season flexibility for sablefish fishery
participants and to improve safety in the primary sablefish fishery.
41. Pacific Halibut Fisheries; Catch Sharing Plan. RIN 0648-AT56
(71 FR 10850, March 3, 2006). The Assistant Administrator for
Fisheries, on behalf of the International Pacific Halibut Commission,
published annual management measures promulgated as regulations by the
International Pacific Halibut Commission and approved by the Secretary
of State governing the Pacific halibut fishery. The Assistant
Administrator for Fisheries also announced modifications to the Catch
Sharing Plan for Area 2A and implementing regulations for 2006, and
announced approval of the Area 2A Catch Sharing Plan. These actions
were intended to enhance the conservation of Pacific halibut and
further the goals and objectives of the Pacific Fishery Management
Council and the North Pacific Fishery Management Council.
42. Magnuson-Stevens Act Provisions; Fisheries off West Coast
States; Pacific Coast Groundfish Fishery. RIN 0648-AT98 (71 FR 27408,
May 11, 2006). NMFS implemented the regulatory provisions of Amendment
19 to the Pacific Coast Groundfish FMP. Amendment 19 provided for a
comprehensive program to describe and protect essential fish habitat
for Pacific Coast Groundfish. The management measures to implement
Amendment 19, which were authorized by the FMP and the Magnuson-Stevens
Act, were intended to minimize, to the extent practicable, adverse
effects to essential fish habitat from fishing. The measures
[[Page 37193]]
included fishing gear restrictions and prohibitions, areas that are
closed to bottom trawling, and areas that are closed to all fishing
that contacts the bottom.
43. Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Correction. RIN 0648-AU39 (71 FR 29257, May 22,
2006). This final rule established the 2006 fishery specifications for
Pacific whiting in the U.S. exclusive economic zone and state waters
off the coasts of Washington, Oregon, and California, as authorized by
the Pacific Coast Groundfish FMP. It also adjusted the bycatch limits
in the whiting fishery. This Federal Register document also corrected
the final rule implementing the specifications and management measures,
which was published December 23, 2004. These specifications included
the level of the acceptable biological catch, optimum yield, tribal
allocation, and allocations for the non-tribal commercial sectors. The
intended effect of this action was to establish allowable harvest
levels of whiting based on the best available scientific information.
44. Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Amendment 18. RIN 0648-AU12 (71 FR 66122, November 13, 2006).
NMFS issued this final rule to implement Amendment 18 to the Pacific
Coast Groundfish FMP. Amendment 18 responded to a court order by
setting the Pacific Fishery Management Council's bycatch minimization
policies and requirements into the FMP.
45. Magnuson-Stevens Act Provisions; Fisheries off West Coast
States; Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Amendment 16-4; Pacific Coast Salmon Fishery. RIN
0648-AU57 (71 FR 78638, December 29, 2006). This final rule implemented
Amendment 16-4 to the Pacific Coast Groundfish FMP and set the 2007-
2008 harvest specifications and management measures for groundfish
taken in the U.S. exclusive economic zone off the coasts of Washington,
Oregon, and California. Amendment 16-4 modified the FMP to implement
revised rebuilding plans for seven overfished species: Bocaccio, canary
rockfish, cowcod, darkblotched rockfish, Pacific ocean perch, widow
rockfish, and yelloweye rockfish. Groundfish harvest specifications and
management measures for 2007-2008 were intended to: Achieve but not
exceed optimum yields; prevent overfishing; rebuild overfished species;
reduce and minimize the bycatch and discard of overfished and depleted
stocks; provide harvest opportunity for the recreational and commercial
fishing sectors; and, within the commercial fisheries, achieve harvest
guidelines and limited entry and open access allocations for
nonoverfished species. Together, Amendment 16-4 and the 2007-2008
harvest specifications and management measures were intended to rebuild
overfished stocks as soon as possible, taking into account the status
and biology of the stocks, the needs of fishing communities, and the
interaction of the overfished stocks within the marine ecosystem. In
addition to the management measures implemented specifically for the
groundfish fisheries, this rule implemented a new Yelloweye Rockfish
Conservation Area off Washington State, which is closed to commercial
salmon troll fishing to reduce incidental mortality of yelloweye
rockfish in the salmon troll fishery.
46. Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Pelagic Fisheries; American Samoa Longline Limited
Entry Program. RIN 0648-AQ92 (70 FR 29646, May 24, 2005). NMFS issued a
final rule to implement Amendment 11 to the FMP for Pelagic Fisheries
of the Western Pacific Region, which established a limited entry system
for pelagic longline vessels fishing in waters of the U.S. exclusive
economic zone around American Samoa. The action was necessary to
effectively manage the pelagics fisheries around American Samoa. This
final rule was intended to establish management measures that would
stabilize effort in the fishery to avoid a ``boom and bust'' cycle of
fishery development that could disrupt community participation and
limit opportunity for substantial participation in the fishery by
indigenous islanders.
47. Fisheries Off West Coast States and in the Western Pacific;
Western Pacific Pelagic Fisheries; Sea Turtle Mitigation Measures. RIN
0648-AQ91 (70 FR 69282, November 15, 2005). NMFS issued a final rule to
reduce and mitigate interactions between sea turtles and fisheries
managed under the FMP for the Pelagic Fisheries of the Western Pacific
Region. This rule included requirements for attending protected species
workshops, for handling, resuscitating, and releasing sea turtles that
are hooked or entangled in fishing gear, and for fishing gear
configuration. This action was undertaken in part to comply with the
terms and conditions of a 2004 Biological Opinion on impacts on sea
turtles by fisheries managed under the FMP.
48. Fisheries Off West Coast States and in the Western Pacific;
Pelagic Fisheries; Additional Measures to Reduce the Incidental Catch
of Seabirds in the Hawaii Pelagic Longline Fishery. RIN 0648-AS30 (70
FR 75075, December 19, 2005). NMFS issued a final rule implementing
measures to further reduce the incidental catch of seabirds in the
Hawaii-based longline fishery. Depending on the fishing method and area
where the vessels operate, owners and operators of longline fishing
vessels must either side-set (deploy longline gear from the side of the
vessel rather than from the stern) or use a combination of other
seabird mitigation measures to prevent seabirds from being accidentally
hooked, entangled, and killed during fishing operations. NMFS also
announced the availability of the Record of Decision for the ``Final
Environmental Impact Statement, Seabird Interaction Avoidance Methods
under the FMP for Pelagic Fisheries of the Western Pacific Region and
Pelagic Squid Fishery Management under the FMP for Pelagic Fisheries of
the Western Pacific Region and the High Seas Fishing Compliance Act.''
The Record of Decision announced that NMFS selected the Preferred
Alternative, modified slightly, to cost-effectively further reduce the
potentially harmful effects of the Hawaii-based longline fishery on
seabirds.
49. Fisheries in the Western Pacific; Western Pacific Bottomfish
and Seamount Groundfish Fisheries; Guam Bottomfish Management Measures.
RIN 0648-AT94 (71 FR 64474, November 2, 2006). NMFS issued this final
rule to implement Amendment 9 to the FMP for Bottomfish and Seamount
Groundfish Fisheries of the Western Pacific Region that prohibited
large vessels, i.e., those 50 ft (15.2 m) or longer, from fishing for
bottomfish in Federal waters within 50 nm (92.6 km) around Guam, and
established Federal permitting and reporting requirements for these
large bottomfish fishing vessels. This final rule was intended to
maintain viable participation and bottomfish catch rates by small
vessels in the fishery, to maintain traditional patterns of the
bottomfish supply to local Guam markets, to provide for the collection
of adequate fishery information for effective management, and to reduce
the risk of local depletion of deepwater bottomfish stocks near Guam.
50. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Rebuilding Plan.
RIN 0648-AP02 (70 FR 32266, June 2, 2005).
[[Page 37194]]
NMFS issued this final rule to implement Amendment 22 to the FMP for
the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of
Mexico Fishery Management Council. This final rule provided the
regulatory authority to implement a mandatory observer program for
selected commercial and for-hire vessels in the Gulf of Mexico reef
fish fishery. In addition, consistent with the requirements of the
Magnuson-Stevens Act, Amendment 22 established a stock rebuilding plan,
biological reference points, and stock status determination criteria
for red snapper in the Gulf of Mexico. The intended effect of this
final rule was to contribute to ending overfishing and rebuilding the
red snapper resource. Finally, 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.
51. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding
Plan. RIN 0648-AS19 (70 FR 33385, June 8, 2005). NMFS issued this final
rule to implement Amendment 23 to the FMP for the Reef Fish Resources
of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management
Council. This final rule increased the minimum size limit for vermilion
snapper to 11 inches (28 cm), total length, for the recreational and
commercial sectors; established a 10-fish recreational bag limit for
vermilion snapper within the existing 20-fish aggregate reef fish bag
limit; and closed the commercial vermilion snapper fishery from April
22 through May 31 each year. In addition, consistent with the
requirements of the Magnuson-Stevens Act, Amendment 23 established a
stock rebuilding plan, biological reference points, and stock status
determination criteria for vermilion snapper in the Gulf of Mexico. The
intended effect of this final rule was to end overfishing and rebuild
the vermilion snapper resource.
52. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Amendment 15. RIN 0648-AS53 (70 FR 39187, July 7, 2005). NMFS
issued this final rule to implement Amendment 15 to the FMP for the
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic. This final rule established a limited access system for the
commercial fishery for Gulf and Atlantic migratory group king mackerel
by capping participation at the current level. The final rule also
changed the fishing year for Atlantic migratory group king and Spanish
mackerel to March through February. The intended effects of this final
rule were to provide economic and social stability in the fishery by
preventing speculative entry into the fishery and to mitigate adverse
impacts associated with potential quota closures.
53. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gulf Reef Fish Limited Access
System. RIN 0648-AS69 (70 FR 41161, July 18, 2005). NMFS issued this
final rule to implement Amendment 24 to the FMP for the Reef Fish
Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery
Management Council. This final rule established a limited access system
for the commercial reef fish fishery in the Gulf of Mexico by capping
participation at the current level. The intended effect of this final
rule was to provide economic and social stability in the fishery by
preventing speculative entry into the fishery.
54. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Comprehensive Amendment to the FMPs of the U.S. Caribbean. RIN 0648-
AP51 (70 FR 62073, October 28, 2005). NMFS issued this final rule to
implement a comprehensive amendment prepared by the Caribbean Fishery
Management Council to amend its Reef Fish, Spiny Lobster, Queen Conch,
and Coral FMPs. The comprehensive amendment was designed to ensure the
FMPs are fully compliant with the provisions of the Magnuson-Stevens
Act. This final rule redefined the fishery management units for the
FMPs; established seasonal closures; imposed gear restrictions and
requirements; revised requirements for marking pots and traps; and
prohibited the filleting of fish at sea. In addition, the comprehensive
amendment established biological reference points and stock status
criteria; established rebuilding schedules and strategies to end
overfishing and rebuild overfished stocks; provided for standardized
collection of bycatch data; minimized bycatch and bycatch mortality to
the extent practicable; designated essential fish habitat and habitat
areas of particular concern; and minimized adverse impacts on such
habitat to the extent practicable. The intended effect of this final
rule was to achieve optimum yield in the fisheries and provide social
and economic benefits associated with maintaining healthy stocks.
55. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Amendment 6. RIN 0648-
AS16 (70 FR 73383, December 12, 2005). NMFS issued this final rule to
implement Amendment 6 to the FMP for the Shrimp Fishery of the South
Atlantic Region, as prepared and submitted by the South Atlantic
Fishery Management Council. This final rule required an owner or
operator of a trawler that harvests or possesses penaeid shrimp in or
from the exclusive economic zone off the southern Atlantic states to
obtain a commercial vessel permit for South Atlantic penaeid shrimp;
required an owner or operator of a vessel in the South Atlantic rock
shrimp or penaeid shrimp fishery to submit catch and effort reports and
to carry an observer on selected trips; and required bycatch reduction
devices in nets in the rock shrimp fishery. Amendment 6 also
established stock status determination criteria for South Atlantic
penaeid shrimp; revised the specifications of maximum sustainable yield
and optimum yield for South Atlantic rock shrimp; revised the stock
status determination criteria for South Atlantic rock shrimp; revised
the bycatch reduction criterion for the certification of bycatch
reduction devices; and transfered from the Council to the Regional
Administrator, Southeast Region, responsibilities for the specification
of the protocol for testing bycatch reduction devices. 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
rule were to provide additional information for, and improve the
effective management of, the shrimp fisheries off the southern Atlantic
states and to correct and clarify the regulations applicable to other
southern Atlantic fisheries.
56. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Essential Fish Habitat Amendment. RIN 0648-AS66 (70 FR
76216, December 23, 2005). NMFS issued this final rule to implement
Generic Amendment 3 to the FMPs of the Gulf of Mexico, which was
prepared by the Gulf of Mexico Fishery Management Council. Generic
Amendment 3 amended each of the seven Council FMPs (shrimp, red drum,
reef fish, coastal migratory pelagic resources, coral and coral reefs,
stone crab, and spiny lobster) to describe and
[[Page 37195]]
identify essential fish habitat; minimize to the extent practicable the
adverse effects of fishing on essential fish habitat; and encourage
conservation and management of essential fish habitat. This final rule
established additional habitat areas of particular concern, restricted
fishing activities within habitat areas of particular concern, and
required a weak link in bottom trawl gear. The intended effect of this
final rule was to facilitate long-term protection of essential fish
habitat and, thus, better conserve and manage fishery resources in the
Gulf of Mexico.
57. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Commercial Grouper Fishery; Trip Limit. RIN 0648-AT12
(70 FR 77057, December 29, 2005). NMFS issued this final rule to
implement a regulatory amendment to the FMP for the Reef Fish Resources
of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management
Council. This final rule established a 6,000-lb (2,722-kg) commercial
trip limit for shallow-water and deep-water grouper, combined, in the
exclusive economic zone of the Gulf of Mexico. The intended effect of
this final rule was to minimize the effects of derby fishing and
prolong the fishing season.
58. 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; Limited Access
Program for Gulf Charter Vessels and Headboats. RIN 0648-AS70 (71 FR
28282, May 16, 2006). NMFS issued this final rule to implement
Amendment 17 to the FMP for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic, and Amendment 25 to the FMP for
the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of
Mexico Fishery Management Council. This final rule established a
limited access system for charter vessel/headboat permits for the reef
fish and coastal migratory pelagic fisheries in the exclusive economic
zone of the Gulf of Mexico. In addition, this final rule incorporated a
number of minor revisions to remove outdated regulatory text and to
clarify regulatory text. The intended effect of this final rule was to
provide for biological, social, and economic stability in these charter
vessel/headboat fisheries.
59. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Recreational Grouper Fishery Management Measures. RIN
0648-AU04 (71 FR 34534, June 15, 2006). NMFS issued this final rule to
implement the bag limit provisions of a regulatory amendment to the FMP
for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf
of Mexico Fishery Management Council. This final rule established a
recreational bag limit for Gulf red grouper of one fish per person per
day and prohibited the captain and crew of a vessel operating as a
charter vessel or headboat from retaining any Gulf grouper, i.e.,
established a zero bag limit for captain and crew. The intended effect
of this final rule was to help maintain recreational landings at levels
consistent with the red grouper rebuilding plan.
60. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 18A. RIN 0648-AN09
(71 FR 45428, August 9, 2006). NMFS issued this final rule to implement
Amendment 18A to the FMP for the Reef Fish Resources of the Gulf of
Mexico prepared by the Gulf of Mexico Fishery Management Council. This
final rule prohibited vessels from retaining reef fish caught under the
recreational size and bag/possession limits when commercial quantities
of Gulf reef fish are on board; adjusted the number of persons allowed
on board when a vessel with both commercial and charter vessel/headboat
reef fish permits and a U.S. Coast Guard Certificate of Inspection is
fishing commercially; prohibited use of Gulf reef fish, except sand
perch or dwarf sand perch, as bait in any commercial or recreational
fishery in the exclusive economic zone of the Gulf of Mexico, with a
limited exception for crustacean trap fisheries; required a NMFS-
approved vessel monitoring system on board vessels with Federal
commercial permits for Gulf reef fish, including charter vessels/
headboats with such commercial permits; and required owners and
operators of vessels with Federal commercial or charter vessel/headboat
permits for Gulf reef fish to comply with sea turtle and smalltooth
sawfish release protocols, possess on board specific gear to ensure
proper release of such species, and comply with guidelines for proper
care and release of incidentally caught sawfish and sea turtles. This
final rule also required annual permit application rather than
application every 2 years. In addition, Amendment 18A revised the total
allowable catch framework procedure to reflect current practices and
terminology. The intended effects of this final rule were to improve
enforceability and monitoring in the reef fish fishery in the Gulf of
Mexico and to reduce mortality of incidentally caught sea turtles and
smalltooth sawfish. Finally, NMFS informed the public of 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.
61. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper- Grouper Fishery Off the Southern Atlantic States; Amendment
13C. RIN 0648-AT75 (71 FR 55096, September 21, 2006). NMFS issued this
final rule to implement Amendment 13C to the FMP for the Snapper-
Grouper Fishery of the South Atlantic Region, as prepared and submitted
by the South Atlantic Fishery Management Council. Amendment 13C
established management measures to end overfishing of snowy grouper,
golden tilefish, vermilion snapper, and black sea bass and measures to
allow moderate increases in recreational and commercial harvest of red
porgy consistent with the rebuilding program for that stock. For the
commercial fisheries, this final rule established restrictive quotas
for snowy grouper, golden tilefish, vermilion snapper, and black sea
bass and, after the quotas are met, prohibited all purchase and sale of
the applicable species and restricted all harvest and possession to the
applicable bag limit; established restrictive trip limits for snowy
grouper and golden tilefish; required at least 2-inch (5.1-cm) mesh in
the back panel of black sea bass pots; required black sea bass pots to
be removed from the water after the quota was reached; changed the
fishing year for black sea bass; increased the trip limit for red
porgy; established a red porgy quota that would allow a moderate
increase in harvest; and, after the red porgy quota was reached,
prohibited all purchase and sale, and restricted all harvest and
possession to the bag limit. For the recreational fisheries, this final
rule reduced the bag limits for snowy grouper, golden tilefish, and
black sea bass; increased the minimum size limit for vermilion snapper
and black sea bass; changed the fishing year for black sea bass; and
increased the bag limit for red porgy. The intended effects of this
final rule were to eliminate or phase out overfishing of snowy grouper,
golden tilefish, vermilion snapper, and black sea bass; and increase
red porgy harvest consistent with an updated stock assessment and
rebuilding plan to achieve optimum yield. Finally, 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
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Management and Budget control numbers for those collections.
62. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery of the Gulf of Mexico; Amendment 13. RIN 0648-AS15 (71
FR 56039, September 26, 2006). NMFS issued this final rule to implement
Amendment 13 to the FMP for the Shrimp Fishery of the Gulf of Mexico,
as prepared and submitted by the Gulf of Mexico Fishery Management
Council. This final rule established a 10-year moratorium on issuance
of Federal Gulf shrimp vessel permits; required owners of vessels
fishing for or possessing royal red shrimp from the Gulf of Mexico
exclusive economic zone to have a royal red shrimp endorsement;
required owners or operators of all federally permitted Gulf shrimp
vessels to report information on landings and vessel and gear
characteristics; and required vessels selected by NMFS to carry
observers and/or install an electronic logbook provided by NMFS. In
addition, Amendment 13 established biological reference points for
penaeid shrimp and status determination criteria for royal red shrimp.
The intended effects of this final rule were to provide essential
fisheries data, including bycatch data, needed to improve management of
the fishery and to control access to the fishery. Finally, 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.
63. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Recreational Grouper Fishery Management Measures. RIN
0648-AU04 (71 FR 66878, November 17, 2006). NMFS issued this final rule
to implement the seasonal closure provisions of a regulatory amendment
to the FMP for the Reef Fish Resources of the Gulf of Mexico prepared
by the Gulf of Mexico Fishery Management Council. This final rule
established a seasonal closure of the recreational fishery for gag, red
grouper, and black grouper in or from the Gulf exclusive economic zone.
