81 FR 51426 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range		51426-51429
FR Document		2016-18521

The Regulatory Flexibility Act (RFA) requires that 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.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51426-51429]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-18521]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapters II, III, IV, V, and VI

RIN 0648-XE742

Plan for Periodic Review of Regulations

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

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: The Regulatory Flexibility Act (RFA) requires that 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 September 6, 2016.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0099, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0099, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Tara Scott, 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: Tara Scott.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous).

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

SUPPLEMENTARY INFORMATION:

Background

The RFA, 5 U.S.C. 601 et seq., 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
of the RFA 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 annually publish a list
of final rules it 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 rule, as well as invite public comment
on the rule.

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

[[Page 51427]]

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
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 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. By December 31, 2016, NMFS will review the following rules
issued during 2009:
1. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 30B. RIN 0648-AV80
(74 FR 17603; April 16, 2009). NMFS issued this final rule to implement
Amendment 30B to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery
Management Council. This final rule established annual catch limits
(ACLs) and accountability measures (AMs) for commercial and
recreational gag, red grouper, and shallow-water grouper (SWG);
established a commercial quota for gag; adjusted the commercial quotas
for red grouper and SWG; removed the commercial closed season for SWG;
established an incidental bycatch allowance trip limit for commercial
gag and red grouper; reduced the commercial minimum size limit for red
grouper; reduced the gag bag limit and the aggregate grouper bag limit;
increased the red grouper bag limit; extended the closed season for
recreational SWG; eliminated the end date for the Madison-Swanson and
Steamboat Lumps marine reserves; and required that federally permitted
reef fish vessels comply with the more restrictive of Federal or state
reef fish regulations when fishing in state waters. In addition,
Amendment 30B established management targets and thresholds for gag
consistent with the requirements of the Sustainable Fisheries Act
(SFA); set the gag and red grouper total allowable catch (TAC); and
established interim allocations for the commercial and recreational gag
and red grouper fisheries. This final rule was intended to end
overfishing of gag and maintain catch levels of red grouper consistent
with achieving optimum yield (OY).
2. Fisheries of the Exclusive Economic Zone off Alaska; Revisions
to the Pollock Trip Limit Regulations in the Gulf of Alaska. RIN 0648-
AW54 (74 FR 18156; April 21, 2009). NMFS issued this final rule to
prohibit a catcher vessel from landing more than 300,000 lb (136 mt) of
unprocessed pollock during a calendar day, and from landing a
cumulative amount of unprocessed pollock from any Gulf of Alaska
reporting area that exceeds 300,000 lb multiplied by the number of
calendar days the pollock fishery is open to directed fishing in a
season. This prevented catcher vessels from circumventing the intent of
then-current trip limit regulations when making deliveries of pollock.
Amending the then-current trip limit regulation to limit a vessel to
300,000 lb of pollock caught in a day allowed for the continued
dispersion of catches of pollock in a manner that is consistent with
the intent of Steller sea lion protection measures in the Gulf of
Alaska. This action was intended to promote the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and
other applicable laws.
3. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Pelagic Longline Take Reduction Plan. RIN 0648-
AV65 (74 FR 23349; May 19, 2009). NMFS determined that the pelagic
longline fishery had a high level of mortality and serious injury
across a number of marine mammal stocks, and issued the final Atlantic
Pelagic Longline Take Reduction Plan (PLTRP) and implemented
regulations to reduce serious injuries and mortalities of pilot whales
and Risso's dolphins in the Atlantic pelagic longline fishery. The
PLTRP was based on consensus recommendations submitted by the Atlantic
Pelagic Longline Take Reduction Team. The PLTRP was intended to meet
the statutory mandates and requirements of the Marine Mammal Protection
Act (MMPA) through both regulatory and non-regulatory measures,
including a special research area, gear modifications, outreach
material, observer coverage, and captains' communications.
4. Endangered and Threatened Species; Designation of Critical
Habitat for Atlantic Salmon (Salmo Salar) Gulf of Maine Distinct
Population Segment. RIN 0648-AW77 (74 FR 29299; June 19, 2009). NMFS
issued a final rule designating critical habitat for the Atlantic
salmon (Salmo salar) Gulf of Maine Distinct Population Segment (GOM
DPS). NMFS previously determined that naturally spawned and several
hatchery populations of Atlantic salmon which constitute the GOM DPS
warranted listing as endangered under the Endangered Species Act of
1973, as amended (ESA). NMFS was required to designate critical habitat
for the GOM DPS as a result of this listing. NMFS designated critical
habitat for 45 specific areas occupied by Atlantic salmon at the time
of listing that comprise approximately 19,571 km of perennial river,
stream, and estuary habitat and 799 square km of lake habitat within
the range of the GOM DPS and in which are found those physical and
biological features essential to the conservation of the species. The
entire occupied range of the GOM DPS in which critical habitat is
designated is within the State of Maine. NMFS excluded approximately
1,256 km of river, stream, and estuary habitat and 100 square km of
lake habitat from critical habitat pursuant to section 4(b)(2) of the
ESA.
5. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 16.
RIN 0648-AW64 (74 FR 30964; June 29, 2009). NMFS issued the final rule
to implement the approved measures of Amendment 16 to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (Amendment 16), as prepared and submitted by the South Atlantic
Fishery Management Council. This final rule established a seasonal
closure of the recreational and commercial fisheries for gag and
associated shallow-water grouper species; established a seasonal
closure of the recreational fishery for vermilion snapper; reduced the
aggregate bag limit for grouper and tilefish; reduced the bag limit for
gag or black grouper combined; reduced the bag limit for vermilion
snapper; prohibited captain and crew of a vessel operating as a charter
vessel or headboat from retaining any fish under the aggregate bag
limit for grouper and tilefish or the vermilion snapper bag limit;
established semiannual quotas for the commercial vermilion snapper
fishery; established a quota for the commercial gag fishery;
established restrictions on the possession, sale, and purchase of gag
and associated shallow-water grouper species after the gag commercial
quota is reached; and required possession of a dehooking device on
board a vessel when fishing

[[Page 51428]]

for South Atlantic snapper-grouper and use of such device as needed to
release fish with a minimum of injury. In addition, Amendment 16, for
both gag and vermilion snapper, revised the definitions of maximum
sustainable yield and OY, specified TAC, and established interim
allocations of TACs for the recreational and commercial sectors.
Amendment 16 also specified a minimum stock size threshold for gag and,
based on the new assessment, for vermilion snapper. The intended
effects of this final rule were to end overfishing of gag and vermilion
snapper, protect shallow-water grouper during their spawning season,
and reduce bycatch mortality of snapper-grouper species in the South
Atlantic, pursuant to the MSA.
6. International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fishing Restrictions and Observer
Requirements in Purse Seine Fisheries for 2009-2011 and Turtle
Mitigation Requirements in Purse Seine Fisheries. RIN 0648-AX60. (74 FR
38544; August 4, 2009). NMFS issued regulations under authority of the
Western and Central Pacific Fisheries Convention Implementation Act
(WCPFC Implementation Act) to implement certain decisions of the
Commission for the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (WCPFC). Those
decisions required that the members of the WCPFC, including the United
States, take certain measures with respect to their purse seine
fisheries in the area of competence of the WCPFC, which included most
of the western and central Pacific Ocean (WCPO). The regulations
included limits on the number of days that may be fished, periods
during which fishing may not be done on schools in association with
fish aggregating devices (FADs), areas of high seas closed to fishing,
requirements to retain tuna on board up to the first point of landing
or transshipment, requirements to carry observers, and requirements to
handle sea turtles in a specified manner. This action was necessary for
the United States to satisfy its international obligations under the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean, to which it is a
Contracting Party.
7. Fisheries of the Exclusive Economic Zone off Alaska; Bering Sea
and Aleutian Islands (Amendment 92) and Gulf of Alaska License
(Amendment 82) Limitation Program. RIN 0648-AX14 (74 FR 41080; August
14, 2009). NMFS issued regulations to implement Amendment 92 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area and Amendment 82 to the Fishery Management Plan
for Groundfish of the Gulf of Alaska. This action removed trawl gear
endorsements on licenses issued under the license limitation program in
specific management areas if those licenses had not been used on
vessels that met minimum recent landing requirements using trawl gear.
This action provided exemptions to this requirement for licenses that
were used in trawl fisheries subject to certain limited access
privilege programs. This action issued new area endorsements for trawl
catcher vessel licenses in the Aleutian Islands if minimum recent
landing requirements in the Aleutian Islands were met. This action was
intended to promote the goals and objectives of the MSA, the Fishery
Management Plans, and other applicable law.
8. Endangered and Threatened Species; Critical Habitat for the
Endangered Distinct Population Segment of Smalltooth Sawfish. RIN 0648-
AV74 (74 FR 45353; September 2, 2009). NMFS, issued a final rule to
designate critical habitat for the U.S. distinct population segment
(DPS) of smalltooth sawfish (Pristis pectinata), which was listed as
endangered on April 1, 2003, under the ESA. The critical habitat
consists of two units: The Charlotte Harbor Estuary Unit, which
comprises approximately 221,459 acres of coastal habitat; and the Ten
Thousand Islands/Everglades Unit (TTI/E), which comprises approximately
619,013 acres of coastal habitat. The two units are located along the
southwestern coast of Florida between Charlotte Harbor and Florida Bay.
NMFS issued this rule to satisfy requirements under the Endangered
Species Act.
9. Endangered and Threatened Wildlife and Plants: Final Rulemaking
to Designate Critical Habitat for the Threatened Southern Distinct
Population Segment of North American Green Sturgeon. RIN 0648-AX04 (74
FR 52299; October 9, 2009). NMFS designated critical habitat for the
threatened Southern distinct population segment of North American green
sturgeon (Southern DPS of green sturgeon) pursuant to section 4 of the
ESA. Specific areas proposed for designation included: Coastal U.S.
marine waters within 60 fathoms (fm) depth from Monterey Bay, CA
(including Monterey Bay), north to Cape Flattery, WA, including the
Strait of Juan de Fuca, WA, to its United States boundary; the
Sacramento River, lower Feather River, and lower Yuba River in
California; the Sacramento-San Joaquin Delta and Suisun, San Pablo, and
San Francisco bays in California; the lower Columbia River estuary; and
certain coastal bays and estuaries in California (Humboldt Bay), Oregon
(Coos Bay, Winchester Bay, Yaquina Bay, and Nehalem Bay), and
Washington (Willapa Bay and Grays Harbor). This rule designated
approximately 515 kilometers (km) (320 miles (mi)) of freshwater river
habitat, 2,323 km\2\ (897 mi\2\) of estuarine habitat, 29,581 km\2\
(11,421 mi\2\) of marine habitat, 784 km (487 mi) of habitat in the
Sacramento-San Joaquin Delta, and 350 km\2\ (135 mi\2\) of habitat
within the Yolo and Sutter bypasses (Sacramento River, CA) as critical
habitat for the Southern DPS of green sturgeon. This rule excluded the
following areas from designation because the economic benefits of
exclusion outweigh the benefits of inclusion, and exclusion would not
result in the extinction of the species: Coastal U.S. marine waters
within 60 fm depth from the California/Mexico border north to Monterey
Bay, CA, and from the Alaska/Canada border northwest to the Bering
Strait; the lower Columbia River from river kilometer 74 to the
Bonneville Dam; and certain coastal bays and estuaries in California
(Elkhorn Slough, Tomales Bay, Noyo Harbor, and the estuaries to the
head of the tide in the Eel and Klamath/Trinity rivers), Oregon
(Tillamook Bay and the estuaries to the head of the tide in the Rogue,
Siuslaw, and Alsea rivers), and Washington (Puget Sound). Particular
areas were also excluded based on impacts on national security and
impacts on Indian lands. The areas excluded from the designation
comprised approximately 0.2 km (0.1 mi) of freshwater habitat, 2,945
km\2\ (1,137 mi\2\) of estuarine habitat and 1,034,935 km\2\ (399,590
mi\2\) of marine habitat. 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 the draft biological
report and draft ESA section 4(b)(2) report.
10. Fisheries of the United States Exclusive Economic Zone off
Alaska; Fisheries of the Arctic Management Area; Bering Sea Subarea.
RIN 0648-AX71 (74 FR 56734; November 3, 2009). NMFS issued a final rule
that implements the Fishery Management Plan for Fish Resources of the
Arctic Management Area (Arctic FMP) and Amendment 29 to the Fishery
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs
(Crab FMP). The Arctic FMP and

[[Page 51429]]

Amendment 29 to the Crab FMP established sustainable management of
commercial fishing in the Arctic Management Area and moved the northern
boundary of the Crab FMP out of the Arctic Management Area south to
Bering Strait. This action was necessary to establish a management
framework for commercial fishing and to provide consistent management
of fish resources in the Arctic Management Area before the potential
onset of unregulated commercial fishing in the area. This action was
intended to promote the goals and objectives of the MSA, the Arctic and
Crab FMPs, and other applicable laws.
11. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment
15B; Reef Fish Fishery of the Gulf of Mexico. RIN 0648-AW12 (74 FR
58902; November 16, 2009). NMFS issued this final rule to implement
Amendment 15B to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region, as prepared and submitted by the
South Atlantic Fishery Management Council. This final rule, for South
Atlantic snapper-grouper, required a private recreational vessel that
fishes in the exclusive economic zone (EEZ), if selected by NMFS, to
maintain and submit fishing records; required a vessel that fishes in
the EEZ, if selected by NMFS, to carry an observer and install an
electronic logbook and/or video monitoring equipment provided by NMFS;
prohibited the sale of snapper-grouper harvested or possessed in the
EEZ under the bag limits and prohibited the sale of snapper-grouper
harvested or possessed under the bag limits by vessels with a Federal
charter vessel/headboat permit for South Atlantic snapper-grouper
regardless of where the snapper-grouper were harvested; required an
owner and operator of a vessel for which a commercial or charter
vessel/headboat permit has been issued and that has on board any hook-
and-line gear 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
such species that are incidentally caught; and expanded the allowable
transfer of a commercial vessel permit under the limited access program
and extended the allowable period for renewal of such a permit.
Amendment 15B also revised the stock status determination criteria for
golden tilefish and specified commercial/recreational allocations for
snowy grouper and red porgy. In addition, NMFS removed language
specifying commercial quotas for snowy grouper and red porgy that were
no longer in effect and revised sea turtle bycatch mitigation
requirements applicable to the Gulf reef fish fishery to add two
devices that were inadvertently omitted from a prior rule. The intended
effects of this final rule were to provide additional information for,
and otherwise improve the effective management of, the South Atlantic
snapper-grouper fishery; minimize the impacts on incidentally caught
threatened and endangered sea turtles and smalltooth sawfish; and
remove outdated language, all pursuant to the MSA.
12. International Fisheries Regulations; Fisheries in the Western
Pacific; Pelagic Fisheries; Hawaii-Based Shallow-Set Longline Fishery.
RIN 0648-AW49 (74 FR 65460; December 10, 2009). This final rule
implemented the management provisions in Amendment 18 to the Pelagics
Fishery Management Plan for the pelagic fisheries in the U.S. western
Pacific, and made several housekeeping changes to the pelagic fishing
regulations that were not related to Amendment 18. This final rule
removed the annual limit on the number of fishing gear deployments
(sets) for the Hawaii-based pelagic shallow-set longline fishery, and
increased the annual number of allowable incidental interactions that
occur between the fishery and loggerhead sea turtles. The final rule
optimized yield from the fishery without jeopardizing the continued
existence of sea turtles and other protected resources. This final rule
also made several administrative clarifications to the regulations. The
intent of this final rule was to achieve optimal yield from the
fishery, pursuant to the MSA, without jeopardizing the continued
existence of sea turtles and other protected resources.

Dated: August 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-18521 Filed 8-3-16; 8:45 am]
BILLING CODE 3510-22-P

51428 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules

for South Atlantic snapper-grouper and Amendment 92 to the Fishery California; the Sacramento-San Joaquin
use of such device as needed to release Management Plan for Groundfish of the Delta and Suisun, San Pablo, and San
fish with a minimum of injury. In Bering Sea and Aleutian Islands Francisco bays in California; the lower
addition, Amendment 16, for both gag Management Area and Amendment 82 Columbia River estuary; and certain
and vermilion snapper, revised the to the Fishery Management Plan for coastal bays and estuaries in California
definitions of maximum sustainable Groundfish of the Gulf of Alaska. This (Humboldt Bay), Oregon (Coos Bay,
yield and OY, specified TAC, and action removed trawl gear endorsements Winchester Bay, Yaquina Bay, and
established interim allocations of TACs on licenses issued under the license Nehalem Bay), and Washington
for the recreational and commercial limitation program in specific (Willapa Bay and Grays Harbor). This
sectors. Amendment 16 also specified a management areas if those licenses had rule designated approximately 515
minimum stock size threshold for gag not been used on vessels that met kilometers (km) (320 miles (mi)) of
and, based on the new assessment, for minimum recent landing requirements freshwater river habitat, 2,323 km2 (897
vermilion snapper. The intended effects using trawl gear. This action provided mi2) of estuarine habitat, 29,581 km2
of this final rule were to end overfishing exemptions to this requirement for (11,421 mi2) of marine habitat, 784 km
of gag and vermilion snapper, protect licenses that were used in trawl (487 mi) of habitat in the Sacramento-
shallow-water grouper during their fisheries subject to certain limited San Joaquin Delta, and 350 km2 (135
spawning season, and reduce bycatch access privilege programs. This action mi2) of habitat within the Yolo and
mortality of snapper-grouper species in issued new area endorsements for trawl Sutter bypasses (Sacramento River, CA)
the South Atlantic, pursuant to the catcher vessel licenses in the Aleutian as critical habitat for the Southern DPS
MSA. Islands if minimum recent landing of green sturgeon. This rule excluded
6. International Fisheries; Western requirements in the Aleutian Islands the following areas from designation
and Central Pacific Fisheries for Highly were met. This action was intended to because the economic benefits of
Migratory Species; Fishing Restrictions promote the goals and objectives of the exclusion outweigh the benefits of
and Observer Requirements in Purse MSA, the Fishery Management Plans, inclusion, and exclusion would not
Seine Fisheries for 2009–2011 and and other applicable law. result in the extinction of the species:
Turtle Mitigation Requirements in Purse 8. Endangered and Threatened Coastal U.S. marine waters within 60 fm
Seine Fisheries. RIN 0648–AX60. (74 FR Species; Critical Habitat for the depth from the California/Mexico
38544; August 4, 2009). NMFS issued Endangered Distinct Population border north to Monterey Bay, CA, and
regulations under authority of the Segment of Smalltooth Sawfish. RIN from the Alaska/Canada border
Western and Central Pacific Fisheries 0648–AV74 (74 FR 45353; September 2, northwest to the Bering Strait; the lower
Convention Implementation Act 2009). NMFS, issued a final rule to Columbia River from river kilometer 74
(WCPFC Implementation Act) to designate critical habitat for the U.S. to the Bonneville Dam; and certain
implement certain decisions of the distinct population segment (DPS) of coastal bays and estuaries in California
Commission for the Conservation and smalltooth sawfish (Pristis pectinata), (Elkhorn Slough, Tomales Bay, Noyo
Management of Highly Migratory Fish which was listed as endangered on Harbor, and the estuaries to the head of
Stocks in the Western and Central April 1, 2003, under the ESA. The the tide in the Eel and Klamath/Trinity
Pacific Ocean (WCPFC). Those critical habitat consists of two units: rivers), Oregon (Tillamook Bay and the
decisions required that the members of The Charlotte Harbor Estuary Unit, estuaries to the head of the tide in the
the WCPFC, including the United which comprises approximately 221,459 Rogue, Siuslaw, and Alsea rivers), and
States, take certain measures with acres of coastal habitat; and the Ten
Washington (Puget Sound). Particular
respect to their purse seine fisheries in Thousand Islands/Everglades Unit (TTI/
areas were also excluded based on
the area of competence of the WCPFC, E), which comprises approximately
impacts on national security and
which included most of the western and 619,013 acres of coastal habitat. The two
impacts on Indian lands. The areas
central Pacific Ocean (WCPO). The units are located along the southwestern
excluded from the designation
regulations included limits on the coast of Florida between Charlotte
comprised approximately 0.2 km (0.1
number of days that may be fished, Harbor and Florida Bay. NMFS issued
mi) of freshwater habitat, 2,945 km2
periods during which fishing may not this rule to satisfy requirements under
(1,137 mi2) of estuarine habitat and
be done on schools in association with the Endangered Species Act.
fish aggregating devices (FADs), areas of 9. Endangered and Threatened 1,034,935 km2 (399,590 mi2) of marine
high seas closed to fishing, requirements Wildlife and Plants: Final Rulemaking habitat. This final rule responded to and
to retain tuna on board up to the first to Designate Critical Habitat for the incorporated public comments received
point of landing or transshipment, Threatened Southern Distinct on the proposed rule and supporting
requirements to carry observers, and Population Segment of North American documents, as well as peer reviewer
requirements to handle sea turtles in a Green Sturgeon. RIN 0648–AX04 (74 FR comments received on the draft
specified manner. This action was 52299; October 9, 2009). NMFS biological report and draft ESA section
necessary for the United States to satisfy designated critical habitat for the 4(b)(2) report.
its international obligations under the threatened Southern distinct population 10. Fisheries of the United States
Convention on the Conservation and segment of North American green Exclusive Economic Zone off Alaska;
Management of Highly Migratory Fish sturgeon (Southern DPS of green Fisheries of the Arctic Management
Stocks in the Western and Central sturgeon) pursuant to section 4 of the Area; Bering Sea Subarea. RIN 0648–
Pacific Ocean, to which it is a ESA. Specific areas proposed for AX71 (74 FR 56734; November 3, 2009).
rmajette on DSK2TPTVN1PROD with PROPOSALS

Contracting Party. designation included: Coastal U.S. NMFS issued a final rule that
7. Fisheries of the Exclusive marine waters within 60 fathoms (fm) implements the Fishery Management
Economic Zone off Alaska; Bering Sea depth from Monterey Bay, CA Plan for Fish Resources of the Arctic
and Aleutian Islands (Amendment 92) (including Monterey Bay), north to Cape Management Area (Arctic FMP) and
and Gulf of Alaska License (Amendment Flattery, WA, including the Strait of Amendment 29 to the Fishery
82) Limitation Program. RIN 0648–AX14 Juan de Fuca, WA, to its United States Management Plan for Bering Sea/
(74 FR 41080; August 14, 2009). NMFS boundary; the Sacramento River, lower Aleutian Islands King and Tanner Crabs
issued regulations to implement Feather River, and lower Yuba River in (Crab FMP). The Arctic FMP and

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$Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules 51429 Amendment 29 to the Crab FMP the bag limits and prohibited the sale of outdated language, all pursuant to the established sustainable management of snapper-grouper harvested or possessed MSA. commercial fishing in the Arctic under the bag limits by vessels with a 12. International Fisheries Management Area and moved the Federal charter vessel/headboat permit Regulations; Fisheries in the Western northern boundary of the Crab FMP out for South Atlantic snapper-grouper Pacific; Pelagic Fisheries; Hawaii-Based of the Arctic Management Area south to regardless of where the snapper-grouper Shallow-Set Longline Fishery. RIN Bering Strait. This action was necessary were harvested; required an owner and 0648–AW49 (74 FR 65460; December to establish a management framework operator of a vessel for which a 10, 2009). This final rule implemented for commercial fishing and to provide commercial or charter vessel/headboat the management provisions in consistent management of fish resources permit has been issued and that has on in the Arctic Management Area before board any hook-and-line gear to comply Amendment 18 to the Pelagics Fishery the potential onset of unregulated with sea turtle and smalltooth sawfish Management Plan for the pelagic commercial fishing in the area. This release protocols, possess on board fisheries in the U.S. western Pacific, and action was intended to promote the specific gear to ensure proper release of made several housekeeping changes to goals and objectives of the MSA, the such species, and comply with the pelagic fishing regulations that were Arctic and Crab FMPs, and other guidelines for proper care and release of not related to Amendment 18. This final applicable laws. such species that are incidentally rule removed the annual limit on the 11. Fisheries of the Caribbean, Gulf of caught; and expanded the allowable number of fishing gear deployments Mexico, and South Atlantic; Snapper- transfer of a commercial vessel permit (sets) for the Hawaii-based pelagic Grouper Fishery off the Southern under the limited access program and shallow-set longline fishery, and Atlantic States; Amendment 15B; Reef extended the allowable period for increased the annual number of Fish Fishery of the Gulf of Mexico. RIN renewal of such a permit. Amendment allowable incidental interactions that 0648–AW12 (74 FR 58902; November 15B also revised the stock status occur between the fishery and 16, 2009). NMFS issued this final rule determination criteria for golden tilefish loggerhead sea turtles. The final rule to implement Amendment 15B to the and specified commercial/recreational optimized yield from the fishery Fishery Management Plan for the allocations for snowy grouper and red without jeopardizing the continued Snapper-Grouper Fishery of the South porgy. In addition, NMFS removed existence of sea turtles and other Atlantic Region, as prepared and language specifying commercial quotas protected resources. This final rule also submitted by the South Atlantic Fishery for snowy grouper and red porgy that made several administrative Management Council. This final rule, were no longer in effect and revised sea clarifications to the regulations. The for South Atlantic snapper-grouper, turtle bycatch mitigation requirements intent of this final rule was to achieve required a private recreational vessel applicable to the Gulf reef fish fishery optimal yield from the fishery, pursuant that fishes in the exclusive economic to add two devices that were to the MSA, without jeopardizing the zone (EEZ), if selected by NMFS, to inadvertently omitted from a prior rule. continued existence of sea turtles and maintain and submit fishing records; The intended effects of this final rule other protected resources. required a vessel that fishes in the EEZ, were to provide additional information Dated: August 1, 2016. if selected by NMFS, to carry an for, and otherwise improve the effective observer and install an electronic management of, the South Atlantic Emily H. Menashes, logbook and/or video monitoring snapper-grouper fishery; minimize the Acting Director, Office of Sustainable equipment provided by NMFS; impacts on incidentally caught Fisheries, National Marine Fisheries Service. prohibited the sale of snapper-grouper threatened and endangered sea turtles [FR Doc. 2016–18521 Filed 8–3–16; 8:45 am] harvested or possessed in the EEZ under and smalltooth sawfish; and remove BILLING CODE 3510–22–P rmajette on DSK2TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 E:\FR\FM\04AUP1.SGM 04AUP1$

Document Created: 2016-08-04 02:53:39
Document Modified: 2016-08-04 02:53:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of regulatory review; request for comments.
Dates		Written comments must be received by NMFS by September 6, 2016.
Contact		Tara Scott, (301) 427-8579.
FR Citation		81 FR 51426
RIN Number		0648-XE74

81 FR 51426 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 150 (August 4, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration