[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Rules and Regulations]
[Pages 60079-60089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21075]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapters II, III, and VI

[RTID 0648-XA387]


Plan for Periodic Review of Regulations

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

ACTION: Request for comments.

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SUMMARY: NMFS announces the availability of a list of the rules it is 
reviewing, as required, under section 610 of the Regulatory Flexibility 
Act. We are required to notify the public of our review of existing 
regulations that we have determined had, or will have, a significant 
impact on a substantial number of small entities, such as small 
businesses, small organizations, and small governmental jurisdictions. 
The intended effect of this notice is to inform the public of the rules 
under review, to outline NMFS' review process, and to provide an 
opportunity to comment.

DATES: Written comments must be received by October 26, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0128, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0128, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Instructions: Comments must be submitted by the above method 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).

FOR FURTHER INFORMATION CONTACT: Tara Scott, Industry Economist, (301) 
427-8579.

SUPPLEMENTARY INFORMATION: 

Background

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires that Federal agencies, including NMFS, take into account how 
their regulations affect ``small entities,'' including small 
businesses, small Governmental jurisdictions, and small organizations. 
Under the RFA, we must either prepare a Regulatory Flexibility Analysis 
or certify that the regulation, if put in place, will not have a 
significant economic impact on a substantial number of small entities. 
This requirement has been in place for any regulation proposed after 
January 1, 1981. Section 602 of the RFA requires that NMFS issue an 
Agenda of Regulations identifying rules under development 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 became effective after January 1, 
1981, must be reviewed within 10 years of the publication date of the 
final rule. Section 610(c) requires that we annually publish a list of 
final rules we will review during the succeeding 12 months in the 
Federal Register. The list must describe, explain the need for, and 
provide the legal basis for the rules being reviewed, as well as invite 
public comment on the rules contained in the list.

Criteria for Review of Existing Regulations

    The purpose of the required review is to determine whether existing 
rules should be left unchanged, or whether they should be revised or 
rescinded 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 must 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

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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

    We will ensure that all rules, which have or will have a 
significant economic impact on a substantial number of small entities, 
are reviewed within 10 years of the year in which they were originally 
issued. Below is the list of rules, and their summaries, issued between 
January 1, 2011, and December 31, 2013, that we will be reviewing 
during 2020. We anticipate completing the reviews for all of these 
rules by March 31, 2021:
    1. Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery 
for Halibut; Recordkeeping and Reporting. RIN 0648-AY38 (76 FR 6567; 
February 7, 2011). The final rule amended the recordkeeping and 
reporting requirements for the Pacific halibut guided sport fishery in 
International Pacific Halibut Commission Regulatory Area 2C (Southeast 
Alaska) and Area 3A (Central Gulf of Alaska). These regulations revised 
the Federal requirements for submission of Alaska Department of Fish 
and Game Saltwater Sport Fishing Charter Trip Logbook data sheets, 
modified the logbook recording requirements, and added a definition of 
fishing week. This action was necessary to improve consistency between 
Federal and State of Alaska requirements for the submission of the 
logbook data sheets and address recent changes by the State to the 
logbook reporting format. This action was intended to achieve the 
halibut fishery management goals of the North Pacific Fishery 
Management Council and to support the conservation and management 
provisions of the Northern Pacific Halibut Act of 1982.
    2. Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska License Limitation Program. RIN 0648-AY42 (76 FR 15826; March 
22, 2011). The final rule implemented Amendment 86 to the Fishery 
Management Plan (FMP) for Groundfish of the Gulf of Alaska. This action 
added a Pacific cod endorsement on licenses issued under the License 
Limitation Program (LLP) in specific management areas if those licenses 
had been used on vessels that met minimum recent landing requirements 
using non-trawl gear, commonly known as fixed gear. This action 
exempted vessels that use jig gear from the requirement to hold an LLP 
license, modified the maximum length designation on a specific set of 
fixed gear licenses, and allows entities representing specific 
communities to receive a limited number of fixed-gear licenses with 
Pacific cod endorsements. This action was intended to promote the goals 
and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA), the Fishery Management Plan, and other applicable 
law.
    3. Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; 2011 Atlantic Bluefish Specifications; Regulatory Amendment. 
RIN 0648-BA26 (76 FR 17789; March 31, 2011). NMFS issued final 
specifications for the 2011 Atlantic bluefish fishery, including total 
allowable landings (TAL), a commercial quota and recreational harvest 
limit, and a recreational possession limit. The intent of this action 
was to establish the allowable 2011 harvest levels and other management 
measures to achieve the target fishing mortality rate (F), consistent 
with the Atlantic Bluefish FMP. The final rule also amended the 
bluefish regulations that specify the process for setting the annual 
TAL and target F to more clearly reflect the intent of the FMP. This 
action was conducted by NMFS under the authority of the MSA.
    4. Endangered and Threatened Species: Designation of Critical 
Habitat for Cook Inlet Beluga Whale; Final Rule. RIN 0648-AX50 (76 FR 
20179; April 11, 2011). This rule designated critical habitat for the 
Cook Inlet beluga whale (Delphinapterus leucas) distinct population 
segment (DPS) under the Endangered Species Act (ESA). Two areas were 
designated, comprising 7,800 square kilometers (km\2\) (3,013 square 
miles (mi\2\) of marine habitat. In developing this rule, NMFS 
considered public and peer review comments, as well as economic impacts 
and impacts to national security. NMFS decided in the final rule to 
exclude the Port of Anchorage in consideration of national security 
interest. Additionally, portions of military lands were determined to 
be ineligible for designation as critical habitat.
    5. Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Framework Adjustment 45; Final Rule and Interim 
Final Rule. RIN 0648-BA27 (76 FR 23042; April 25, 2011). This final 
rule partially approved Framework Adjustment (FW) 45 to the NE 
Multispecies FMP and implements the approved measures. FW 45 was 
developed by the New England Fishery Management Council (Council) to 
make adjustments necessary to ensure that conservation and management 
objectives of the FMP, including preventing overfishing, rebuilding 
overfished stocks, achieving optimum yield (OY), and minimizing the 
economic impact of management measures on affected vessels, were being 
met in accordance with the MSA. Specifically, this action revised the 
biological reference points and stock status for pollock, updated 
annual catch limits (ACL) for several stocks for fishing years (FYs) 
2011-2012, adjusted the rebuilding program for Georges Bank (GB) 
yellowtail flounder, increased scallop vessel access to the Great South 
Channel Exemption Area, approved five new sectors, modified the 
existing dockside and at-sea monitoring requirements, revised several 
sector administrative provisions, established a Gulf of Maine (GOM) Cod 
Spawning Protection Area, and refined measures affecting the operations 
of NE multispecies vessels fishing with handgear. This action approved 
the Council's proposed FY 2011 U.S./Canada Management Area total 
allowable catch (TAC), acceptable biological catch (ABC), and ACL for 
GB yellowtail flounder, but replaced them with new catch limits for 
this stock through a parallel emergency action, included as part of 
this final rule, based on the International Fisheries Agreement 
Clarification Act (IFACA) that provided new flexibility in setting 
catch limits for this stock. In addition, this action disapproved a 
measure to delay fishing industry responsibility for paying for at-sea 
monitoring coverage costs in FY 2012. This action was necessary to 
ensure that the fishery is managed on the basis of the best available 
science, to comply with the ABC control rules adopted in Amendment 16 
to the FMP, and to enhance the viability of the fishery. This action 
was conducted by NMFS under the authority of the MSA.
    6. Fisheries Off West Coast States: Pacific Coast Groundfish 
Fishery; Biennial Specifications and Management Measure. RIN 0648-BA01 
(76 FR 27508; May 11, 2011). This final rule established the 2011-2012 
harvest specifications for most of the species in the groundfish 
fishery and management measures for that fishery off the coasts of 
Washington, Oregon, and California consistent with the MSA and the 
Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This rule 
also established, under emergency authority in section 305 of the MSA, 
harvest specifications for eight overfished species, and for flatfish. 
Emergency authority was being invoked to

