82 FR 26419 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

Page Range		26419-26422
FR Document		2017-11815

NMFS announces the existing rules that it is reviewing, as required, under section 610 of the Regulatory Flexibility Act, which 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 document is to inform the public of the rules under review, to outline NMFS' review process, and to provide an opportunity to comment. In addition, information compiled through this routine action will be relevant to the regulatory reviews required under Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' and Executive Order 13777, ``Enforcing the Regulatory Reform Agenda.''

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Proposed Rules]
[Pages 26419-26422]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-11815]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

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

RIN 0648-XF326

Plan for Periodic Review of Regulations

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS announces the existing rules that it is reviewing, as
required, under section 610 of the Regulatory Flexibility Act, which
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 document is to
inform the public of the rules under review, to outline NMFS' review
process, and to provide an opportunity to comment. In addition,
information compiled through this routine action will be relevant to
the regulatory reviews required under Executive Order 13771, ``Reducing
Regulation and Controlling Regulatory Costs,'' and Executive Order
13777, ``Enforcing the Regulatory Reform Agenda.''

DATES: Written comments must be received by July 7, 2017.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0054, by either 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-2017-0054, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Kelly Denit, 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'').
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 or Heather
Sagar, (301) 427-8019.

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
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 rule.
In addition, information compiled through this routine action under
Section 610 of the RFA will be relevant to the regulatory reviews
required under Executive Order 13771, ``Reducing Regulation and
Controlling Regulatory Costs,'' and Executive Order 13777, ``Enforcing
the Regulatory Reform Agenda.''

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 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
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

[[Page 26420]]

other factors have changed in the area affected by the rule.