The intended effect of this final rule was to help maintain
recreational landings at levels consistent with the red grouper
rebuilding plan while minimizing potential shift of fishing effort to
associated grouper species.
64. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 26. RIN 0648-AS67
(71 FR 67447, November 22, 2006). NMFS issued this final rule to
implement Amendment 26 to the FMP for the Reef Fish Fishery of the Gulf
of Mexico. Amendment 26 established an individual fishing quota program
for the commercial red snapper sector of the reef fish fishery in the
Gulf of Mexico. Initial participants in the individual fishing quota
program received percentage shares of the commercial quota of red
snapper based on specified historical landings criteria. The percentage
shares of the commercial quota equate to annual individual fishing
quota allocations. 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 rule was to manage the commercial red
snapper sector of the reef fish fishery to preserve its long-term
economic viability and to achieve optimum yield from the fishery.
65. Fisheries Off West Coast States and in the Western Pacific;
Highly Migratory Species Fisheries; Data Collection Requirements for
U.S. Commercial and Recreational Charter Fishing Vessels. RIN 0648-AP42
(70 FR 7022, February 10, 2005). NMFS announced approval by the Office
of Management and Budget of collection-of-information requirements
pertaining to permits, logbooks, vessel monitoring systems, and pre-
trip notifications contained in the final rule to implement the
approved portions of the U.S. West Coast Highly Migratory Species FMP.
The FMP was partially approved on February 4, 2004, and the final rule
to implement the approved portions of the HMS FMP was published in the
Federal Register on April 7, 2004. At that time, the FMP final rule
contained collection-of-information requirements subject to the
Paperwork Reduction Act that were undergoing Office of Management and
Budget review. The intent of this notice was to inform the public of
the effective date of the requirements approved by Office of Management
and Budget. Reporting requirements of the FMP are needed to obtain
sufficient information for management while minimizing duplication.
66. Fisheries Off West Coast States and in the Western Pacific;
Highly Migratory Species Fisheries; Data Collection Requirements for
U.S. Commercial and Recreational Charter Fishing Vessels. RIN 0648-AT97
(70 FR 67349, November 7, 2005). NMFS announced approval by the Office
of Management and Budget of collection-of-information requirements
pertaining to vessel identification contained in the final rule to
implement the approved portions of the U.S. West Coast Highly Migratory
Species FMP, and the effectiveness of those requirements. On February
4, 2004, NMFS partially approved the HMS FMP, and the final rule to
implement the approved portions of the HMS FMP was published in the
Federal Register on April 7, 2004. The HMS FMP final rule contained
vessel identification requirements subject to the Paperwork Reduction
Act that, at the time of publication, were still undergoing Office of
Management and Budget review. This action informed the public of the
effective date of the requirement approved by Office of Management and
Budget. Vessel identification requirements are necessary for proper
enforcement of the FMP.
67. Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Amendment 11. RIN 0648-AT11 (71 FR 36999, June 29, 2006).
NMFS issued this final rule to implement Amendment 11 to the Coastal
Pelagic Species FMP, which changed the framework for the annual
apportionment of the Pacific sardine harvest guideline along the U.S.
Pacific coast. The purpose of this final rule was to achieve optimal
utilization of the Pacific sardine resource and equitable allocation of
the harvest opportunity for Pacific sardine.
68. Atlantic Coastal Fisheries Cooperative Management Act
Provisions; American Lobster Fishery. RIN 0648-AP18 (71 FR 13027, March
14, 2006). NMFS amended regulations to modify the management measures
applicable to the Federal American lobster (Homarus americanus)
fishery. This action was in response to recommendations by the Atlantic
States Marine Fisheries Commission in Addenda II and III to Amendment 3
of the Interstate FMP for American Lobster. The lobster management
measures were intended to increase protection to American lobster
broodstock throughout the stock's range, and applied to lobsters
harvested in one or more of seven Lobster Conservation Management
Areas. In addition, NMFS clarified existing Federal lobster
regulations.
69. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific
Ocean. RIN 0648-AS05 (70 FR 19004, April 12, 2005). NMFS issued a final
rule to implement resolutions adopted by the Inter-American Tropical
Tuna Commission and by the Parties to the Agreement on the
International Dolphin Conservation Program. The final rule prohibited
activities that undermine the
[[Page 37197]]
effective implementation and enforcement of the Marine Mammal
Protection Act, Dolphin Protection Consumer Information Act, and
International Dolphin Conservation Program Act.
70. Endangered and Threatened Species; Designation of Critical
Habitat for Seven Evolutionarily Significant Units of Pacific Salmon
and Steelhead in California. RIN 0648-AO04 (70 FR 52488, September 2,
2005). NMFS issued a final rule designating critical habitat for two
Evolutionarily Significant Units of chinook salmon (Oncorhynchus
tshawytscha) and five Evolutionarily Significant Units of steelhead (O.
mykiss) listed as of the date of this designation under the Endangered
Species Act of 1973, as amended. The specific areas designated in the
rule text included approximately 8,935 net mi (14,269 km) of riverine
habitat and 470 mi\2\ (1,212 km\2\) of estuarine habitat in California.
Some of the areas designated are occupied by two or more Evolutionarily
Significant Units. The annual net economic impacts of changes to
Federal activities as a result of the critical habitat designations
were estimated to be approximately $81,647,439. This rule was issued to
meet the timeline established in litigation between NMFS and Pacific
Coast Federation of Fishermen's Associations (Civ. No. 03-1883).
71. Endangered and Threatened Species; Designation of Critical
Habitat for 12 Evolutionarily Significant Units of West Coast Salmon
and Steelhead in Washington, Oregon, and Idaho. RIN 0648-AQ77 (70 FR
52630, September 2, 2005). NMFS issued a final rule designating
critical habitat for 12 Evolutionarily Significant Units of West Coast
salmon (chum, Oncorhynchus keta; sockeye, O. nerka; chinook, O.
tshawytscha; and steelhead, O. mykiss) listed as of the date of this
designation under the Endangered Species Act of 1973, as amended. The
specific areas designated in the rule text included approximately
20,630 mi (33,201 km) of lake, riverine, and estuarine habitat in
Washington, Oregon, and Idaho, as well as approximately 2,312 mi (3,721
km) of marine nearshore habitat in Puget Sound. Some of the areas
designated are occupied by two or more Evolutionarily Significant
Units. The annual net economic impacts of changes to Federal activities
as a result of critical habitat designation were estimated to be
approximately $201.2 million. Fish and wildlife conservation actions
for the Federal Columbia River Power System and other major hydropower
projects in the Pacific Northwest were expected to generate another
$500-700 million in annual costs, including forgone power revenues.
While these hydropower projects were covered by Endangered Species Act
section 7, the conservation actions that generated these costs were
imposed by a wide variety of laws. This rule was being issued to meet
the timeline established in litigation between NMFS and Pacific Coast
Federation of Fishermen's Associations (Civ. No. 03-1883).
72. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Bottlenose Dolphin Take Reduction Plan Regulations; Sea
Turtle Conservation; Restrictions to Fishing Activities. RIN 0648-AR39
(71 FR 24776, April 26, 2006). NMFS issued this final rule to implement
regulatory and nonregulatory management measures to reduce the
incidental mortality and serious injury of the western North Atlantic
coastal bottlenose dolphin stock (Tursiops truncatus) in the mid-
Atlantic coastal gillnet fishery and eight other coastal fisheries
operating within the dolphin's distributional range. This final rule
also revised the large mesh size restriction under the mid-Atlantic
large mesh gillnet rule for conservation of endangered and threatened
sea turtles to provide consistency among Federal and state management
measures. The measures contained in this final rule implemented gillnet
effort reduction, gear proximity requirements, gear or gear deployment
modifications, and outreach and education measures to reduce dolphin
bycatch below the marine mammal stock's potential biological removal
level. The rule combined two actions under different statutory
authorities, to: (1) Implement the Bottlenose Dolphin Take Reduction
Plan under the Marine Mammal Protection Act; and (2) amend the
Endangered Species Act mid-Atlantic large mesh gillnet rule.
73. Sea Turtle Conservation; Modification to Fishing Activities.
RIN 0648-AU10 (71 FR 36024, June 23, 2006). NMFS required that any
offshore pound net leader in the Virginia waters of the mainstem
Chesapeake Bay, south of 37[deg]19.0' N. lat. and west of 76[deg]13.0'
W. long., and all waters south of 37[deg]13.0' N. lat. to the
Chesapeake Bay Bridge Tunnel at the mouth of the Chesapeake Bay, and
the James and York Rivers downstream of the first bridge in each
tributary, during the period of May 6 through July 15, meet the
definition of a modified pound net leader. Without this final rule,
existing regulations would continue to prohibit all offshore pound net
leaders in that area during that time frame. While restrictions
promulgated in 2004 on pound net leaders in the Virginia waters of the
Chesapeake Bay outside the aforementioned area remained in effect, this
final rule created an exception to those restrictions by allowing the
use of modified pound net leaders in this area. This action, taken
under the Endangered Species Act of 1973, responded to new information
generated by gear research. It was intended to conserve sea turtles
listed as threatened under the Endangered Species Act and to help
enforce the provisions of the Endangered Species Act, including the
provisions against takes of endangered species, while enabling
fishermen to use leaders during the regulated period.
74. Endangered and Threatened Species; Revision of Critical Habitat
for the Northern Right Whale in the Pacific Ocean. RIN 0648-AT84 (71 FR
38277, July 6, 2006). NMFS issued a final rule to revise the current
critical habitat for the northern right whale (Eubalaena glacialis) by
designating additional areas within the North Pacific Ocean. Two
specific areas were designated, one in the Gulf of Alaska and another
in the Bering Sea, comprising a total of approximately 95,200 square
kilometers (36,750 square miles) of marine habitat. As described in the
impacts analysis prepared for this action, we considered the economic
impacts, impacts to national security, and other relevant impacts and
concluded that the benefits of exclusion of any area from the critical
habitat designation do not outweigh the benefits of inclusion. This
final rule was issued to meet the deadline established in a remand
order of the United States District Court for the Northern District of
California.
75. Endangered and Threatened Wildlife; Sea Turtle Conservation.
RIN 0648-AS92 (71 FR 50361, August 25, 2006). NMFS issued this final
rule to require sea turtle conservation measures for all sea scallop
dredge vessels fishing south of 41[deg]9.0' N. latitude from May 1
through November 30 each year. All vessels with a sea scallop dredge
and that are required to have a Federal Atlantic sea scallop fishery
permit, regardless of dredge size or vessel permit category, were
required to modify their dredge(s) when fishing south of 41[deg]9.0' N.
latitude, from the shoreline to the outer boundary of the Exclusive
Economic Zone. This action was necessary to help reduce mortality and
injury to endangered and threatened sea turtles in scallop dredge gear
and to conserve sea turtles listed under the Endangered Species Act.
Any incidental take of threatened sea turtles in sea scallop dredge
gear in compliance with this gear modification requirement and all
other applicable requirements
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was exempted on the Endangered Species Act's prohibition against takes.
76. Endangered and Threatened Species; Designation of Critical
Habitat for Southern Resident Killer Whale. RIN 0648-AU38 (71 FR 69054,
November 29, 2006). NMFS issued a final rule designating critical
habitat for the Southern Resident killer whale (Orcinus orca) distinct
population segment. Under the Endangered Species Act, we are
responsible for determining whether certain species, subspecies, or
distinct population segments are threatened or endangered, and
designating critical habitat for them. Three specific areas were
designated, (1) the Summer Core Area in Haro Strait and waters around
the San Juan Islands; (2) Puget Sound; and (3) the Strait of Juan de
Fuca, which comprise approximately 2,560 square miles (6,630 sq km) of
marine habitat. We considered the economic impacts and impacts to
national security, and concluded the benefits of exclusion of 18
military sites, comprising approximately 112 square miles (291 sq km),
outweighed the benefits of inclusion because of national security
impacts. An economic analysis, biological report, and Endangered
Species Act report were available for comment along with the proposed
rule. The supporting documents were finalized in support of the final
critical habitat designation.
Dated: June 14, 2013.
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. 2013-14759 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-22-P