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implement measures that were included in Amendment 16-5 to the PCGFMP, 
which NMFS disapproved in December 2010. These included a new 
rebuilding plan for petrale sole, revised rebuilding plans for the 
remaining seven overfished species, and revised status determination 
criteria and precautionary harvest control rule for flatfish.
    7. Fisheries of the Northeastern United States; Northeast Skate 
Complex Fishery; Framework Adjustment 1. RIN 0648-BA91 (76 FR 28328; 
May 17, 2011). This final rule implemented approved measures in 
Framework Adjustment 1 to the Northeast Skate Complex Fishery 
Management Plan. Framework Adjustment 1 was developed by the New 
England Fishery Management Council (Council) to adjust the possession 
limits for the skate wing fishery in order to slow the rate of skate 
wing landings, so that the available TAL was taken by the fishery over 
a longer duration in the FY than occurred in FY 2010, thus ensuring a 
steady market supply. The action also allowed vessels that process 
skate wings at sea to land skate carcasses for sale into the bait 
market, without counting the carcass landings against the TAL (skate 
wings are already converted to live weight for monitoring). Although 
recommended by the Council as part of Framework 1, this final rule 
announced that NMFS had disapproved a proposal to increase the 
incidental possession limit for skate wings that would have applied 
after the skate wing possession limit trigger was reached. This final 
rule did not adjust the skate fishery specifications for FY 2011. This 
action was conducted by NMFS under the authority of the MSA.
    8. Fisheries of the Northeastern United States; Monkfish; Amendment 
5. RIN 0648-AX70 (76 FR 30265; May 25, 2011). This final rule 
implemented measures that were approved in Amendment 5 to the Monkfish 
FMP. The New England and Mid-Atlantic Fishery Management Councils 
developed Amendment 5 to bring the FMP into compliance with the ACL and 
accountability measure (AM) requirements of the MSA. This rule 
established the mechanisms for specifying ACLs and AMs and set the ACT 
and associated measures for days-at-sea (DAS) and trip limits for the 
Southern Fishery Management Area. NMFS disapproved the proposed ACT, 
and associated measures, for the Northern Fishery Management Area on 
the grounds that they were not consistent with the most recent 
scientific advice. This final rule implemented three additional 
Amendment 5 management measures to promote efficiency and reduce waste, 
bring the biological and management reference points in the Monkfish 
FMP into compliance with revised National Standard 1 Guidelines, and 
made one correction to the monkfish weight conversion factors.
    9. Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea 
and Aleutian Islands Crab Rationalization Program. RIN 0648-BA11 (76 FR 
35781; June 20, 2011). NMFS issued regulations to implement Amendment 
37 to the Fishery Management Plan for Bering Sea/Aleutian Islands King 
and Tanner Crabs FMP. This action amended the Bering Sea/Aleutian 
Islands Crab Rationalization Program by establishing a process for 
eligible contract signatories to request that NMFS exempt holders of 
West-designated individual fishing quota (IFQ) and individual processor 
quota (IPQ) in the Western Aleutian Islands golden king crab fishery 
from the West regional delivery requirements. Federal regulations 
require West-designated golden king crab IFQ to be delivered to a 
processor in the West region of the Aleutian Islands with an exact 
amount of unused West-designated IPQ. However, sufficient processing 
capacity may not be available each season. This rule was necessary to 
prevent disruption to the Western Aleutian Islands golden king crab 
fishery, while providing for the sustained participation of 
municipalities in the region. This action was intended to promote the 
goals and objectives of the MSA, the FMP, and other applicable law.
    10. Atlantic Highly Migratory Species (HMS): Atlantic Bluefin Tuna 
Quotas and Atlantic Tuna Fisheries Management Measures. RIN 0648-BA65 
(76 FR 39019; July 5, 2011). NMFS modified Atlantic bluefin tuna (BFT) 
base quotas for all domestic fishing categories; established BFT quota 
specifications for the 2011 fishing year; reinstated pelagic longline 
target catch requirements for retaining BFT in the Northeast Distant 
Gear Restricted Area (NED); amended the Atlantic tunas possession-at-
sea and landing regulations to allow removal of Atlantic tunas tail 
lobes; and clarified the transfer-at-sea regulations for Atlantic 
tunas. This action was necessary to implement recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and 
to achieve domestic management objectives under the MSA.
    11. Atlantic Highly Migratory Species: Modification of the 
Retention of Incidentally-Caught Highly Migratory Species in Atlantic 
Trawl Fisheries. RIN 0648-BA45 (76 FR 49368; August 10, 2011). This 
final rule modified the permitting requirements and retention limits 
for Atlantic HMS that were incidentally-caught in Atlantic trawl 
fisheries. This action reduced regulatory dead discards of 
incidentally-caught Atlantic swordfish in the Illex squid trawl fishery 
by establishing a new Incidental HMS Squid Trawl permit for all valid 
Illex squid moratorium permit holders. The Incidental HMS Squid Trawl 
permit allowed up to 15 swordfish per trip to be retained. The final 
rule also established a retention limit for smoothhound sharks in all 
Atlantic trawl fisheries. These actions were necessary to achieve 
domestic management objectives under the MSA, and implemented the 2006 
Consolidated HMS Fishery Management Plan (Consolidated HMS FMP), which 
included objectives in the FMP to monitor and control all components of 
fishing mortality, both directed and incidental, so as to ensure the 
long-term sustainability of HMS stocks, and to provide the data 
necessary for assessing HMS fish stocks and managing HMS, including 
addressing inadequacies in current data collection and the ongoing 
collection of economic and bycatch data in Atlantic HMS fisheries.
    12. Atlantic Highly Migratory Species: Atlantic Shark Management 
Measures. RIN 0648-BA69 (76 FR 53652; August 29, 2011). NMFS 
implemented the ICCAT recommendations 10-07 and 10-08, which prohibited 
the retention, transshipping, landing, storing, or selling of 
hammerhead sharks in the family Sphyrnidae (except for Sphyrna tiburo) 
and oceanic whitetip sharks (Carcharhinus longimanus) caught in 
association with ICCAT fisheries. This rule affected the commercial HMS 
pelagic longline (PLL) fishery and recreational fisheries for tunas, 
swordfish, and billfish in the Atlantic Ocean, including the Caribbean 
Sea and Gulf of Mexico. This action implemented ICCAT recommendations, 
consistent with the ATCA, and furthers domestic management objectives 
under the MSA.
    13. Fisheries of Northeastern United States: Atlantic Herring 
Fishery; Regulatory Amendment. RIN 0648-BA79 (76 FR 54385; September 1, 
2011). NMFS revised the reporting requirements for vessels issued 
Atlantic herring (herring) permits, because more timely catch 
information was necessary to monitor herring catch against the stock-
wide herring ACL and herring management area sub-ACLs, to help prevent 
sub-ACLs overages and the chance of premature fishery closures.

[[Page 60082]]

This action required limited access herring vessels to report catch 
daily via vessel monitoring systems (VMS), open access herring vessels 
to report catch weekly via the interactive voice response system, and 
all herring-permitted vessels to submit vessel trip reports weekly.
    14. Fisheries of the Northeastern United States: Atlantic Deep-Sea 
Red Crab; Amendment 3. RIN 0648-BA22 (76 FR 60379 September 29, 2011). 
This final rule implemented measures that were approved in Amendment 3 
to the Atlantic Deep-Sea Red Crab FMP. The New England Fishery 
Management Council developed Amendment 3 to bring the FMP into 
compliance with the ACL and AM requirements of the MSA. This rule 
established the mechanisms for specifying an ACL and AMs and set the 
TAL for red crab for the 2011-2013 FY. NMFS disapproved two proposed 
measures in Amendment 3. This final rule implemented additional 
management measures to promote efficiency in the red crab fishery.
    15. Fishing Capacity Reduction Program for the Southeast Alaska 
Purse Seine Salmon Fishery. RIN 0648-BA13 (76 FR 61985, October 6, 
2011). NMFS established regulations to implement a fishing capacity 
reduction (buyback) program and an industry fee system to repay a 
$23,476,500 loan for the Southeast Alaska Purse Seine Salmon Fishery 
(Reduction Fishery). The fee system involves future landings of the 
Reduction Fishery. This action's intent was to permanently reduce the 
most fishing capacity at the least cost and establish the fee system. 
This action was conducted by NMFS under the authority of the MSA.
    16. Endangered and Threatened Species: Designation of Critical 
Habitat for the Southern Distinct Population Segment of Eulachon. RIN 
0648-XF87 (76 FR 65324; October 20, 2011). NMFS issued a final rule to 
designate critical habitat for the southern DPS of Pacific eulachon 
(Thaleichthys pacificus), pursuant to section 4 of the ESA. NMFS 
designated 16 specific areas as critical habitat within the states of 
California, Oregon, and Washington. The designated areas were a 
combination of freshwater creeks and rivers and their associated 
estuaries, comprising approximately 539 km (335 mi) of habitat. The 
Tribal lands of four Indian Tribes were excluded from designation after 
the evaluation of the impacts of designation and benefits of exclusion 
associated with Tribal land ownership and management by the Tribes. No 
areas were excluded from designation based on economic impacts. This 
final rule responded to and incorporated public comments received on 
the proposed rule and supporting documents, as well as peer reviewer 
comments received on our draft biological report and draft economic 
report.
    17. Endangered and Threatened Wildlife and Plants: Designation of 
Critical Habitat for Black Abalone. RIN 0648-AY62 (76 FR 66806; October 
27, 2011). NMFS designated critical habitat for the endangered black 
abalone under the ESA. This designation included approximately 360 
km\2\ of rocky intertidal and subtidal habitat within five segments of 
the California coast between the Del Mar Landing Ecological Reserve to 
the Palos Verdes Peninsula, as well as on the Farallon Islands, 
A[ntilde]o Nuevo Island, San Miguel Island, Santa Rosa Island, Santa 
Cruz Island, Anacapa Island, Santa Barbara Island, and Santa Catalina 
Island. This designation included rocky intertidal and subtidal 
habitats from the mean higher high water (MHHW) line to a depth of -6 
meters (m) (relative to the mean lower low water (MLLW) line), as well 
as the coastal marine waters encompassed by these areas. NMFS did not 
designate the specific area from Corona Del Mar State Beach to Dana 
Point, California, because they concluded that the economic benefits of 
exclusion from the critical habitat designation outweigh the benefits 
of inclusion and that exclusion of this specific area would not result 
in the extinction of the species. NMFS also concluded that two of the 
specific areas proposed for designation (San Nicolas Island and San 
Clemente Island) were no longer eligible for designation, based on 
determinations that the U.S. Navy's revised integrated natural resource 
management plans (INRMPs) for these areas provide benefits to black 
abalone.
    18. Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea 
and Aleutian Islands Management Area; Limited Access Privilege Program. 
RIN 0648-BA18 (76 FR 68354; November 4, 2011). NMFS issued regulations 
implementing Amendment 93 to the FMP for Groundfish of the Bering Sea 
and Aleutian Islands Management Area. These regulations amended the 
Bering Sea and Aleutian Islands Amendment 80 Program to modify the 
criteria for forming and participating in a harvesting cooperative. 
This action was necessary to encourage greater participation in 
harvesting cooperatives, which enable members to more efficiently 
target species, avoid areas with undesirable bycatch, and improve the 
quality of products produced. This action was intended to promote the 
goals and objectives of the MSA, the FMP, and other applicable law.
    19. Fisheries of the Northeastern United States: Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 11. RIN 0648-AX05 (76 FR 
68642; November 7, 2011). NMFS implemented approved measures in 
Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish Fishery 
Management Plan, developed by the Mid-Atlantic Fishery Management 
Council. The approved measures included: A tiered limited access 
program for the Atlantic mackerel fishery; an open access incidental 
catch permit for mackerel; an update to essential fish habitat 
designations for all life stages of mackerel, longfin squid, Illex 
squid, and butterfish; and the establishment of a recreational 
allocation for mackerel. This action was conducted by NMFS under the 
authority of the MSA.
    20. Fisheries of Exclusive Economic Zone Off Alaska: Revisions to 
Pacific Cod Fishing in Parallel Fishery in Bering Sea and Aleutian 
Islands Management Area. RIN 0648-AY65 (76 FR 73513; November 29, 
2011). NMFS issued regulations to limit access of federally permitted 
pot and hook-and-line catcher/processors (C/Ps) to the Pacific cod 
fishery in Alaska State waters within three nautical miles of shore 
adjacent to the Bering Sea and Aleutian Islands management area (BSAI). 
The affected fishery is commonly known as the ``parallel'' fishery. The 
parallel fishery is managed by the State of Alaska concurrent with the 
Federal pot and hook-and-line fishery for Pacific cod in the BSAI. This 
rule limited access by federally permitted vessels to the parallel 
fishery for Pacific cod in three ways. First, it required an owner of a 
federally permitted pot or hook-and-line C/P vessel used to catch 
Pacific cod in the State of Alaska parallel fishery to be issued the 
same endorsements on his or her Federal fisheries permit (FFP) or 
license limitation program (LLP) license as currently were required for 
catching Pacific cod in the Federal waters of the BSAI. Second, it 
provided that the owner of a pot or hook-and-line C/P vessel who 
surrenders an FFP would not be reissued a new FFP for that vessel 
within the 3-year term of the permit. Third, it required an operator of 
any federally permitted pot or hook-and-line C/P vessel used to catch 
Pacific cod in the parallel fishery to comply with the same seasonal 
closures of Pacific cod that apply in the Federal fishery. These three 
measures were necessary to limit some C/Ps from catching a greater 
amount of Pacific cod in the parallel fishery than has been allocated 
to their sector from the BSAI

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total allowable catch. Maintaining Pacific cod catch amounts within 
BSAI sector allocations also would reduce the potential for shortened 
Pacific cod seasons for C/Ps in the Federal fishery. These three 
measures would improve the effectiveness of NMFS' catch accounting and 
monitoring requirements on vessels participating in the parallel 
fishery. This action was intended to promote the goals and objectives 
of the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area, the MSA, and other applicable laws.
    21. Atlantic Highly Migratory Species: Adjustments to the Atlantic 
Bluefin Tuna General and Harpoon Category Regulations. RIN 0648-AX85 
(76 FR 74003; November 30, 2011). NMFS adjusted the Atlantic BFT 
fishery regulations to: Increase the General category maximum daily 
retention limit; allow the General category season to remain open until 
the January subquota was reached, or March 31, whichever happens first; 
and increase the Harpoon category daily incidental retention limit. 
This action was intended to enable more thorough utilization of the 
available U.S. BFT quota for the General and Harpoon (commercial 
handgear) categories; minimize bycatch and bycatch mortality to the 
extent practicable; expand fishing opportunities for participants in 
the commercial winter General category fishery; and increase NMFS' 
flexibility for setting the General category retention limit depending 
on available quota. This action was conducted by NMFS under the 
authority of the MSA.
    22. Fisheries of the Exclusive Economic Zone Off Alaska: Pacific 
Cod Allocations in the Gulf of Alaska; Amendment 83. RIN 0648-AY53 (76 
FR 74670; December 1, 2011). NMFS published regulations to implement 
Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA). Amendment 83 allocated Western and Central GOA Pacific 
cod TAC limits among various gear and operational sectors. Sector 
allocations limit the amount of Western and Central GOA Pacific cod 
that each sector was authorized to harvest. This action reduced 
competition among sectors and supported stability in the Pacific cod 
fishery. This rule limited access to the Federal Pacific cod TAC 
fisheries prosecuted in State of Alaska waters, commonly known as the 
parallel fishery, adjacent to the Western and Central GOA. This action 
was intended to promote community participation and provide incentives 
for new entrants in the jig sector. It also promoted the goals and 
objectives of the MSA, the Fishery Management Plan, and other 
applicable laws.
    23. Atlantic Highly Migratory Species: Vessel Monitoring Systems. 
RIN 0648-BA64 (76 FR 75492; December 2, 2011). NMFS finalized 
requirements for fishermen to replace currently required Mobile 
Transmitting Unit (MTU) VMS units with Enhanced Mobile Transmitting 
Unit (E-MTU) VMS in Atlantic HMS fisheries. The key difference between 
MTU and E-MTU VMS units was that the E-MTU VMS units were capable of 
two-way communication. The purpose of this final action was to 
facilitate enhanced communication with HMS vessels at sea, provide HMS 
fishery participants with an additional means of sending and receiving 
information at sea, ensure that HMS VMS units are consistent with the 
current VMS technology and type approval requirements that apply to 
newly installed units, and to provide NMFS enforcement with additional 
information describing gear onboard and target species. This rule 
affected all HMS PLL, bottom longline (BLL), and shark gillnet 
fishermen who are currently required to have VMS onboard their vessels. 
This action was conducted by NMFS under the authority of the MSA.
    24. Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish 
of the Gulf of Alaska; Amendment Fisheries of the Exclusive Economic 
Zone Off Alaska: Groundfish of the Gulf of Alaska; Amendment 88. RIN 
0648-BA97 (76 FR 81248; December 27, 2011). This final rule implemented 
Amendment 88 to the FMP for Groundfish of the Gulf of Alaska (GOA FMP). 
Amendment 88 was the Central Gulf of Alaska Rockfish Program (Rockfish 
Program). These regulations allocated exclusive harvest privileges to a 
specific group of license limitation program license holders who used 
trawl gear to target Pacific ocean perch, pelagic shelf rockfish, and 
northern rockfish during particular qualifying years. The Rockfish 
Program retained the conservation, management, safety, and economic 
gains realized under the Central Gulf of Alaska Rockfish Pilot Program 
(Pilot Program) and resolved identified issues in the management and 
viability of the rockfish fisheries. This action was necessary to 
replace particular Pilot Program regulations that were scheduled to 
expire at the end of 2011. This action was intended to promote the 
goals and objectives of the MSA, the GOA FMP, and other applicable law.
    25. Endangered and Threatened Species: Critical Habitat Designation 
for Endangered Leatherback Sea Turtle. RIN 0648-AX06 (77 FR 4170; 
January 26, 2012). NMFS issued a final rule to revise the current 
critical habitat for the leatherback sea turtle (Dermochelys coriacea) 
by designating additional areas within the Pacific Ocean. This 
designation included approximately 16,910 mi\2\ (43,798 km\2\) 
stretching along the California coast from Point Arena to Point 
Arguello east of the 3,000 meter depth contour; and 25,004 mi\2\ 
(64,760 km\2\) stretching from Cape Flattery, Washington to Cape 
Blanco, Oregon east of the 2,000 meter depth contour. The designated 
areas comprised approximately 41,914 mi\2\ (108,558 km\2\) of marine 
habitat and include waters from the ocean surface down to a maximum 
depth of 262 feet (80 m). Other Pacific waters within the U.S. 
Exclusive Economic Zone (EEZ) were evaluated based on the geographical 
area occupied by the species, but NMFS determined that they were not 
eligible for designation, as they did not contain the feature 
identified as essential to the conservation of the species. The total 
estimated annualized economic impact associated with this designation 
was estimated to range between $188,000 and $9.1 million U.S. dollars. 
This action was conducted by NMFS under the authority of the ESA.
    26. Fisheries of Exclusive Economic Zone Off Alaska: Chinook Salmon 
Bycatch Management in Bering Sea Pollock Fishery; Economic Data 
Collection. RIN 0648-BA80 (77 FR 5389; February 3, 2012). NMFS issued a 
final rule to implement the Chinook Salmon Economic Data Report 
Program, which would evaluate the effectiveness of Chinook salmon 
bycatch management measures for the Bering Sea pollock fishery that 
were implemented under Amendment 91 to the FMP for Groundfish of the 
Bering Sea and Aleutian Islands Management Area. Members of the 
American Fisheries Act catcher vessels, catcher/processor, and 
mothership sectors as well as representatives for the six western 
Alaska Community Development Quota Program organizations that were 
receiving allocations of Bering Sea pollock would submit the data 
collected for this program. This rule was intended to promote the goals 
and objectives of the FMP, the MSA, and other applicable law.
    27. Fisheries of Exclusive Economic Zone Off Alaska: Community 
Development Quota Program. RIN 0648-AV33 (77 FR 6492; February 8, 
2012). NMFS issued regulations that govern fisheries managed under the 
Western Alaska Community Development Quota (CDQ) Program. These 
revisions were needed to comply with certain changes

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made to the MSA in 2006. Changes included revision to regulations 
associated with recordkeeping, vessel licensing, catch retention 
requirements, and fisheries observer requirements to ensure that they 
were no more restrictive than the regulations in effect for comparable 
non-CDQ fisheries managed under individual fishing quotas or 
cooperative allocations. In addition, NMFS removed CDQ Program 
regulations that were inconsistent with the MSA, including regulations 
associated with the CDQ allocation process, the transfer of groundfish 
CDQ and halibut prohibited species quota, and the oversight of CDQ 
groups' expenditures. This action was conducted by NMFS under the 
authority of the MSA.
    28. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery; Framework Adjustment 47. RIN 0648-BB62 (77 FR 
26104; May 2, 2012). NMFS approved Framework Adjustment 47 (Framework 
47) to NE Multispecies FMP and implemented the approved measures. The 
New England Fishery Management Council developed and adopted Framework 
47 based on the biennial review process established in the NE 
Multispecies FMP to develop ACLs and revise management measures 
necessary to rebuild overfished groundfish stocks and achieve the goals 
and objectives of the FMP. This action also implemented management 
measures and revised existing regulations that were not included in 
Framework 47, including common pool management measures for fishing 
year (FY) 2012, modification of the Ruhle trawl definition, and 
clarification of the regulations for charter/party and recreational 
groundfish vessels fishing in groundfish closed areas. This action was 
intended to prevent overfishing, rebuild overfished stocks, achieve OY, 
and ensure that management measures were based on the best available 
scientific information at the time Framework 47 was submitted. This 
action was conducted by NMFS under the authority of the MSA.
    29. Fisheries of the Exclusive Economic Zone Off Alaska: Pacific 
Halibut and Sablefish Individual Fishing Quota Program. RIN 0648-AX91 
(77 FR 29556; May 18, 2012). NMFS issued a final rule to modify the IFQ 
Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and 
Sablefish in Waters in and off Alaska (IFQ Program) by revoking quota 
share (QS) that had been inactive since they were originally issued in 
1995. Inactive QS were those held by persons that have never harvested 
their IFQ and had never transferred QS or IFQ into or out of their IFQ 
accounts. This action was necessary to achieve the catch limit from the 
halibut fisheries and optimum yield from the sablefish fisheries in 
Alaska in accordance with National Standard 1 of the MSA and to achieve 
more efficient use of these species. The intended effect was to promote 
the management provisions in the Northern Pacific Halibut Act of 1982, 
the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area, and the Fishery Management Plan for 
Groundfish of the Gulf of Alaska.
    30. Atlantic Coastal Fisheries Cooperative Management Act 
Provisions: American Lobster Fishery. RIN 0648-BA56 (77 FR 32420; June 
1, 2012). This rule implemented new Federal American lobster 
regulations that limited entry into the lobster trap fishery in Lobster 
Conservation Management Area 1 (Area 1), located in the Federal inshore 
waters of the Gulf of Maine. Eligibility was based on specific 
eligibility criteria designed to identify active Federal Area 1 lobster 
trap permits. If a permit met the eligibility criteria, the permit 
holder was authorized to fish in the Federal waters of Area 1 with up 
to 800 lobster traps. The limited entry program responded to the 
recommendations for Federal action in the Atlantic States Marine 
Fisheries Commission's Interstate Fishery Management Plan for American 
Lobster.
    31. Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: 
Snapper-Grouper Fishery off Southern Atlantic States; Amendment 18A. 
RIN 0648-BB56 (77 FR 32408; June 1, 2012). NMFS issued this final rule 
to implement Amendment 18A to the FMP for the Snapper-Grouper Fishery 
of the South Atlantic Region (Amendment 18A), as prepared and submitted 
by the South Atlantic Fishery Management Council. This rule modified 
the current system of accountability measures for black sea bass, 
limited effort in the black sea bass segment of the snapper-grouper 
fishery, and improved fisheries data in the for-hire sector of the 
snapper-grouper fishery. Amendment 18A also updated the rebuilding plan 
and modified the ABC for black sea bass. The rule established a 
spawning season closure for black sea bass. It also modified the 
rebuilding strategy, ABC, ACL and ACT for black sea bass; modified the 
current commercial and/or recreational size limits; established a 
commercial trip limit for black sea bass; and limited participation in 
the black sea bass pot segment of the snapper grouper fishery through 
an endorsement program. The rule also established an appeals process 
for fishermen excluded from the black sea bass pot endorsement program. 
This final rule was intended to reduce overcapacity in the black sea 
bass segment of the snapper-grouper fishery and improve data reporting 
in the commercial and for-hire sectors of the snapper grouper fishery. 
This action was conducted by NMFS under the authority of the MSA.
    32. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery; Exempted Fishery for Southern New England Skate 
Bait Trawl Fishery. RIN 0648-BB35 (77 FR 38738; June 29, 2012). This 
final rule modified the regulations implementing the NE Multispecies 
FMP to allow vessels issued a Federal skate permit and a Skate Bait 
Letter of Authorization to fish for skates in a portion of southern New 
England (SNE) from July 1 through October 31 of each year, outside of 
the NE multispecies DAS program. This action allowed vessels to harvest 
skates in a manner that is consistent with the bycatch reduction 
objectives of the NE Multispecies FMP. This action was conducted by 
NMFS under the authority of the MSA.
    33. Fisheries of the Exclusive Economic Zone Off Alaska: Chinook 
Salmon Bycatch Management in the Gulf of Alaska Pollock Fishery; 
Amendment 93. RIN 0648-BB24 (77 FR 42629; July 20, 2012). NMFS 
published regulations to implement Amendment 93 to the FMP for 
Groundfish of the Gulf of Alaska. The regulations apply exclusively to 
the directed pollock trawl fisheries in the Central and Western 
Reporting Areas of the GOA (Central and Western GOA). Amendment 93 
established separate prohibited species catch (PSC) limits in the 
Central and Western GOA for Chinook salmon (Oncorhynchus tshawytscha), 
which would cause NMFS to close the directed pollock fishery in the 
Central or Western regulatory areas of the GOA, if the applicable limit 
was reached. This action also required retention of salmon by all 
vessels in the Central and Western GOA pollock fisheries until the 
catch was delivered to a processing facility where an observer was 
provided the opportunity to count the number of salmon and to collect 
scientific data or biological samples from the salmon. This action made 
several revisions to the Prohibited Species Donation (PSD) program. 
Amendment 93 was intended to promote the goals and objectives of the 
MSA, the FMP, and other applicable laws.
    34. Atlantic Highly Migratory Species: Electronic Dealer Reporting 
Requirements. RIN 0648-BA75 (77 FR 47303; August 8, 2012). This final 
rule required that Federal Atlantic

[[Page 60085]]

swordfish, shark, and tuna dealers report receipt of Atlantic sharks, 
swordfish, and bigeye, albacore, skipjack, and yellowfin (BAYS) tunas 
to NMFS through an electronic reporting system on a weekly basis. 
Atlantic HMS dealers would not be required to report bluefin tuna 
through this electronic reporting system, as a separate reporting 
system was in place for this species. This final rule changed the 
current definition of who was considered an Atlantic HMS dealer and 
required Atlantic HMS dealers to submit dealer reports to NMFS in a 
timely manner in order to be able to purchase commercially-harvested 
Atlantic sharks, swordfish, and BAYS tunas. Any delinquent reports 
would need to be submitted by the dealer and received by NMFS before a 
dealer could purchase commercially-harvested Atlantic sharks, 
swordfish, and BAYS tunas from a fishing vessel. These measures were 
necessary to ensure timely and accurate reporting, which was critical 
for quota monitoring and management of these species. This action was 
conducted by NMFS under the authority of the MSA.
    35. Second Fishing Capacity Reduction Program: Longline Catcher 
Processor Subsector of Bering Sea and Aleutian Islands Non-pollock 
Groundfish Fishery. RIN 0648-BB06 (77 FR 58775; September 24, 2012). 
NMFS established regulations to implement a second fishing capacity 
reduction program (also commonly known as ``buyback'') and an industry 
fee system to repay a $2.7 million loan for a single latent permit 
within the Longline Catcher Processor Subsector of the Bering Sea and 
Aleutian Islands (BSAI) non-pollock groundfish fishery (Reduction 
Fishery). The purpose of this action was to permanently reduce the 
greatest amount of fishing capacity at the least cost. This was 
intended to result in increased harvesting productivity for the permit 
holders remaining in the fishery. The loan for this program was added 
to the previous program loan of $35,700,000 authorized by the FY 2005 
Appropriations Act. For purposes of this regulation, the terms license 
and permit were used interchangeably. This action was conducted by NMFS 
under the authority of the MSA and other applicable laws.
    36. Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea 
and Aleutian Islands Management Area; Amendment 97. RIN 0648-BB18 (77 
FR 59852, October 1, 2012). This final rule implemented Amendment 97 to 
the FMP for Groundfish of the Bering Sea and Aleutian Islands 
Management Area. Amendment 97 allowed the owner of a trawl catcher/
processor vessel authorized to participate in the Amendment 80 catch 
share program to replace that vessel with a vessel that meets certain 
requirements. This action established the regulatory process for 
replacement of vessels in the Amendment 80 fleet and the requirements 
for Amendment 80 replacement vessels, such as a limit on the overall 
length of a replacement vessel, a prohibition on the use of an American 
Fisheries Act (AFA) vessel as a replacement vessel, measures to prevent 
a replaced vessel from participating in Federal groundfish fisheries 
off Alaska that are not Amendment 80 fisheries, and measures that 
extend specific catch limits (known as Amendment 80 sideboards) to a 
replacement vessel. This action was necessary to promote safety-at-sea 
by allowing Amendment 80 vessel owners to replace their vessels for any 
reason at any time and by requiring replacement vessels to meet certain 
U.S. Coast Guard vessel safety standards, and to improve the retention 
and utilization of groundfish catch by these vessels by facilitating an 
increase in the processing capabilities of the fleet. This action was 
intended to promote the goals and objectives of the MSA, the FMP, and 
other applicable laws.
    37. Atlantic Highly Migratory Species: Silky Shark Management 
Measures. RIN 0648-BB96 (77 FR 60632; October 4, 2012). NMFS 
implemented the ICCAT Recommendation 11-08, which prohibits retaining, 
transshipping, or landing of silky sharks (Carcharhinus falciformis) 
caught in association with ICCAT fisheries. In order to facilitate 
domestic compliance and enforcement, NMFS also prohibited the storing, 
selling, and purchasing of the species. This rule primarily affected 
the commercial Atlantic HMS pelagic longline fishery for tuna and tuna-
like species in the Atlantic Ocean, including the Caribbean Sea and 
Gulf of Mexico. This rule did not affect commercial fishermen fishing 
for sharks with bottom longline, gillnet, or handgear, and it does not 
further affect recreational fishermen because harvesting silky sharks 
was already prohibited in the recreational fishery. This action 
implemented the ICCAT recommendation, consistent with the ATCA, and 
furthers domestic management objectives under the MSA.
    38. Groundfish Fisheries of the Exclusive Economic Zone off Alaska 
and Pacific Halibut Fisheries: Observer Program. RIN 0648-BB42 (77 FR 
70062; November 21, 2012). This final rule implemented Amendment 86 to 
the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area and Amendment 76 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (Amendments 86/
76). Amendments 86/76 add a funding and deployment system for observer 
coverage to the existing North Pacific Groundfish Observer Program 
(Observer Program) and amend existing observer coverage requirements 
for vessels and processing plants. The new funding and deployment 
system allowed NMFS to determine when and where to deploy observers 
according to management and conservation needs, with funds provided 
through a system of fees based on the ex-vessel value of groundfish and 
halibut in fisheries covered by the new system. This action was 
necessary to resolve data quality and cost equity concerns with the 
Observer Program's existing funding and deployment structure. This 
action was intended to promote the goals and objectives of the MSA, the 
Northern Pacific Halibut Act of 1982, the fishery management plans, and 
other applicable law.
    39. Taking of Marine Mammals Incidental to Commercial Fishing 
Operations: False Killer Whale Take Reduction Plan. RIN 0648-BA30 (77 
FR 71260; November 29, 2012). The final rule issued the False Killer 
Whale Take Reduction Plan (FKWTRP), and regulatory measures and non-
regulatory measures and recommendations to reduce mortalities and 
serious injuries of false killer whales in Hawaii-based longline 
fisheries. Regulatory measures include gear requirements, longline 
prohibited areas, training and certification in marine mammal handling 
and release, captains' supervision of marine mammal handling and 
release, and posting of NMFS-approved placards on longline vessels. In 
this rule, NMFS also recommended research and data collection programs. 
This final rule also revised the boundaries of the longline prohibited 
area around the main Hawaiian Islands to be consistent with the 
prohibited area established under the FKWTRP regulations. The FKWTRP 
was based on consensus recommendations submitted to NMFS by the False 
Killer Whale Take Reduction Team (Team), with certain modifications 
described herein that were determined to be necessary to meet the 
requirements of the MMPA. This final rule was necessary because current 
mortality and serious injury levels of the Hawaii Pelagic and Hawaii 
Insular stocks of false killer whales incidental to the Hawaii-based 
pelagic longline fisheries are above the stocks' potential biological 
removal (PBR) levels, and are

[[Page 60086]]

therefore inconsistent with the short- and long-term goals of the 
Marine Mammal Protection Act (MMPA). The FKWTRP was intended to meet 
the requirements of the MMPA.
    40. International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species: Transshipping, Bunkering, Reporting, and 
Purse Seine Discard Requirements. RIN 0648-BA85 (77 FR 71501; December 
3, 2012). NMFS issued regulations under the authority of the Western 
and Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act) to implement requirements for U.S. fishing vessels 
used for commercial fishing that offload or receive transshipments of 
HMS, U.S. fishing vessels used for commercial fishing that provide 
bunkering or other support services to fishing vessels, and U.S. 
fishing vessels used for commercial fishing that receive bunkering or 
engage in other support services, in the area of application of the 
Convention on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Convention). Some of 
the requirements also applied to transshipments of fish caught in the 
area of application of the Convention (Convention Area) and 
transshipped elsewhere. NMFS also issued requirements regarding 
notification of entry into and exit from the ``Eastern High Seas 
Special Management Area'' (Eastern SMA) and requirements relating to 
discards from purse seine fishing vessels. This action was necessary 
for the United States to implement decisions of the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Commission or WCPFC) and to satisfy 
its obligations under the Convention, to which it is a Contracting 
Party.
    41. Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery: 2013-2014 Biennial Specifications and Management Measures. RIN 
0648-BC35 (78 FR 580; January 3, 2013). This final rule established the 
2013-2014 harvest specifications and management measures for groundfish 
taken in the U.S. exclusive economic zone off the coasts of Washington, 
Oregon, and California consistent with the MSA and the PCGFMP. This 
final rule also revised the collection of management measures in the 
groundfish fishery regulations that are intended to keep the total 
catch of each groundfish species or species complex within the harvest 
specifications.
    42. Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea 
and Aleutian Islands Management Area; Groundfish Retention Standard. 
RIN 0648-BA93 (78 FR 12627; February 25, 2013). NMFS published a 
regulatory amendment to modify the groundfish retention standard (GRS) 
program in the Bering Sea and Aleutian Islands Management Area (BSAI). 
This final rule removed certain regulatory requirements that mandate 
minimum levels of groundfish retention by the owners and operators of 
trawl catcher/processor (C/P) vessels not listed in the AFA, commonly 
referred to as either non-AFA trawl C/Ps or Amendment 80 vessels, and 
Amendment 80 cooperatives participating in the BSAI groundfish 
fisheries. The GRS program was implemented to increase the retention 
and utilization of groundfish; however, NMFS discovered that the 
regulatory methodology used to calculate compliance with the GRS 
requires individual Amendment 80 vessels and Amendment 80 cooperatives 
to retain groundfish at rates well above the minimum retention rates 
recommended by the Council or implemented by NMFS. As a result, the GRS 
imposed significantly higher than predicted compliance costs on vessel 
owners and operators due to the increased level of retention needed to 
meet the minimum retention rates. Additionally, NMFS discovered that 
enforcement of the GRS had proven far more complex, challenging, and 
potentially costly than anticipated by NMFS. This action was necessary 
to relieve Amendment 80 vessels and Amendment 80 cooperatives from 
undue compliance costs stemming from the minimum retention rates while 
continuing to promote the GRS program goals of increased groundfish 
retention and utilization. This action maintained current monitoring 
requirements for the Amendment 80 fleet and established a new 
requirement for Amendment 80 cooperatives to annually report groundfish 
retention performance as part of the report submitted to NMFS. This 
action was intended to promote the goals and objectives of the MSA, the 
fishery management plan, and other applicable law.
    43. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery Management Plan; Amendment 19. RIN 0648-BC48 (78 
FR 20260; April 4, 2013). This final rule implemented Amendment 19 to 
the Northeast Multispecies Fishery Management Plan. The New England 
Fishery Management Council developed Amendment 19 to modify management 
measures that governed the small-mesh multispecies fishery, including 
the accountability measures, the year-round possession limits, and 
total allowable landings process. Amendment 19 was approved by NMFS on 
January 15, 2013. This action was conducted by NMFS under the authority 
of the MSA.
    44. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 
Snapper-Grouper Fishery off Southern Atlantic States; Amendment 18B. 
RIN 0648-BB58 (78 FR 23858; April 23, 2013). NMFS issued this final 
rule to implement management measures described in Amendment 18B to the 
FMP for the Snapper-Grouper Fishery of the South Atlantic Region 
(Amendment 18B), as prepared by the South Atlantic Fishery Management 
Council. This final rule: Established a longline endorsement program 
for the commercial golden tilefish component of the snapper-grouper 
fishery; established initial eligibility requirements for a golden 
tilefish longline endorsement; established an appeals process; 
allocated the commercial golden tilefish ACL among gear groups; 
established a procedure for the transfer of golden tilefish 
endorsements; and modified the golden tilefish trip limits; and 
established a trip limit for commercial fishermen who did not receive a 
golden tilefish longline endorsement. The intent of this rule was to 
reduce overcapacity in the commercial golden tilefish component of the 
snapper-grouper fishery. This action was conducted by NMFS under the 
authority of the MSA.
    45. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery. RIN 0648-BC27 78 FR 26118; May 3, 2013). This 
rule announced that NMFS partially approved Framework Adjustment 48 to 
the NE Multispecies FMP and implemented the approved measures in the 
regulations. Framework 48 was the first of two parallel and related 
actions developed by the New England Fishery Management Council to 
respond to updated stock status information and to adjust other 
management measures in the NE multispecies (groundfish) fishery 
beginning in FY 2013. This action implemented new status determination 
criteria for GOM cod, GB cod, Southern New England/Mid-Atlantic (SNE/
MA) yellowtail flounder, and white hake based on new benchmark 
assessments completed for these stocks in 2012 and 2013. NMFS approved 
and implemented updated status determination criteria for white hake 
through this interim final rule and accepted further comment on this 
measure since it was not available for comment in the Framework 48 
proposed rule. Through this action, NMFS also approved and implemented 
the

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following Framework 48 measures: Elimination of dockside monitoring 
requirements for the groundfish fishery; lower minimum fish sizes for 
several groundfish stocks; clarified goals and performance standard for 
groundfish monitoring programs; revisions to the allocation of GB 
yellowtail flounder to the scallop fishery; and establishment of sub-
ACLs of GB yellowtail flounder and SNE/MA windowpane flounder for the 
scallop and other non-groundfish fisheries. NMFS also approved 
revisions to recreational and commercial accountability measures (AMs), 
including amendments to existing AMs for windowpane flounder, ocean 
pout, and Atlantic halibut, and new ``reactive'' AMs for Atlantic 
wolffish and SNE/MA winter flounder, to address a remand by the U.S. 
District Court of Appeals. NMFS disapproved some measures in Framework 
48: A provision for cost-sharing of monitoring costs between the 
industry and NMFS; a provision to delay industry-funded monitoring to 
FY 2014; finer scale discard rate strata for GB yellowtail flounder; 
and a provision to remove requirements for groundfish trawlers to stow 
their gear when transiting closed areas. Through this interim final 
rule, NMFS also withdrew a proposed correction to the regulations 
specific to monitoring of the Eastern U.S./Canada quotas, and accepted 
additional public comment on this issue. These measures were necessary 
to meet the requirements of the FMP and the MSA, most notably 
preventing overfishing, ensuring that management measures are based on 
the best available science, and mitigating, to the extent practicable, 
potential negative economic impacts from reductions in catch limits 
anticipated for fishing year FY 2013. This action was conducted by NMFS 
under the authority of the MSA.
    46. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery. RIN 0648-BC97 (78 FR 26172; May 3, 2013). NMFS 
partially approved Framework Adjustment 50 (Framework 50) to the NE 
Multispecies FMP, and implemented the approved measures. NMFS also 
implemented three parallel emergency actions to set FY 2013 catch 
limits for GB yellowtail flounder and white hake, and to modify the 
maximum GOM cod carryover available to sectors from FY 2012 to FY 2013. 
Framework 50 set specifications for FYs 2013-2015, including 2013 TACs 
for U.S./Canada stocks, and revised the rebuilding program and 
management measures for Southern New England/Mid-Atlantic (SNE/MA) 
winter flounder. This final rule also implemented FY 2013 management 
measures for the recreational and common pool fisheries and clarified 
how to account for sector carryover for FY 2013 and for FY 2014 and 
beyond. These actions were necessary to prevent overfishing, rebuild 
overfished stocks, achieve OY, and ensure that management measures were 
based on the best available scientific information. This action was 
conducted by NMFS under the authority of the MSA.
    47. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery; Exempted Fishery for the Spiny Dogfish Fishery in 
the Waters East and West of Cape Cod, MA. RIN 0648-BC50 (78 FR 26518; 
May 7, 2013). This interim final rule modified the regulations 
implementing the NE Multispecies FMP to allow vessels fishing with a NE 
Federal spiny dogfish permit to fish in an area east of Cape Cod, MA 
(Eastern Exemption Area) with gillnet and longline gear, from June 
through December and with handgear from June through August, and to 
fish in Cape Cod Bay (Western Exemption Area) with longline gear and 
handgear from June through August. This action allowed vessels to 
harvest spiny dogfish in a manner that is consistent with the bycatch 
reduction objectives of the NE Multispecies FMP. This action was 
conducted by NMFS under the authority of the MSA.
    48. Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea 
and Aleutian Islands Crab Rationalization Program. RIN 0648-BA82 (78 FR 
28523; May 15, 2013). NMFS issued regulations to implement Amendment 41 
to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs. These 
regulations amended the Bering Sea/Aleutian Islands Crab 
Rationalization Program (CR Program) by establishing a process whereby 
holders of regionally designated IFQ and IPQ in six CR Program 
fisheries may receive an exemption from regional delivery requirements 
in the North or South Regions. The six CR Program fisheries were 
Bristol Bay red king crab, Bering Sea snow crab, Saint Matthew Island 
blue king crab, Eastern Aleutian Islands golden king crab, Western 
Aleutian Islands red king crab, and Pribilof Islands red and blue king 
crab. This action was necessary to mitigate disruptions in a CR Program 
fishery that prevented participants from complying with regional 
delivery requirements. This action was intended to promote the goals 
and objectives of the MSA, the FMP, and other applicable law.
    49. Fisheries of the Exclusive Economic Zone Off Alaska: Revised 
Maximum Retainable Amounts of Groundfish; Bering Sea and Aleutian 
Islands. RIN 0648-BA43 (78 FR 29248; May 20, 2013). NMFS issued a 
regulation to increase the maximum retainable amounts (MRAs) of 
groundfish using arrowtooth flounder (Atheresthes stomias) and 
Kamchatka flounder (Atheresthes evermanni) as basis species in the 
Bering Sea and Aleutian Islands management area (BSAI). This action 
allowed the use of BSAI arrowtooth flounder and Kamchatka flounder as 
basis species for the retention of species closed to directed fishing 
and was necessary to improve retention of otherwise marketable 
groundfish in these BSAI fisheries. This action also included four 
regulatory amendments related to harvest management of Kamchatka 
flounder. Two amendments were necessary to account for Kamchatka 
flounder in the same manner as arrowtooth flounder in the BSAI and to 
aid in the recordkeeping, reporting, and catch accounting of flatfish 
in the BSAI. The third amendment was necessary to provide NMFS the 
flexibility to allocate Kamchatka flounder (and other species in the 
future) to the Western Alaska Community Development Quota (CDQ) Program 
in the annual harvest specifications. Through this action, NMFS 
intended to promote the goals and objectives of the MSA, the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area, and other applicable law.
    50. Highly Migratory Species: Atlantic Shark Management Measures; 
Amendment 5a. RIN 0648-BB29 (78 FR 40318; July 3, 2013). The final rule 
implemented the Final Amendment 5a to the 2006 Consolidated Atlantic 
HMSFMP. In developing Amendment 5a to the 2006 Consolidated HMS FMP, 
NMFS examined a full range of management alternatives to maintain 
rebuilding of sandbar sharks; end overfishing and rebuild scalloped 
hammerhead and Atlantic blacknose sharks; and establish a TAC and 
commercial quota and recreational measures for Gulf of Mexico blacknose 
and blacktip sharks, consistent with the MSA, and other applicable 
laws. This final rule implemented the final conservation and management 
measures in Amendment 5a to the 2006 Consolidated HMS FMP for sandbar, 
scalloped hammerhead, blacknose, and Gulf of Mexico blacktip sharks. 
This final rule also announced the revised 2013 annual regional quotas 
for aggregated large coastal sharks (LCS), hammerhead, Gulf of Mexico 
blacktip, blacknose, and non-blacknose small coastal sharks (SCS). 
These changes

[[Page 60088]]

could have affected all commercial and recreational fishermen who fish 
for sharks in the Atlantic Ocean, the Gulf of Mexico, and the Caribbean 
Sea.
    51. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; 
Parrotfish Management Measures in St. Croix. RIN 0648-BC20 (78 FR 
45894; July 30, 2013). NMFS issued this final rule to implement 
management measures described in Regulatory Amendment 4 to the FMP for 
the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands, as 
prepared by the Caribbean Fishery Management Council. This rule 
established minimum size limits for parrotfish in the EEZ off St. Croix 
in the U.S. Virgin Islands. The purpose of this final rule was to 
provide protection from harvest to parrotfish and to assist the stock 
in achieving OY. This action was conducted by NMFS under the authority 
of the MSA.
    52. Highly Migratory Species: 2006 Consolidated Atlantic Highly 
Migratory Species Fishery Management Plan; Amendment 8. RIN 0648-BC31 
(78 FR 52012; August 21, 2013). This final rule implemented Amendment 8 
to the 2006 Consolidated Atlantic HMS FMP. Amendment 8 to the 2006 
Consolidated HMS FMP provided additional opportunities for U.S. 
fishermen to harvest swordfish using selective gears that are low in 
bycatch, given their rebuilt status and increased availability. This 
final rule created new and modified commercial fishing vessel permits 
that allow permit holders to retain and sell a limited number of 
swordfish caught on rod and reel, handline, harpoon, green-stick, or 
bandit gear. Specific management measures under this final action 
included the establishment of a new open access commercial swordfish 
permit, modification of HMS Charter/Headboat permit regulations to 
allow for the commercial retention of swordfish on non-for-hire trips, 
regional swordfish retention limits for the new and modified permits, 
gear authorizations, and reporting requirements. This action was 
conducted by NMFS under the authority of the MSA.
    53. Fisheries of the Northeastern United States: Northeast 
Multispecies Fishery; Framework Adjustment 48, Framework Adjustment 50; 
2013 Sector Operations Plans, Contracts, and Allocation Annual Catch 
Entitlements. RIN 0648-BC27 (78 FR 53363; August 29, 2013). This final 
rule finalized interim measures put in place for the May 1, 2013, start 
of the NE multispecies fishing year. This action was intended to do the 
following: Finalize interim rule measures put in place by FW 48, FW 50, 
and in the 2013 Sector Operations Plan rulemakings; respond to public 
comments received on the interim measures; and notify the public of 
changes being made to Eastern U.S./Canada Area quota monitoring and 
associated reporting requirements. This action was conducted by NMFS 
under the authority of the MSA.
    54. Atlantic Highly Migratory Species: Vessel Monitoring Systems. 
RIN 0648-BD24 (78 FR 68757; November 15, 2013). NMFS modified the 
reporting requirements for vessels required to use VMS units in 
Atlantic HMS fisheries. This final rule required vessel owners or 
operators, who have been issued HMS permits and were required to use 
VMS, to provide hourly position reports 24 hours a day, 7 days a week 
(24/7) via VMS. The final rule also allowed the vessel owners or 
operators of such vessels to declare out of the HMS fishery when not 
fishing for or retaining HMS for a period of time encompassing two or 
more trips. This final action continued to provide NOAA Office of Law 
Enforcement needed information on the target fishery and gear possessed 
in order to facilitate enforcement of closed areas and other HMS 
regulations, while reducing the reporting burden on vessel owners and 
operators. This action brought HMS fisheries regulations in line with 
VMS regulations in other fisheries. This rule affected all owners and/
or operators of permitted vessels that fish for HMS and are required to 
use VMS. This action was conducted by NMFS under the authority of the 
MSA.
    55. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 
Shrimp Fishery of the Gulf of Mexico; Establish Funding 
Responsibilities for the Electronic Logbook Program. RIN 0648-BD41 (78 
FR 78776; December 27, 2013). NMFS established funding responsibilities 
for an upgrade to the shrimp electronic logbook (ELB) program as 
described in a framework action to the FMP for the Shrimp Fishery of 
the Gulf of Mexico, as prepared by the Gulf of Mexico Fishery 
Management Council. Newer and more efficient ELB units have been 
purchased by NMFS for the Gulf shrimp fleet and are available for 
installation on Gulf shrimp vessels. Therefore, NMFS established a 
cost-sharing program to fund the ELB program. NMFS paid for the 
software development, data storage, effort estimation analysis, and 
archival activities for the new ELB units, and selected vessel permit 
holders in the Gulf shrimp fishery paid for installation and 
maintenance of the new ELB units and for the data transmission from the 
ELB units to a NOAA server. The purpose of these changes was to ensure 
that management of the shrimp fishery is based upon the best scientific 
information available and that bycatch is minimized to the extent 
practicable. This action was conducted by NMFS under the authority of 
the MSA.
    56. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 27. 
RIN 0648-BD05 (78 FR 78770; December 27, 2013). NMFS issued this final 
rule to implement Amendment 27 (Amendment 27) 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 
27 and this final rule extended the South Atlantic Council's management 
responsibility for Nassau grouper into the Gulf of Mexico (Gulf) EEZ; 
increased the number of allowable crew members to four on dual-
permitted snapper-grouper vessels (i.e., vessels holding a South 
Atlantic Charter Vessel/Headboat Permit for Snapper-Grouper and a 
commercial South Atlantic Unlimited or a 225-Pound Trip Limit Snapper-
Grouper Permit) that were fishing commercially; removed the prohibition 
on retaining any fish under the aggregate bag limit for grouper and 
tilefish or the vermilion snapper bag limit by captains and crew of 
federally permitted for-hire vessels; modified the snapper-grouper 
framework procedures to allow ABCs, ACLs, and annual catch targets 
(ACTs) to be adjusted via an abbreviated framework process; and removed 
blue runner from the FMP. The purposes of this final rule were to 
streamline management of Nassau grouper, improve vessel safety for 
dual-permitted vessels, implement consistent regulations regarding 
captains and crew retention limits for snapper-grouper species, 
expedite adjustments to snapper-grouper catch limits when new 
scientific information becomes available, and minimize socio-economic 
impacts to fishermen who harvest and sell blue runner. This action was 
conducted by NMFS under the authority of the MSA.

[[Page 60089]]

Availability of Completed Reviews

    NMFS will make available a copy of this notice and the reviews when 
complete to the public at: https://www.fisheries.noaa.gov/national/laws-and-policies/guidance-conducting-economic-and-social-analyses-regulatory-actions.

    Dated: September 17, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-21075 Filed 9-22-20; 8:45 am]
BILLING CODE 3510-22-P