Plan for Periodic Review of Rules

Below is the list of rules and their summaries issued in 2010 that
we will review by December 31, 2017, consistent with RFA Section 610.
This list includes rules issues in 2010 for which initial and final
regulatory flexibility analyses were completed.
1. Pacific Halibut Fisheries; Limited Access for Guided Sport
Charter. RIN 0648-AW92 (75 FR 553; January 5, 2010). NMFS issued
regulations creating a limited access system for charter vessels in the
guided sport fishery for Pacific halibut in waters of International
Pacific Halibut Commission Regulatory Areas 2C (Southeast Alaska) and
3A (Central Gulf of Alaska). This limited access system limited the
number of charter vessels that may participate in the guided sport
fishery for halibut in these areas. NMFS issued a charter halibut
permit to a licensed charter fishing business owner based on his or her
past participation in the charter halibut fishery and to a Community
Quota Entity representing specific rural communities. All charter
halibut permit holders were subject to limits on the number of permits
they may hold and on the number of charter vessel anglers who may catch
and retain halibut on permitted charter vessels. This action was
necessary to achieve the approved halibut fishery management goals of
the North Pacific Fishery Management Council. The intended effect was
to curtail growth of fishing capacity in the guided sport fishery for
halibut. This action was conducted by NMFS under authority of the
Northern Pacific Halibut Act of 1982.
2. International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Initial Implementation of the Western and
Central Pacific Fisheries Convention. RIN 0648-AV63 (75 FR 3335;
January 21, 2010). NMFS issued regulations under authority of the
Western and Central Pacific Fisheries Convention Implementation Act,
which authorized the Secretary of Commerce to promulgate regulations
needed to carry out the obligations of the U.S. under the Convention on
the Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, including implementing the decisions
of the Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean. The
regulations included requirements related to permitting, vessel
monitoring systems, vessel observers, vessel markings, reporting and
recordkeeping, at-sea transshipment, and boarding and inspection on the
high seas, among others. NMFS has determined that this action was
necessary for the United States to satisfy its international
obligations under the Convention, to which it is a Contracting Party.
It has the effect of requiring that all relevant U.S. fishing vessels
were operated in conformance with the provisions of the Convention.
3. Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Harbor Porpoise Take Reduction Plan Regulations. RIN 0648-
AW51 (75 FR 7383; February 19, 2010). NMFS issued this final rule to
amend the regulations implementing the Harbor Porpoise Take Reduction
Plan to address the increased incidental mortality and serious injury
of the Gulf of Maine/Bay of Fundy stock of harbor porpoises (Phocoena
phocoena) in gillnet fisheries throughout the stock's U.S. range. This
action was conducted by NMFS under the authority of the Marine Mammal
Protection Act.
4. Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Amendment 10. RIN 0648-AY00 (75 FR
11441; March 11, 2010). NMFS implemented approved measures in Amendment
10 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery
Management Plan (FMP). Amendment 10 was developed by the Mid-Atlantic
Fishery Management Council to bring the FMP into compliance with
Magnuson-Stevens Act requirements by establishing a rebuilding program
that allows the butterfish stock to rebuild and protects the long-term
health and stability of the stock; and by minimizing bycatch and the
fishing mortality of unavoidable bycatch, to the extent practicable, in
the MSB fisheries. Amendment 10 increased the minimum codend mesh size
requirement for the long fin squid fishery; established a butterfish
rebuilding program with a butterfish mortality cap for the long fin
squid fishery; established a 72-hr trip notification requirement for
the long fin squid fishery; and required an annual assessment of the
butterfish rebuilding program by the Council's Scientific and
Statistical Committee. This rule also made minor, technical corrections
to the existing regulations. This action was conducted by NMFS under
the authority of the Magnuson-Stevens Act.
5. Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Amendment 16; Final Rule. RIN 0648-AW72 (75 FR
18261; April 9, 2010). NMFS issued the final rule to implement measures
approved under Amendment 16 to the NE Multispecies Fishery Management
Plan. Amendment 16 was developed by the New England Fishery Management
Council as part of the biennial adjustment process in the FMP to update
status determination criteria for all regulated NE multispecies and
ocean pout stocks; to adopt rebuilding programs for NE multispecies
stocks newly classified as being overfished and subject to overfishing;
and to revise management measures, including significant revisions to
the sector management measures, necessary to end overfishing, rebuild
overfished regulated NE multispecies and ocean pout stocks, and
mitigate the adverse economic impacts of increased effort controls.
This final rule also implemented new requirements under Amendment 16
for establishing acceptable biological catch (ABC), annual catch limits
(ACLs), and accountability measures (AMs) for each stock managed under
the FMP, pursuant to the Magnuson-Stevens Act. Finally, this action
added Atlantic wolffish to the list of species managed by the FMP. This
action was necessary to address the results of the most recent stock
assessment, which indicate that several additional regulated species
are overfished and subject to overfishing, and that stocks currently
classified as overfished require additional reductions in fishing
mortality to rebuild by the end of their rebuilding periods. This
action was conducted by NMFS under the authority of the Magnuson-
Stevens Act
6. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 31. RIN 0648-AX67.
(75 FR 21512; April 26, 2010). NMFS issued this final rule to implement
Amendment 31 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 implemented restrictions applicable to the
bottom longline component of the reef fish fishery in the exclusive
economic zone (EEZ) of the eastern Gulf of Mexico. The restrictions
included a bottom longline endorsement requirement, a seasonal closed
area, and a limitation on the number of hooks that can be possessed and
fished. The intent of this rule was to balance the continued operation
of the bottom longline component of the reef fish fishery in the
eastern Gulf while maintaining adequate protective measures for sea
turtles. This action was conducted by NMFS under

[[Page 26421]]

the authority of the Magnuson-Stevens Act.
7. Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; Amendment 3; Final Rule. RIN 0648-AW65 (75 FR 30483; June 1,
2010). NMFS published this final rule to implement the Final Amendment
3 to the Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP). As it developed Amendment 3, NMFS examined a
full range of management alternatives available to rebuild blacknose
sharks and end overfishing of blacknose and shortfin mako sharks,
consistent with recent stock assessments, the Magnuson-Stevens Act, and
other applicable law, and evaluated options for managing smooth dogfish
as a highly migratory species under the HMS FMP. This final rule
implemented the final conservation and management measures in Amendment
3 for blacknose sharks, shortfin mako sharks, and smooth dogfish. In
order to reduce confusion with spiny dogfish regulations, this final
rule places both smooth dogfish and Florida smoothhound into the
``smoothhound shark complex.'' This final rule also announced the
opening date and 2010 annual quotas for small coastal sharks. These
changes could have affected all fishermen, commercial and recreational,
who fish for sharks in the Atlantic Ocean, the Gulf of Mexico, and the
Caribbean Sea. This action was conducted by NMFS under the authority of
the Magnuson-Stevens Act.
8. Endangered and Threatened Wildlife and Plants: Final Rulemaking
to Establish Take Prohibitions for the Threatened Southern Distinct
Population Segment of North American Green Sturgeon. RIN 0648-AV94 (75
FR 30714; June 2, 2010). This final Endangered Species Act (ESA)
section 4(d) rule represented the regulations that we, NMFS, believe
necessary and advisable to conserve the threatened Southern Distinct
Population Segment of North American green sturgeon (Acipenser
medirostris; hereafter Southern DPS). We applied the prohibitions
listed under ESA section 9 for the Southern DPS, and we highlighted
specific categories of activities that were likely to result in take of
Southern DPS fish. We did not find it necessary and advisable to apply
the take prohibitions to certain categories of activities that
contribute to conserving the Southern DPS. We also provided a variety
of methods by which take of the Southern DPS may have been authorized.
This document also announces the availability of a final environmental
assessment that analyzed the environmental impacts of promulgating the
4(d) regulations for the Southern DPS. This action was conducted by
NMFS under the authority of the ESA.
9. Pacific Halibut Fisheries; Limited Access for Guided Sport
Charter Vessels in Alaska. RIN 0648-AY85 (75 FR 56903; September 17,
2010). NMFS issued regulations amending the limited access program for
charter vessels in the guided sport fishery for Pacific halibut in the
waters of International Pacific Halibut Commission Regulatory Area 2C
(Southeast Alaska) and Area 3A (Central Gulf of Alaska). These
regulations revised the method of assigning angler endorsements to
charter halibut permits to more closely align each endorsement with the
greatest number of charter vessel anglers reported for each vessel that
a charter business used to qualify for a charter halibut permit. This
action was necessary to achieve the halibut fishery management goals of
the North Pacific Fishery Management Council. This action was conducted
by NMFS under authority of the Northern Pacific Halibut Act of 1982.
10. Fisheries of the Exclusive Economic Zone Off Alaska; Modified
Nonpelagic Trawl Gear and Habitat Conservation in the Bering Sea
Subarea. RIN 0648-AY34 (75 FR 61642; October 6, 2010). NMFS issued a
final rule that implemented Amendment 94 to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management Area.
Amendment 94 required participants using nonpelagic trawl gear in the
directed fishery for flatfish in the Bering Sea subarea to modify the
trawl gear to raise portions of the gear off the ocean bottom.
Amendment 94 also changed the boundaries of the Northern Bering Sea
Research Area to establish the Modified Gear Trawl Zone (MGTZ) and to
expand the Saint Matthew Island Habitat Conservation Area. Nonpelagic
trawl gear also was required to be modified to raise portions of the
gear off the ocean bottom if used in any directed fishery for
groundfish in the MGTZ. This action was necessary to reduce potential
adverse effects of nonpelagic trawl gear on bottom habitat, to protect
additional blue king crab habitat near St. Matthew Island, and to allow
for efficient flatfish harvest as the distribution of flatfish in the
Bering Sea changes. This action was intended to promote the goals and
objectives of the Magnuson- Stevens Fishery Conservation and Management
Act, the FMP, and other applicable laws. This action was conducted by
NMFS under the authority of the Magnuson-Stevens Act.
11. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Regulatory Amendment to the Fishery Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S. Virgin Islands. RIN 0648-AY05 (75
FR 67247; November 2, 2010). NMFS issued this final rule that
implemented a regulatory amendment to the Fishery Management Plan for
the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands
prepared by the Caribbean Fishery Management Council. This rule
modified the Bajo de Sico seasonal closure from a 3-month closure to a
6-month closure, and prohibits fishing for and possession of Caribbean
reef fish in or from the EEZ portion of Bajo de Sico during the
closure. The final rule also prohibited anchoring in the EEZ portion of
Bajo de Sico year-round. In addition to the measures contained in the
regulatory amendment, this final rule also added spear to the list of
allowable gears in the commercial sector of the Caribbean reef fish
fishery and revises the title of the FMP in the list of authorized
fisheries and gear. The intended effect of this rule was to provide
further protection for red hind spawning aggregations and large
snappers and groupers, and better protect the essential fish habitat
where these species reside. This action was conducted by NMFS under the
authority of the Magnuson-Stevens Act.
12. Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Observer Program. RIN 0648-AW24 (75 FR 69016; November 10, 2010). NMFS
issued a final rule to amend regulations implementing the North Pacific
Groundfish Observer Program (Observer Program). This action was
necessary to improve the operational efficiency of the Observer
Program, as well as to improve the catch, bycatch, and biological data
collected by observers for conservation and management of the North
Pacific groundfish fisheries, including those data collected through
scientific research activities. The final rule was intended to promote
the goals and objectives of 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. This action was
conducted by NMFS under the authority of the Magnuson-Stevens Act.
13. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management
Measures. RIN 0648-BA04 (75 FR74656; December 1, 2010). NMFS issued
this final rule to implement actions identified in a regulatory
amendment to the Fishery Management Plan for the Reef Fish

[[Page 26422]]

Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery
Management Council. This final rule reduced the commercial quota for
red grouper and, thus, the combined commercial quota for shallow water
grouper species, and requires vessels with valid commercial Gulf of
Mexico reef fish permits to mark their buoy gear with the official
vessel number. This rule also implemented minor revisions to codified
text, including a revised definition of buoy gear, re-codification of
the commercial and recreational quotas for greater amberjack, revision
of the recreational accountability measure for greater amberjack, and
removal of outdated language for the red snapper individual fishing
quota program. The intended effect of this final rule was to help
prevent overfishing of red grouper while achieving optimum yield by
reducing red grouper harvest, consistent with the findings of the
recent stock assessment for this species, and to implement technical
corrections to the regulations. This action was conducted by NMFS under
the authority of the Magnuson-Stevens Act.
14. Atlantic Highly Migratory Species; 2011 Commercial Fishing
Season and Adaptive Management Measures for the Atlantic Shark Fishery.
RIN 0648-AY98 (75 FR 76302; December 8, 2010). This final rule
established opening dates and adjusted quotas for the 2011 fishing
season for sandbar sharks, non-sandbar large coastal sharks (LCS),
blacknose shark, non-blacknose small coastal shark (SCS), blue sharks,
porbeagle sharks, and pelagic sharks (other than porbeagle or blue
sharks) based on any over- and/or underharvests experienced during the
2009 and 2010 Atlantic commercial shark fishing seasons. NMFS was
taking this action to establish the 2011 adjusted fishing quotas and to
open the commercial fishing seasons for the Atlantic sandbar shark,
non-sandbar LCS, blacknose shark, non-blacknose SCS, and pelagic shark
fisheries based on over- and underharvests from the 2009 and 2010
fishing season. This action was expected to affect commercial shark
fishermen in the Atlantic and Gulf of Mexico regions. In addition to
establishing opening dates and adjusting annual quotas, this final rule
implemented adaptive management measures, including flexible opening
dates for the fishing season, as well as inseason adjustments to shark
trip limits, to provide flexibility in management in the furtherance of
equitable fishing opportunities, to the extent practicable, for
commercial shark fishermen in all regions and areas. These actions were
expected to affect commercial shark fishermen in the Atlantic and Gulf
of Mexico regions. This action was conducted by NMFS under the
authority of the Magnuson-Stevens Act.
15. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment
17A; Emergency Rule To Delay Effectiveness of the Snapper-Grouper Area
Closure; Final Rule and Temporary Rule. RIN 0648-AY10 (75 FR 76873;
December 9, 2010). NMFS issued this final rule to implement Amendment
17A to the Fishery Management Plan for the Snapper-Grouper Fishery of
the South Atlantic Region (FMP), as prepared and submitted by the South
Atlantic Fishery Management Council. This final rule established an ACL
of zero for red snapper, which means all harvest and possession of red
snapper in or from the South Atlantic EEZ is prohibited, and for a
vessel with a Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper, harvest and possession of red snapper
is prohibited in or from State or Federal waters. This rule also
implemented an area closure for South Atlantic snapper-grouper that
extends from southern Georgia to northern Florida where harvest and
possession of all snapper-grouper species is prohibited (except when
fishing with black sea bass pots or spearfishing gear for species other
than red snapper), and requires the use of non-stainless steel circle
hooks when fishing for snapper-grouper species with hook and line gear
north of 28 degrees N. latitude in the South Atlantic EEZ.
Additionally, Amendment 17A established a rebuilding plan for red
snapper and requires a monitoring program as the AM for red snapper.
The intended effects of this rule were to end overfishing of South
Atlantic red snapper and rebuild the stock. This action was conducted
by NMFS under the authority of the Magnuson-Stevens Act.
16. Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment
17B. RIN 0648-AY11 (75 FR 82280; December 20, 2010). NMFS issued this
final rule to implement Amendment 17B 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 established ACLs and AMs for eight snapper-
grouper species in the FMP that were undergoing overfishing, and for
black grouper, which was recently assessed and determined to not be
undergoing overfishing or overfished; modified management measures to
limit total mortality of those species to the ACL; and added ACLs,
annual catch targets (ACTs), and AMs to the list of management measures
that may be amended via the framework process. The intent of this final
rule was to address overfishing of eight snapper-grouper species while
maintaining catch levels consistent with achieving optimum yield. This
action was conducted by NMFS under the authority of the Magnuson-
Stevens Act.

Availability of Completed Reviews

NMFS will make available a copy of this notice and the completed
reviews to the public at: http://www.nmfs.noaa.gov/sfa/laws_policies/economic_social/index.html.

Dated: June 2, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-11815 Filed 6-6-17; 8:45 am]
BILLING CODE 3510-22-P

26420 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Proposed Rules

other factors have changed in the area markings, reporting and recordkeeping, 18261; April 9, 2010). NMFS issued the
affected by the rule. at-sea transshipment, and boarding and final rule to implement measures
inspection on the high seas, among approved under Amendment 16 to the
Plan for Periodic Review of Rules
others. NMFS has determined that this NE Multispecies Fishery Management
Below is the list of rules and their action was necessary for the United Plan. Amendment 16 was developed by
summaries issued in 2010 that we will States to satisfy its international the New England Fishery Management
review by December 31, 2017, obligations under the Convention, to Council as part of the biennial
consistent with RFA Section 610. This which it is a Contracting Party. It has adjustment process in the FMP to
list includes rules issues in 2010 for the effect of requiring that all relevant update status determination criteria for
which initial and final regulatory U.S. fishing vessels were operated in all regulated NE multispecies and ocean
flexibility analyses were completed. conformance with the provisions of the pout stocks; to adopt rebuilding
1. Pacific Halibut Fisheries; Limited Convention. programs for NE multispecies stocks
Access for Guided Sport Charter. RIN 3. Taking of Marine Mammals newly classified as being overfished and
0648–AW92 (75 FR 553; January 5, Incidental to Commercial Fishing subject to overfishing; and to revise
2010). NMFS issued regulations creating Operations; Harbor Porpoise Take management measures, including
a limited access system for charter Reduction Plan Regulations. RIN 0648– significant revisions to the sector
vessels in the guided sport fishery for AW51 (75 FR 7383; February 19, 2010). management measures, necessary to end
Pacific halibut in waters of International NMFS issued this final rule to amend overfishing, rebuild overfished
Pacific Halibut Commission Regulatory the regulations implementing the regulated NE multispecies and ocean
Areas 2C (Southeast Alaska) and 3A Harbor Porpoise Take Reduction Plan to pout stocks, and mitigate the adverse
(Central Gulf of Alaska). This limited address the increased incidental economic impacts of increased effort
access system limited the number of mortality and serious injury of the Gulf controls. This final rule also
charter vessels that may participate in of Maine/Bay of Fundy stock of harbor implemented new requirements under
the guided sport fishery for halibut in porpoises (Phocoena phocoena) in Amendment 16 for establishing
these areas. NMFS issued a charter gillnet fisheries throughout the stock’s acceptable biological catch (ABC),
halibut permit to a licensed charter U.S. range. This action was conducted annual catch limits (ACLs), and
fishing business owner based on his or by NMFS under the authority of the accountability measures (AMs) for each
her past participation in the charter Marine Mammal Protection Act. stock managed under the FMP, pursuant
halibut fishery and to a Community 4. Fisheries of the Northeastern to the Magnuson-Stevens Act. Finally,
Quota Entity representing specific rural United States; Atlantic Mackerel, Squid, this action added Atlantic wolffish to
communities. All charter halibut permit and Butterfish Fisheries; Amendment the list of species managed by the FMP.
holders were subject to limits on the 10. RIN 0648–AY00 (75 FR 11441;
number of permits they may hold and This action was necessary to address the
March 11, 2010). NMFS implemented
on the number of charter vessel anglers results of the most recent stock
approved measures in Amendment 10 to
who may catch and retain halibut on assessment, which indicate that several
the Atlantic Mackerel, Squid, and
permitted charter vessels. This action additional regulated species are
Butterfish (MSB) Fishery Management
was necessary to achieve the approved overfished and subject to overfishing,
Plan (FMP). Amendment 10 was
halibut fishery management goals of the and that stocks currently classified as
developed by the Mid-Atlantic Fishery
North Pacific Fishery Management overfished require additional reductions
Management Council to bring the FMP
Council. The intended effect was to in fishing mortality to rebuild by the
into compliance with Magnuson-
curtail growth of fishing capacity in the end of their rebuilding periods. This
Stevens Act requirements by
guided sport fishery for halibut. This action was conducted by NMFS under
establishing a rebuilding program that
action was conducted by NMFS under allows the butterfish stock to rebuild the authority of the Magnuson-Stevens
authority of the Northern Pacific Halibut and protects the long-term health and Act
Act of 1982. stability of the stock; and by minimizing 6. Fisheries of the Caribbean, Gulf of
2. International Fisheries; Western bycatch and the fishing mortality of Mexico, and South Atlantic; Reef Fish
and Central Pacific Fisheries for Highly unavoidable bycatch, to the extent Fishery of the Gulf of Mexico;
Migratory Species; Initial practicable, in the MSB fisheries. Amendment 31. RIN 0648–AX67. (75 FR
Implementation of the Western and Amendment 10 increased the minimum 21512; April 26, 2010). NMFS issued
Central Pacific Fisheries Convention. codend mesh size requirement for the this final rule to implement Amendment
RIN 0648–AV63 (75 FR 3335; January long fin squid fishery; established a 31 to the Fishery Management Plan for
21, 2010). NMFS issued regulations butterfish rebuilding program with a the Reef Fish Resources of the Gulf of
under authority of the Western and butterfish mortality cap for the long fin Mexico prepared by the Gulf of Mexico
Central Pacific Fisheries Convention squid fishery; established a 72-hr trip Fishery Management Council. This final
Implementation Act, which authorized notification requirement for the long fin rule implemented restrictions
the Secretary of Commerce to squid fishery; and required an annual applicable to the bottom longline
promulgate regulations needed to carry assessment of the butterfish rebuilding component of the reef fish fishery in the
out the obligations of the U.S. under the program by the Council’s Scientific and exclusive economic zone (EEZ) of the
Convention on the Conservation and Statistical Committee. This rule also eastern Gulf of Mexico. The restrictions
Management of Highly Migratory Fish made minor, technical corrections to the included a bottom longline endorsement
Stocks in the Western and Central requirement, a seasonal closed area, and
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existing regulations. This action was
Pacific Ocean, including implementing conducted by NMFS under the authority a limitation on the number of hooks that
the decisions of the Commission for the of the Magnuson-Stevens Act. can be possessed and fished. The intent
Conservation and Management of 5. Magnuson-Stevens Fishery of this rule was to balance the continued
Highly Migratory Fish Stocks in the Conservation and Management Act operation of the bottom longline
Western and Central Pacific Ocean. The Provisions; Fisheries of the Northeastern component of the reef fish fishery in the
regulations included requirements United States; Northeast (NE) eastern Gulf while maintaining adequate
related to permitting, vessel monitoring Multispecies Fishery; Amendment 16; protective measures for sea turtles. This
systems, vessel observers, vessel Final Rule. RIN 0648–AW72 (75 FR action was conducted by NMFS under

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26422 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Proposed Rules

Resources of the Gulf of Mexico the Atlantic and Gulf of Mexico regions. Additionally, Amendment 17A
prepared by the Gulf of Mexico Fishery In addition to establishing opening established a rebuilding plan for red
Management Council. This final rule dates and adjusting annual quotas, this snapper and requires a monitoring
reduced the commercial quota for red final rule implemented adaptive program as the AM for red snapper. The
grouper and, thus, the combined management measures, including intended effects of this rule were to end
commercial quota for shallow water flexible opening dates for the fishing overfishing of South Atlantic red
grouper species, and requires vessels season, as well as inseason adjustments snapper and rebuild the stock. This
with valid commercial Gulf of Mexico to shark trip limits, to provide flexibility action was conducted by NMFS under
reef fish permits to mark their buoy gear in management in the furtherance of the authority of the Magnuson-Stevens
with the official vessel number. This equitable fishing opportunities, to the Act.
rule also implemented minor revisions extent practicable, for commercial shark 16. Fisheries of the Caribbean, Gulf of
to codified text, including a revised fishermen in all regions and areas. Mexico, and South Atlantic; Snapper-
definition of buoy gear, re-codification These actions were expected to affect Grouper Fishery Off the Southern
of the commercial and recreational commercial shark fishermen in the Atlantic States; Amendment 17B. RIN
quotas for greater amberjack, revision of Atlantic and Gulf of Mexico regions. 0648–AY11 (75 FR 82280; December 20,
the recreational accountability measure This action was conducted by NMFS 2010). NMFS issued this final rule to
for greater amberjack, and removal of under the authority of the Magnuson- implement Amendment 17B to the
outdated language for the red snapper Stevens Act. Fishery Management Plan for the
individual fishing quota program. The 15. Fisheries of the Caribbean, Gulf of Snapper-Grouper Fishery of the South
intended effect of this final rule was to Mexico, and South Atlantic; Snapper- Atlantic Region, as prepared and
help prevent overfishing of red grouper Grouper Fishery Off the Southern submitted by the South Atlantic Fishery
while achieving optimum yield by Atlantic States; Amendment 17A; Management Council. This final rule
reducing red grouper harvest, consistent Emergency Rule To Delay Effectiveness established ACLs and AMs for eight
with the findings of the recent stock of the Snapper-Grouper Area Closure; snapper-grouper species in the FMP that
assessment for this species, and to Final Rule and Temporary Rule. RIN were undergoing overfishing, and for
implement technical corrections to the 0648–AY10 (75 FR 76873; December 9, black grouper, which was recently
regulations. This action was conducted 2010). NMFS issued this final rule to assessed and determined to not be
by NMFS under the authority of the implement Amendment 17A to the undergoing overfishing or overfished;
Magnuson-Stevens Act. Fishery Management Plan for the modified management measures to limit
14. Atlantic Highly Migratory Species; Snapper-Grouper Fishery of the South total mortality of those species to the
2011 Commercial Fishing Season and Atlantic Region (FMP), as prepared and ACL; and added ACLs, annual catch
Adaptive Management Measures for the submitted by the South Atlantic Fishery targets (ACTs), and AMs to the list of
Atlantic Shark Fishery. RIN 0648–AY98 Management Council. This final rule management measures that may be
(75 FR 76302; December 8, 2010). This established an ACL of zero for red amended via the framework process.
final rule established opening dates and snapper, which means all harvest and The intent of this final rule was to
adjusted quotas for the 2011 fishing possession of red snapper in or from the address overfishing of eight snapper-
season for sandbar sharks, non-sandbar South Atlantic EEZ is prohibited, and grouper species while maintaining catch
large coastal sharks (LCS), blacknose for a vessel with a Federal commercial levels consistent with achieving
shark, non-blacknose small coastal or charter vessel/headboat permit for optimum yield. This action was
shark (SCS), blue sharks, porbeagle South Atlantic snapper-grouper, harvest conducted by NMFS under the authority
sharks, and pelagic sharks (other than and possession of red snapper is of the Magnuson-Stevens Act.
porbeagle or blue sharks) based on any prohibited in or from State or Federal
over- and/or underharvests experienced waters. This rule also implemented an Availability of Completed Reviews
during the 2009 and 2010 Atlantic area closure for South Atlantic snapper- NMFS will make available a copy of
commercial shark fishing seasons. grouper that extends from southern this notice and the completed reviews to
NMFS was taking this action to Georgia to northern Florida where the public at: http://www.nmfs.noaa.
establish the 2011 adjusted fishing harvest and possession of all snapper- gov/sfa/laws_policies/economic_social/
quotas and to open the commercial grouper species is prohibited (except index.html.
fishing seasons for the Atlantic sandbar when fishing with black sea bass pots or
shark, non-sandbar LCS, blacknose spearfishing gear for species other than Dated: June 2, 2017.
shark, non-blacknose SCS, and pelagic red snapper), and requires the use of Margo B. Schulze-Haugen,
shark fisheries based on over- and non-stainless steel circle hooks when Acting Deputy Director, Office of Sustainable
underharvests from the 2009 and 2010 fishing for snapper-grouper species with Fisheries, National Marine Fisheries Service.
fishing season. This action was expected hook and line gear north of 28 degrees [FR Doc. 2017–11815 Filed 6–6–17; 8:45 am]
to affect commercial shark fishermen in N. latitude in the South Atlantic EEZ. BILLING CODE 3510–22–P
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Document Created: 2017-06-07 02:01:20
Document Modified: 2017-06-07 02:01:20

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; request for comments.
Dates		Written comments must be received by July 7, 2017.
Contact		Tara Scott, (301) 427-8579 or Heather Sagar, (301) 427-8019.
FR Citation		82 FR 26419

82 FR 26419 - Plan for Periodic Review of Regulations

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration